Illinois 94th Regular Session Status: Passed House

HB 4523 — TATTOO & BODY PIERCING REG ACT

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 94th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Creates the Tattoo and Body Piercing Establishment Registration Act. Provides for the registration of tattoo and body piercing establishments by the Department of Public Health to ensure the health, safety, and welfare of the public, including the provision of a safe and adequate blood supply. Sets forth provisions concerning registration, operating requirements, duties of the Department, and administrative procedures. Amends the State Finance Act to create the Tattoo and Body Piercing Establishment Registration Fund.

Bill Text

What changed in the latest version

375 added · 283 removed

Plain-language change summary

The recent changes to HB 4523 clarify key definitions related to tattooing and body piercing, ensuring that safety practices are explicitly defined, such as "aseptic technique" and what constitutes a "body piercing." This matters because it helps establish clear guidelines for health and safety standards within tattoo and body-piercing establishments, which ultimately protects clients from communicable diseases. By officially defining terms and responsibilities, the bill aims to improve regulation and oversight, ensuring public health is prioritized in these industries.

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*LRB09416427RAS51687b* HB4523 94TH GENERAL ASSEMBLY State of Illinois and 2006 HB4523 Introduced 1/11/2006, by Rep.
HB4523 Engrossed LRB094 16427 RAS 51687 b AN ACT concerning regulation.
Patricia R.
Bellock SYNOPSIS AS INTRODUCED:
New Act ILCS 105/5.663 new Creates the Tattoo and Body Piercing Establishment Registration Act.
Provides for the registration of tattoo and body piercing establishments by the Department of Public Health to ensure the health, safety, and welfare of the public, including the provision of a safe and adequate blood supply.
Sets forth provisions concerning registration, operating requirements, duties of the Department, and administrative procedures.
Amends the State Finance Act to create the Tattoo and Body Piercing Establishment Registration Fund.
LRB094 16427 RAS 51687 b CORRECTIONAL FISCAL NOTE ACT BUDGET AND MAY APPLY IMPACT NOTE ACT MAY APPLY A BILL FOR HB4523 LRB094 16427 RAS 51687 b AN ACT concerning regulation.
"Body Piercing" means penetrating the skin to make a hole, mark, or scar that is generally permanent in nature.
"Aseptic technique" means a practice that prevents and hinders the transmission of disease-producing microorganisms from one person or place to another.
"Body piercing" means penetrating the skin to make a hole, mark, or scar that is generally permanent in nature.
"Body piercing" does not include practices that are considered medical procedures or the puncturing of the outer perimeter or lobe of the ear using a pre-sterilized, single-use stud and clasp ear piercing system.
"Department" means the Department of Public Health or other health authority designated as its agent.
HB4523 Engrossed - 2 - LRB094 16427 RAS 51687 b "Department" means the Department of Public Health or other health authority designated as its agent.
HB4523 - 2 - LRB094 16427 RAS 51687 b "Ink cup" means a small container for an individual portion of pigment that may be installed in a holder or palette and in which a small amount of pigment of a given color is placed.
"Ink cup" means a small container for an individual portion of pigment that may be installed in a holder or palette and in which a small amount of pigment of a given color is placed.
"Procedure area" means the immediate area where instruments and supplies are placed during a procedure.
"Sanitation" means the effective bactericidal and veridical treatment of clean equipment surfaces by a process that effectively destroys pathogens.
"Sterilize" means to treat an object or surface with a procedure that kills or irreversibly inactivates all microorganisms, including bacteria, viruses, and pathogenic fungi and their spores.
"Sterilize" means to destroy all living organisms including spores.
(3) The use, by a physician licensed to practice medicine in all its branches, of colors, dyes, or pigments for the purpose of obscuring scar tissue or imparting color to the skin for cosmetic, medical, or figurative purposes.
(3) The use, by a physician licensed to practice medicine in all its branches, of colors, dyes, or pigments HB4523 Engrossed - 3 - LRB094 16427 RAS 51687 b for the purpose of obscuring scar tissue or imparting color to the skin for cosmetic, medical, or figurative purposes.
The owner of the facility shall file an application for a certificate of registration with the Department that shall be accompanied by the requisite fee, as determined by the Department, and include all of the following HB4523 - 3 - LRB094 16427 RAS 51687 b information:
The owner of the facility shall file an application for a certificate of registration with the Department that shall be accompanied by the requisite fee, as determined by the Department, and include all of the following information:
Temporary registration.
A temporary certificate of registration may be issued by the Department for educational, trade show, or product demonstration purposes only.
The temporary certificate of registration shall be valid for a maximum of 14 calendar days.
Section 25.
(1) An establishment must use single use disposable needles on each client, or, if the same needle is used on more than one client, then the needles used must undergo sterilization procedures established by the Department after each use.
(1) An establishment must ensure that all body piercing HB4523 Engrossed - 4 - LRB094 16427 RAS 51687 b and tattooing procedures are performed in a clean and sanitary environment that is consistent with sanitation techniques established by the Department.
(2) Single use ink must be used for tattoos.
(2) An establishment must ensure that all body piercing and tattooing procedures are performed in a manner that is consistent with an aseptic technique established by the Department.
(3) Any additional requirements established by the Department.
(3) An establishment must ensure that all equipment and instruments used in body piercing and tattooing procedures are either single use and pre-packaged instruments or in compliance with sterilization techniques established by the Department.
Section 25.
(4) An establishment must ensure that single use ink is used in all tattooing procedures.
Section 27.
Prohibitions.
Body piercing procedures must not be performed, without medical clearance, on skin surfaces where sunburn, rash, acne, infection, open lesions, or other questionable skin lesions exist and must not be performed on any person who is impaired by drugs or alcohol.
Section 30.
(b) Once a certificate of registration is issued, the Department shall periodically inspect each establishment registered under this Act to ensure compliance.
(b) Once a certificate of registration is issued, the Department may periodically inspect each establishment registered under this Act to ensure compliance.
HB4523 - 4 - LRB094 16427 RAS 51687 b (c) The Department shall adopt any rules deemed necessary for the implementation and administration of this Act.
(c) The Department shall adopt any rules deemed necessary for the implementation and administration of this Act.
Section 30.
Section 35.
(a) A certificate of registration issued under this Act shall expire and may be renewed every 2 years.
(a) A certificate of registration issued under this Act shall expire and may be renewed annually.
(b) Registration is valid for a single location and only for the operator named on the certificate.
HB4523 Engrossed - 5 - LRB094 16427 RAS 51687 b (b) Registration is valid for a single location and only for the operator named on the certificate.
Section 35.
Section 40.
Section 40.
Section 45.
Revocation of a certificate of registration during the previous 5 years or surrender or expiration of the certificate of registration during the pendency of action by the Department to revoke or suspend the certificate of registration during the HB4523 - 5 - LRB094 16427 RAS 51687 b previous 5 years, if before the certificate of registration was issued to the individual applicant, a controlling owner or controlling combination of owners of the applicant, or any affiliate of the individual applicant or controlling owner of the applicant or affiliate of the applicant, was a controlling owner of the prior certificate of registration.
Revocation of a certificate of registration during the previous 5 years or surrender or expiration of the certificate of registration during the pendency of action by the Department to revoke or suspend the certificate of registration during the previous 5 years, if before the certificate of registration was issued to the individual applicant, a controlling owner or controlling combination of owners of the applicant, or any affiliate of the individual applicant or controlling owner of the applicant or affiliate of the applicant, was a controlling owner of the prior certificate of registration.
Section 45.
HB4523 Engrossed - 6 - LRB094 16427 RAS 51687 b Section 50.
(b) In the administration and enforcement of this Act the Department may designate and use full-time municipal, district, county, or multi-county health departments as its agents in the administration and enforcement of this Act and rules.
(b) In the administration and enforcement of this Act, the Department may designate and use State-certified, local public health departments as its agents in the administration and enforcement of this Act and rules.
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Section 50.
(c) The Department shall issue grants to State-certified, local public health departments acting as agents of the Department based on 75% of the total fees and fines collected in the jurisdiction of the State-certified, local public health department for the enforcement and administration of this Act.
(d) The Department or a State-certified, local public health department acting as an agent of the Department in the administration and enforcement of this Act may use the local administrative review process of the State-certified, local public health department to resolve disputes.
Section 55.
Failure to request a hearing within 10 days shall constitute a waiver of the right to a hearing.
Failure to request a hearing HB4523 Engrossed - 7 - LRB094 16427 RAS 51687 b within 10 days shall constitute a waiver of the right to a hearing.
HB4523 - 6 - LRB094 16427 RAS 51687 b Section 55.
Section 60.
Section 60.
Section 65.
The Director or hearing officer shall make findings of fact and conclusions of law in a hearing, and the Director shall render his or her decision, or the hearing officer his or her proposal for decision within 45 days after the termination of the hearing unless additional time is required by the Director or hearing officer for a proper disposition of the matter.
The Director or hearing officer shall make findings of fact and conclusions of law in a hearing, and the Director shall render his or her decision, or the hearing officer his or her proposal for decision within 45 days after the termination of the hearing unless additional time is required by the Director or HB4523 Engrossed - 8 - LRB094 16427 RAS 51687 b hearing officer for a proper disposition of the matter.
A copy of the final decision of the Director shall be served upon the HB4523 - 7 - LRB094 16427 RAS 51687 b applicant or registrant in person or by certified mail.
A copy of the final decision of the Director shall be served upon the applicant or registrant in person or by certified mail.
Section 65.
Section 70.
Section 70.
Section 75.
Section 75.
Section 80.
The Department is authorized to establish and assess penalties or fines against a registrant for violations of this Act or regulations adopted under this Act.
The Department is authorized to establish and assess penalties or fines against a registrant HB4523 Engrossed - 9 - LRB094 16427 RAS 51687 b for violations of this Act or regulations adopted under this Act.
In no circumstance will any penalties or fines exceed HB4523 - 8 - LRB094 16427 RAS 51687 b $1,000 per day for each day the registrant remains in violation.
In no circumstance will any penalties or fines exceed $1,000 per day for each day the registrant remains in violation.
Section 80.
Section 85.
(c) The Attorney General of this State or the States Attorney of the county wherein the nuisance exists may commence an action to abate the nuisance.
(c) The Attorney General of this State or the State’s Attorney of the county wherein the nuisance exists may commence an action to abate the nuisance.
Section 85.
Section 90.
All fees and fines collected by the Department under this Act and any agreement for the implementation of this Act and rules under Section 40(b) and any federal funds collected pursuant to the administration of this Act shall be deposited into the Fund.
All fees and fines collected by the Department under this Act and any agreement for the implementation of this Act and rules under this Act and any federal funds collected pursuant to the administration of this Act shall be deposited into the Fund.
Section 90.
Section 905.
The State Finance Act is amended by adding Section 5.663 as follows:
The State Finance Act is amended by adding Section 5.663 and by changing Section 8h as follows:
(30 ILCS 105/5.663 new) Sec.
(30 ILCS 105/5.663 new) HB4523 Engrossed - 10 - LRB094 16427 RAS 51687 b Sec.
The Tattoo and Body Piercing Establishment HB4523 - 9 - LRB094 16427 RAS 51687 b Registration Fund.
The Tattoo and Body Piercing Establishment Registration Fund.
(30 ILCS 105/8h) Sec.
8h.
Transfers to General Revenue Fund.
(a) Except as provided in subsection (b), notwithstanding any other State law to the contrary, the Governor may, through June 30, 2007, from time to time direct the State Treasurer and Comptroller to transfer a specified sum from any fund held by the State Treasurer to the General Revenue Fund in order to help defray the State’s operating costs for the fiscal year.
The total transfer under this Section from any fund in any fiscal year shall not exceed the lesser of (i) 8% of the revenues to be deposited into the fund during that fiscal year or (ii) an amount that leaves a remaining fund balance of 25% of the July 1 fund balance of that fiscal year.
In fiscal year 2005 only, prior to calculating the July 1, 2004 final balances, the Governor may calculate and direct the State Treasurer with the Comptroller to transfer additional amounts determined by applying the formula authorized in Public Act 93-839 to the funds balances on July 1, 2003.
No transfer may be made from a fund under this Section that would have the effect of reducing the available balance in the fund to an amount less than the amount remaining unexpended and unreserved from the total appropriation from that fund estimated to be expended for that fiscal year.
This Section does not apply to any funds that are restricted by federal law to a specific use, to any funds in the Motor Fuel Tax Fund, the Intercity Passenger Rail Fund, the Hospital Provider Fund, the Medicaid Provider Relief Fund, the Teacher Health Insurance Security Fund, the Reviewing Court Alternative Dispute Resolution Fund, or the Voters’ Guide Fund, the Foreign Language Interpreter Fund, the Lawyers’ Assistance Program Fund, the Supreme Court Federal Projects Fund, the Supreme Court Special State Projects Fund, or the Low-Level Radioactive Waste Facility Development and Operation Fund, or the Hospital Basic Services Preservation HB4523 Engrossed - 11 - LRB094 16427 RAS 51687 b Fund, or the Tattoo and Body Piercing Establishment Registration Fund, or to any funds to which subsection (f) of Section 20-40 of the Nursing and Advanced Practice Nursing Act applies.
No transfers may be made under this Section from the Pet Population Control Fund.
Notwithstanding any other provision of this Section, for fiscal year 2004, the total transfer under this Section from the Road Fund or the State Construction Account Fund shall not exceed the lesser of (i) 5% of the revenues to be deposited into the fund during that fiscal year or (ii) 25% of the beginning balance in the fund.
For fiscal year 2005 through fiscal year 2007, no amounts may be transferred under this Section from the Road Fund, the State Construction Account Fund, the Criminal Justice Information Systems Trust Fund, the Wireless Service Emergency Fund, or the Mandatory Arbitration Fund.
In determining the available balance in a fund, the Governor may include receipts, transfers into the fund, and other resources anticipated to be available in the fund in that fiscal year.
The State Treasurer and Comptroller shall transfer the amounts designated under this Section as soon as may be practicable after receiving the direction to transfer from the Governor.
(b) This Section does not apply to:
(i) the Ticket For The Cure Fund;
(ii) or to any fund established under the Community Senior Services and Resources Act;
or (iii) (ii) on or after January 1, 2006 (the effective date of Public Act 94-511) this amendatory Act of the 94th General Assembly, the Child Labor and Day and Temporary Labor Enforcement Fund.
(c) This Section does not apply to the Demutualization Trust Fund established under the Uniform Disposition of Unclaimed Property Act.
(d) (c) This Section does not apply to moneys set aside in the Illinois State Podiatric Disciplinary Fund for podiatric scholarships and residency programs under the Podiatric Scholarship and Residency Act.
HB4523 Engrossed - 12 - LRB094 16427 RAS 51687 b (Source:
P.A.
93-32, eff.
6-20-03;
93-659, eff.
2-3-04;
93-674, eff.
6-10-04;
93-714, eff.
7-12-04;
93-801, eff.
7-22-04;
93-839, eff.
7-30-04;
93-1054, eff.
11-18-04;
93-1067, eff.
1-15-05;
94-91, eff.
7-1-05;
94-120, eff.
7-6-05;
94-511, eff.
1-1-06;
94-535, eff.
8-10-05;
94-639, eff.
8-22-05;
94-645, eff.
8-22-05;
94-648, eff.
1-1-06;
94-686, eff.
11-2-05;
94-691, eff.
11-2-05;
94-726, eff.
1-20-06;
revised 1-23-06.)
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Action History

  1. Session Sine Die

  2. Added as Alternate Chief Co-Sponsor Sen. Kirk W. Dillard

  3. Added as Alternate Co-Sponsor Sen. William R. Haine

  4. Referred to Rules

  5. First Reading

  6. Alternate Chief Sponsor Changed to Sen. Edward D. Maloney

  7. Sponsor Removed Sen. Edward D. Maloney

  8. Added as Alternate Chief Co-Sponsor Sen. Edward D. Maloney

  9. Chief Senate Sponsor Sen. Pamela J. Althoff

  10. Placed on Calendar Order of First Reading March 7, 2006

  11. Arrive in Senate

  12. Added Co-Sponsor Rep. Donald L. Moffitt

  13. Third Reading - Short Debate - Passed 116-001-000

  14. Placed on Calendar Order of 3rd Reading - Short Debate

  15. House Floor Amendment No. 2 Adopted by Voice Vote

  16. House Floor Amendment No. 2 Recommends Be Adopted Registration and Regulation Committee; 016-000-000

  17. Held on Calendar Order of Second Reading - Short Debate

  18. Second Reading - Short Debate

  19. House Floor Amendment No. 2 Rules Refers to Registration and Regulation Committee

  20. House Floor Amendment No. 2 Referred to Rules Committee

  21. House Floor Amendment No. 2 Filed with Clerk by Rep. Patricia R. Bellock

  22. Placed on Calendar 2nd Reading - Short Debate

  23. Do Pass as Amended / Short Debate Registration and Regulation Committee; 016-001-001

  24. House Committee Amendment No. 1 Adopted in Registration and Regulation Committee; by Voice Vote

  25. House Committee Amendment No. 1 Filed with Clerk by Registration and Regulation Committee

  26. Added Co-Sponsor Rep. Robert W. Pritchard

  27. Assigned to Registration and Regulation Committee

  28. Added Chief Co-Sponsor Rep. Paul D. Froehlich

  29. Added Chief Co-Sponsor Rep. Sidney H. Mathias

  30. Referred to Rules Committee

  31. First Reading

  32. Added Chief Co-Sponsor Rep. Michael Tryon

  33. Added Chief Co-Sponsor Rep. Elizabeth Coulson

  34. Filed with the Clerk by Rep. Patricia R. Bellock

Sponsors

  • Patricia R. Bellock · Cosponsor
  • William R. Haine · Cosponsor

Sponsorship breakdown

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0 sponsors · 2 co-sponsors · 181 not signed on · 1 voted No

Sponsors (0)

None.

Co-sponsors (2)

  • Patricia R. Bellock
  • William R. Haine

Not signed on (181)

181 members have not signed on to this bill.

Show all 181 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 116 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 105001
Democrat 9000
Republican 2100
Total 116101
% of votes cast 98%1%0%1%
How each member voted (118)
Member Party Vote
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Schock — Yea
Lindner — Yea
Acevedo — Yea
Bassi — Yea
Mathias — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Colvin — Yea
Coulson — Yea
Molaro — Yea
Hamos — Yea
Myers — Yea
Holbrook — Yea
Jefferson — Yea
Jenisch — Yea
Krause — Yea
Lang — Yea
Leitch — Yea
McAuliffe — Yea
McCarthy — Yea
McKeon — Yea
Mendoza — Yea
Reitz — Yea
Lyons, Joseph — Yea
Meyer — Yea
Scully — Yea
Sommer — Yea
Soto — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Brady — Yea
Mitchell, Bill — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Durkin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Giles — Yea
Golar — Yea
Gordon — Yea
Graham — Yea
Burke — Yea
Mitchell, Jerry — Yea
Madigan — Yea
Sullivan — Yea
Hannig — Yea
Moffitt — Yea
Mulligan — Yea
Munson — Yea
Nekritz — Yea
Osmond — Yea
Parke — Yea
Howard — Yea
Phelps — Yea
Pihos — Yea
Tenhouse — Yea
Tryon — Yea
Watson — Yea
Turner — Yea
Verschoore — Yea
Jones — Yea
Wait — Yea
Davis, Monique — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Younge — Yea
Chavez — Yea
Churchill — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Daniels — Yea
Granberg — Yea
Hassert — Yea
Hultgren — Yea
Jakobsson — Yea
Kosel — Yea
Osterman — Yea
Patterson — Not Voting
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reis — Yea
Ryg — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Nay
Chris Miller Republican Yea

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Subjects

public-safety health-insurance
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Frequently asked questions

What does HB 4523 do?
Creates the Tattoo and Body Piercing Establishment Registration Act. Provides for the registration of tattoo and body piercing establishments by the Department of Public Health to ensure the health, safety, and welfare of the public, including the provision of a safe and adequate blood supply. Sets forth provisions concerning registration, operating requirements, duties of the Department, and administrative procedures. Amends the State Finance Act to create the Tattoo and Body Piercing Establishment Registration Fund.
Who sponsors HB 4523?
HB 4523 is sponsored by Patricia R. Bellock and William R. Haine.
What is the current status of HB 4523?
This bill died with 94th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 4523?
Track HB 4523 free on One Click Politics — get push/email alerts when it moves.

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