House committee hears department-backed bill moving body-art rules into statute

Chairman Ruby opened the House Human Services Committee hearing on House Bill 1071, which would amend Section 23-01-35 of the North Dakota Century Code to place body‑art facility regulations directly in statute.

Julie Wiegandorf, food and lodging director with the Department of Health and Human Services, told the committee the department introduced the bill and that “the food and lodging unit is designated the lead agency to adopt rules to regulate body art facilities and any person that provides tattooing, body piercing, branding, subdermal implant, and scarification services.”

Wiegandorf said the bill moves definitions and procedural language that now exist in administrative code into the Century Code to improve transparency and reduce legal challenges. “These regulations are essential for ensuring that these facilities maintain sanitary practices, meet health standards, and operate safely to prevent the transmission of diseases, injuries, and other health risks to customers,” she said.

The bill replaces references to “permits” with “licenses” to align body‑art regulation with other entities overseen by the food and lodging unit and clarifies inspection, renewal, disciplinary and appeal procedures. Wiegandorf noted the penalty for operating without a license “remains a class B misdemeanor, which it previously was and has not changed.” She added the statute consolidates remedies currently described in administrative code — including denial or discipline of licenses and cease‑and‑desist authority — into statute to make enforcement clearer.

Committee members asked procedural and implementation questions. Representative Fegley asked whether a class B misdemeanor must be handled through the courts; Wiegandorf answered that such offenses would typically be prosecuted by the county state’s attorney. Representative Rohrer asked whether industry owners had been informed; Wiegandorf said the department had met with industry and that “there aren't any major changes to law that weren't already existing under administrative code.” Representative Freilich asked about the department’s denial authority; Wiegandorf said denials would follow existing procedures in Chapter 2832 and could include reapplication after coming into compliance.

Wiegandorf identified the relevant administrative code as North Dakota Administrative Code 33‑41. Committee members did not raise substantive opposition. The committee closed the hearing after no testimony in opposition was offered.

The measure is a statutory housekeeping and consolidation bill that transfers existing regulatory language from administrative code into Title 23 of the Century Code, retains the existing criminal penalty for unlicensed operation, and clarifies licensing and enforcement procedures for body‑art facilities.