Senate Bill No. 488
(By Senators Stollings and Foster)
[Introduced March 6, 2009; referred to the Committee on the
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §16-43-1 and
§16-43-2, all relating to tanning facilities; definitions; and
consent required for minor using tanning device or facility.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §16-43-1 and §16-43-2,
all to read as follows:
ARTICLE 43. TANNING FACILITIES.
As used in this article:
(1) "Tanning device" means any equipment that emits radiation
used for tanning of the skin, such as a sun lamp, tanning booth or
tanning bed, and includes any accompanying equipment, such as
protective eyewear, timers and handrails.
(2) "Tanning facility" means any commercial location, place,
area, structure or business where a tanning device is used for a
fee, membership dues or other compensation.
§16-43-2. Consent required for minor using tanning device or
(a) Before any person who has reached his or her fourteenth
birthday and has not passed his or her eighteenth birthday uses a
tanning device, he or she shall give the tanning facility a
statement, signed by his or her parent or legal guardian, stating
that the parent or legal guardian has read and understood the
warnings given by the tanning facility and that they consent to the
minor's use of the tanning device and agree that the minor will use
protective eyewear. This parental consent is valid for one
(b) A person under the age of fourteen shall be accompanied by
a parent or legal guardian when using a tanning device.
(NOTE: The purpose of this bill is to require parental
consent for minors to use a tanning device.
This article is new; therefore, strike-throughs and
underscoring have been omitted.)