SENATE BILL NO. 21
INTRODUCED BY R. WEBB
A BILL FOR AN ACT ENTITLED: "AN ACT PROHIBITING THE USE OF TANNING DEVICES BY A PERSON UNDER 18 YEARS OF AGE; PROVIDING DEFINITIONS; PROVIDING A PENALTY; AMENDING SECTION 45-5-623, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."
WHEREAS, the incidence of melanoma, the most deadly form of skin cancer, has continued to increase in the United States and worldwide over the last 4 decades, and approximately 2.1% of men and women will be diagnosed with melanoma at some point in their lives; and
WHEREAS, the United States Department of Health and Human Services and the World Health Organization International Agency for Research on Cancer have declared that ultraviolet radiation from the sun and from artificial sources, such as tanning beds and sunlamps, is a known cancer-causing agent, and the American Academy of Dermatology supports the World Health Organization recommendation that minors should not use indoor tanning devices because overexposure to ultraviolet radiation can lead to the development of skin cancer; and
WHEREAS, approximately 1.6 million teenagers use artificial tanning devices each year; and
WHEREAS, one in nine high school girls has used a tanning device, and the number increases to nearly one in six by a girl's senior year of high school; and
WHEREAS, the risk of melanoma increases with the number of total hours, sessions, and years that indoor tanning devices are used; and
WHEREAS, the risk of melanoma is increased by 59% for individuals who started using tanning beds before the age of 35, and the use of tanning beds is associated with a sixfold increase in the risk of melanoma among women younger than 30 years of age; and
WHEREAS, it is in the public interest to protect minors from the harmful effects of ultraviolet radiation through the use of artificial tanning devices by restricting minors' access to those devices.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Definitions. For purposes of [sections 1 and 2], the following definitions apply:
(1) "Minor" means a person who is under 18 years of age.
(2) "Operator" means a person designated by the owner of a tanning facility or the lessee of a tanning device to operate or to assist and instruct in the operation and use of the tanning facility or tanning device.
(3) "Phototherapy device" means equipment that emits ultraviolet radiation and is used in diagnosing or treating disease.
(4) (a) "Tanning device" means equipment that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers used for the tanning of the skin, including:
(i) a sunlamp; and
(ii) a tanning booth or bed.
(b) The term does not include a phototherapy device used by a licensed physician or licensed advanced practice registered nurse.
(5) "Tanning facility" means a location, place, area, structure, or business, including a tanning salon, health club, apartment, or condominium, that provides access to a tanning device, regardless of whether a fee is charged for access to the tanning device.
NEW SECTION. Section 2. Unlawful use of tanning device. (1) Except as provided in subsection (2), it is unlawful for an owner or operator of a tanning facility to allow a minor to use a tanning device.
(2) A licensed physician or licensed advanced practice registered nurse prescribing the use of a phototherapy device for a minor is not subject to the provisions of this section.
(3) A person who violates this section is guilty of the offense of unlawful transactions with children and is subject to the penalties provided in 45-5-623.
"45-5-623. Unlawful transactions with children. (1) Except as provided for in 16-6-305, a person commits the offense of unlawful transactions with children if the person knowingly does any of the following:
(a) sells or gives explosives to a child under the age of majority except as authorized under appropriate city ordinances;
(b) sells or gives intoxicating substances other than alcoholic beverages to a child under the age of majority;
(c) sells or gives an alcoholic beverage to a person under 21 years of age;
(d) being a junk dealer, pawnbroker, or secondhand dealer, receives or purchases goods from a child under the age of majority without authorization of the parent or guardian; or
(e) tattoos or provides a body piercing on a child under the age of majority without the explicit in-person consent of the child's parent or guardian. For purposes of this subsection (1)(e), "tattoo" and "body piercing" have the meaning provided in 50-48-102. Failure to adequately verify the identity of a parent or guardian is not an excuse for violation of this subsection (1)(e).
(f) provides the use of a tanning device at a tanning facility to a minor. For the purposes of this subsection (1)(f), "minor", "tanning device", and "tanning facility" have the meanings provided in [section 1]. Failure to adequately verify the age of a minor is not an excuse for violation of this subsection (1)(f).
(2) A person convicted of the offense of unlawful transactions with children shall be fined an amount not to exceed $500 or be imprisoned in the county jail for any a term not to exceed 6 months, or both. A person convicted of a second offense of unlawful transactions with children shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for any a term not to exceed 6 months, or both. (See compiler's comments for contingent termination of certain text.)"
NEW SECTION. Section 4. Codification instruction. [Sections 1 and 2] are intended to be codified as an integral part of Title 50, and the provisions of Title 50 apply to [sections 1 and 2].
NEW SECTION. Section 5. Effective date. [This act] is effective on passage and approval.
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Prepared by Montana Legislative Services