HOUSE BILL No. 6450
October 17, 2018, Introduced by Rep. Vaupel 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.