Tanning salons-minors.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0063

ENROLLED ACT NO. 36, HOUSE OF REPRESENTATIVES

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2010 BUDGET SESSION

AN ACT relating to ultraviolet tanning devices; prohibiting allowing the use of ultraviolet tanning devices by minors under fifteen (15) years of age
unless a parent or legal guardian is present
; requiring parental consent
as specified
for use of ultraviolet tanning devices by minors between fifteen (15) and eighteen
(18) years of age; providing
definition
s
; providing
a
criminal penalt
y
; 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
.

Use of ultraviolet tanning devices by
persons who have not reached the age of
majority;
presence required;
consent required; penalt
y
.

(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,
unless the minor's parent or legal guardian consents in writing to the use and is present the entire time of use.
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
.
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 a fine of not more than
two
hundred fifty dollars ($
2
50.00).

(c)

As used in this section:

(i)

"Consent" means that the parent or legal guardian appears at the first time the minor uses the ultraviolet tanning device and signs a written consent form in the presence of the owner or an employee of the facility. The minor's parent or legal guardian may withdraw this consent at any

time. Unless so withdrawn, this consent shall be valid for twelve (12) months from the date the written consent form is signed
. The parent or legal guardian must repeat the written consent process annually until the minor reaches the age of majority
;

(ii)

"Present" means being physically present at the facility at which the tanning device is being used, but does not require the presence in the tanning room or booth being used;

(i
i
i)

"Ultraviolet 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, 20
10
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1