Tanning salons-minors.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0433

HOUSE BILL
NO.
HB0178

Tanning salons-minors.

Sponsored by:
Representative(s) Millin, Carson, Harvey and Pedersen and Senator(s) Scott

A BILL

for

AN ACT relating to
ultraviolet tanning devices; prohibiting
allowing
the use of ultraviolet tanning devices by minors under f
if
teen
(1
5
)
years of age
as specified
; requiring parental consent for use of ultraviolet tanning devices by minors between f
if
teen
(1
5
)
and eighteen
(18)
years of age; providing a definition; providing
criminal
penalties;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 14
‑
3
‑
108 is created to read:

14
‑
3
‑
10
8
.

U
se of
ultraviolet tanning devices
by
persons who have not reached the age of
majority;
consent required;
penalties
.

(a)

No person
other than the minor's parent or legal guardian
shall knowingly
allow
a
minor
who has not reached
fifteen (15) years of age to use an ultraviolet tanning device, either alone or in the presence of another individual. No person shall knowingly allow a minor age fifteen (15) years to the age of majority to use an ultraviolet tanning device, except with written consent obtained from
the
minor
's parent or legal guardian who is present at the time
of
the
use of the ultraviolet tanning device
.
The parent or guardian shall not be required to be in the tanning room or booth with the minor.

Any
person
other than the minor's parent or legal guardian

allowing the use of an ultraviolet tanning device by a minor
shall demand proof of age prior to
allowing the use of an ultraviolet tanning device
.

A motor vehicle driver's license, a registration card issued under the federal Selective Service Act, an identification card issued to a member of the armed forces, a valid United States passport, a tribal identification card issued by the governing body of the Eastern Shoshone tribe of Wyoming or the Northern Arapahoe tribe of Wyoming or an identification card issued by the department of transportation is prima facie evidence of the age and identity
under this section
. Proof that the person
allowing the use of the ultraviolet tanning device
demanded, was shown and acted in reasonable reliance upon the information contained in any one (1) of the above documents as identification and proof of age is a defense to any criminal prosecution under this section.

(b)

Any person violating this section is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

(
c
)

As used in this
section,
"
u
ltraviolet tanning device" means equipment that emits

electromagnetic radiation with wavelengths in the air between
two hundred (
200
)
and

four hundred (
400
)
nanometers used for tanning of the skin, including, but not

limited to, a sunlamp, tanning booth or tanning bed
but does not include
equipment that emits ultraviolet

radiation used by a health care professional in the treatment of

disease
or used pursuant to a prescription
.

Section
2
.

This act is effective July 1, 200
9
.

(END)

1
HB0178