HF 690

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to consumer protection; prohibiting the 
  1.3             tattooing of minors; providing an exception; proposing 
  1.4             coding for new law in Minnesota Statutes, chapter 325F.
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [325F.815] [TATTOOING OF MINORS.] 
  1.7      Subdivision 1.  [DEFINITION.] For purposes of this section, 
  1.8   "tattoo" means an indelible mark or figure fixed on the body by 
  1.9   insertion of pigment under the skin or by production of scars. 
  1.10     Subd. 2.  [TATTOOING OF MINORS PROHIBITED.] No person shall 
  1.11  provide a tattoo to a person under the age of 18, unless the 
  1.12  tattoo is being provided by a physician in the normal course of 
  1.13  the physician's practice. 
  1.14     Subd. 3.  [PHOTO IDENTIFICATION REQUIRED.] Any person who 
  1.15  provides a tattoo must require that the person who is to receive 
  1.16  the tattoo provides a driver's license or other state 
  1.17  identification card that includes the person's photograph and 
  1.18  shows that the person is at least 18 years of age. 
  1.19     Subd. 4.  [PENALTIES.] (a) A person who provides a tattoo 
  1.20  to a minor in violation of subdivision 2 is liable to the minor 
  1.21  or the parent of the minor for a civil penalty of $500, plus 
  1.22  costs and attorney fees, including the cost of removing the 
  1.23  tattoo, regardless of whether the tattoo is actually removed.  
  1.24  The minor or parent may make written demand for payment of the 
  1.25  civil liability by sending a copy of this section and a 
  2.1   description of the violation to the last known address of the 
  2.2   person who provided the tattoo.  If the liability is not paid 
  2.3   within 30 days of the demand, the minor or parent may bring a 
  2.4   civil action to recover the liability. 
  2.5      (b) It is a defense to liability under this subdivision if 
  2.6   the person who committed the violation can demonstrate that the 
  2.7   tattoo was given based on good-faith reliance on picture 
  2.8   identification presented by the minor. 
  2.9      (c) For the purposes of paragraph (a), the cost of removal 
  2.10  of a tattoo is the greater of $1,000 or the actual cost as 
  2.11  established under this paragraph.  A minor or parent may 
  2.12  establish the actual cost of removal of a tattoo by obtaining 
  2.13  estimates from at least two physicians licensed under chapter 
  2.14  147 who are qualified to perform the removal.  The cost 
  2.15  established must be the lowest of the estimates obtained.  
  2.16  Nothing in this section requires the minor or parent to actually 
  2.17  have the tattoo removed in order to be entitled to recover the 
  2.18  cost of removal.