HOUSE BILL No. 4205

 

 

February 19, 2019, Introduced by Reps. Vaupel, Brixie, Crawford, Coleman and Yaroch and referred to the Committee on Regulatory Reform.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 13405 (MCL 333.13405), as added by 2008 PA 368.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 13405. (1) Before allowing a customer to use a tanning

 

device, the owner or operator of any tanning facility shall require

 

the customer to sign a written statement acknowledging that the

 

customer has read and understood the written statement required

 

under section 13403(1) and agrees to use protective eyewear. The

 

owner or operator of the tanning facility shall do all of the

 

following:

 

     (a) Require a customer to sign the statement at least once in

 

a 1-year period.

 

     (b) Retain the written statement for not less than 1 year.

 

     (c) Make the written statement available for inspection upon

 

request of a law enforcement officer.

 

     (2) In the case of a customer under 18 years of age, the

 

written statement described in subsection (1) shall also be signed

 

by the customer's parent or legal guardian while the parent or

 

legal guardian is physically present at the tanning facility and

 

shall be signed in the presence of the owner or operator.The owner

 

or operator of a tanning facility shall not allow a minor to use a

 

tanning device.

 

     (3) An owner or operator of a tanning facility that violates

 

subsection (2) is guilty of a misdemeanor punishable by a fine of

 

not more than $150.00 for each violation. Proof that the owner, the

 

operator, or an employee of the tanning facility demanded and was

 

shown a driver license or identification card issued by this or

 

another state, a military identification card, a passport, or other

 

government-issued identification that contains the name, age, and a

 

photograph of the individual, and proof that the identification

 

indicated that the individual was not a minor, is a defense to an

 

action for a violation of subsection (2).

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.