LRB-1434/1
GMM:jld:jf
2007 - 2008 LEGISLATURE
July 12, 2007 - Introduced by Representatives Vos, Albers, Hahn, Jeskewitz,
Kerkman, A. Ott, Petrowski, Turner, A. Williams and Ziegelbauer,
cosponsored by Senators Grothman and Kedzie. Referred to Committee on
Public Health.
AB453,1,3
1An Act to amend 48.57 (3p) (g) 3.; and
to create 948.71 of the statutes;
relating
2to: requiring informed consent by a child's parent or guardian for the child's ear
3piercing and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, body piercing, body piercers, and body-piercing
establishments are regulated by the Department of Health and Family Services
(DHFS). "Body piercing" is defined as perforating any human body part or human
tissue, except an ear, and placing a foreign object in the perforation in order to
prevent the perforation from closing. Current DHFS rules prohibit the body piercing
of persons under 16 years; the rules also prohibit the body piercing of persons aged
16 or 17 years unless an informed consent form is signed by the person's parent or
legal guardian in the presence of the owner or other person responsible for the
operation of the establishment.
This bill prohibits the owner or operator of an ear-piercing establishment from
piercing the ear of a child or permitting an employee or contractor of the ear-piercing
establishment to pierce the ear of a child, for compensation, unless an informed
consent for the piercing is signed by the child's parent or legal guardian in the
presence of the owner, operator, employee, or contractor who performs the ear
piercing.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB453, s. 1
1Section
1. 48.57 (3p) (g) 3. of the statutes is amended to read:
AB453,2,152
48.57
(3p) (g) 3. The person has been convicted of a violation of ch. 940, 944
, 3or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63
or, 948.70
,
4or 948.71, or of a violation of the law of any other state or federal law that would be
5a violation of ch. 940, 944
, or 948, other than a violation of s. 940.291, 940.34, 944.36,
6948.45, 948.63
or, 948.70
, or 948.71, if committed in this state, except that a county
7department or, in a county having a population of 500,000 or more, the department
8of health and family services may make payments to a person applying for payments
9under sub. (3m) and a person receiving payments under sub. (3m) may employ in a
10position in which the person would have regular contact with the child for whom
11those payments are being made or permit to be an adult resident a person who has
12been convicted of a violation of s. 944.30, 944.31
, or 944.33 or of a violation of the law
13of any other state or federal law that would be a violation of s. 944.30, 944.31
, or
14944.33 if committed in this state, if that violation occurred 20 years or more before
15the date of the investigation.
AB453, s. 2
16Section
2. 948.71 of the statutes is created to read:
AB453,2,18
17948.71 Ear piercing of a child; parental consent required. (1) In this
18section:
AB453,2,2019
(a) "Compensation" means direct or indirect payment, including the
20expectation of payment whether or not actually received.
AB453,3,2
1(b) "Ear piercing" means perforating the ear of another and placing a foreign
2object in the perforation in order to prevent the perforation from closing.
AB453,3,33
(c) "Ear-piercing establishment" means a business that performs ear piercing.
AB453,3,64
(d) "Indirect payment" includes payment for the purchase of an earring under
5an agreement in which the ear-piercing establishment includes a free ear piercing
6with the purchase.
AB453,3,13
7(2) No owner or operator of an ear-piercing establishment may pierce the ear
8of, attempt to pierce the ear of, or offer to pierce the ear of a child for compensation
9or permit an employee or contractor of the ear-piercing establishment to pierce the
10ear of, attempt to pierce the ear of, or offer to pierce the ear of a child for compensation
11unless an informed consent form for the child has been signed by the child's parent
12or guardian in the presence of the owner, operator, employee, or contractor who
13performs the ear piercing.
AB453,3,15
14(3) Any owner or operator of an ear-piercing establishment who violates sub.
15(2) is subject to a Class D forfeiture.
