SENATE BILL 430

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Mary Jane M. Garcia

AN ACT

RELATING TO HEALTH; BANNING USE OF TANNING DEVICES BY INDIVIDUALS UNDER THE AGE OF EIGHTEEN; PROVIDING FOR PENALTIES; PROVIDING FOR RULEMAKING BY THE SECRETARY OF ENVIRONMENT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. TANNING DEVICES--PROHIBITION OF USE BY MINORS--PENALTIES--RULEMAKING.--

          A. A minor shall not use a tanning device.

          B. A person that owns or operates a tanning facility shall ensure that each customer who uses a tanning device in that tanning facility is not a minor. 

          C. A person that owns or operates a tanning facility that violates Subsection B of this section is guilty of a misdemeanor and shall be fined:

                (1) two hundred fifty dollars ($250) for the first offense;

                (2) five hundred dollars ($500) for the second offense; and

                (3) one thousand dollars ($1,000) for the third and all subsequent offenses.

          D. The secretary of environment shall promulgate any rules necessary to implement the provisions of this section.

          E. As used in this section:

                (1) "customer" means a member of the public who is provided access to a tanning facility in exchange for a fee or other compensation, or an individual who, in exchange for a fee or other compensation, is afforded use of a tanning facility as a condition or benefit of a membership or access agreement;

                (2) "minor" means an individual who is under eighteen years of age;

                (3) "operate" means to control operation of a tanning facility and instruct and assist a customer in the proper operation of a tanning device;

                (4) "tanning device" means equipment that emits radiation used for tanning the skin, including a sun lamp, tanning booth or tanning bed that emits electromagnetic radiation with wavelengths in the air between two hundred and four hundred nanometers. "Tanning device" includes any equipment accompanying or appurtenant to a sun lamp, tanning booth or tanning bed, including timers, ballasts, starters, lamps, reflectors, cooling fans, acrylics, comfort pillows and handrails; and

                (5) "tanning facility" means a place where customers have access to tanning devices.

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