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.




     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




     (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.