HOUSE BILL NO. 4205

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

"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.

(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.