Resolve, To Further Regulate the Use of Tanning Booths by Minors
Maine Legislature, Session 124, LD 0395
Committee Amendment CA_A_S227 (Senate)

COMMITTEE AMENDMENT" A-" to S.P. 137, L.D. 395, "Resolve, To Further 
Regulate the Use of Tanning Booths by Minors" 
Amend the resolve by striking out everything after the title and before the summary 
and inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the use of tanning facilities by minors presents a potentially serious public 
health issue; and 
Whereas, the adoption of rules regarding the use of tanning facilities by minors is 
necessary to protect minors from exposure to ultraviolet radiation prior to the coming 
summer season; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it 
Sec. 1. Amend the rules for the use of tanning equipment. Resolved: That 
the Department of Health and Human Services shall amend the rules for the use of 
tanning facilities by minors in Rule Chapter 223, Part T as provided in this section. Rules 
adopted pursuant to this section are routine technical rules as defined by the Maine 
Revised Statutes, Title 5, chapter 375, subchapter 2-A. The rules must: 
1. For minors under 14 years of age, prohibit the use of tanning devices; 
2. For minors 14 years of age and older: 
A. Require the tanning facility operator to confirm the identification of the minor and 
the minor's parent or legal guardian; 
B. Require the tanning facility to obtain the written consent of the minor's parent or 
legal guardian and written acknowledgement by the minor and the parent or legal 
COMMITTEE AMENDMENT 
COMMIITEE AMENDMENT·A "to S.P. 137, L.D. 395 
guardian that they have read and understood the information required to be disclosed 
by Rule Chapter 223, Part T, section 12, paragraph A, subparagraphs (1) and (3). 
Both written consent and written acknowledgement must be executed in the presence 
of the operator of the tanning facility; 
C. Limit the effect of the parent or legal guardian's written consent to one year and 
allow revocation of consent by the parent or legal guardian at any time; and 
D. Require the presence ofthe minor's parent or legal guardian for minors 14 and 15 
years of age. 
The department shall amend the rules to provide an increase in the licensing fees for 
tanning facilities to assist in covering the cost of regulation of the facilities; and be it 
further 
Sec. 2. Work group; report. Resolved: That the Department of Health and 
Human Services shaH convene a work group of representatives of operators of tanning 
facilities and representatives of a statewide consortium active in the prevention and 
treatment of skin cancer and other interested parties to examine existing rules, training 
requirements and compliance issues and funding methods and shaH report to the Joint 
Standing Committee on Health and Human Services by January 15, 2010. The 
department shall provide notification of the dates, times and locations of the meetings of 
the work group to members of the joint standing committee. The joint standing committee 
is authorized to submit legislation on the report to the Second Regular Session of the 
124th Legislature. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
S~y 
This amendment is the majority report of the committee and replaces the resolve. It 
adds emergency language and requires the Department of Health and Human Services to 
adopt rules regarding the use of tanning facilities by minors. It requires the department to 
convene a work group of interested parties and to report to the Joint Standing Committee 
on Health and Human Services by January 15, 2010. It authorizes the committee to 
submit legislation to the Second Regular Session of the 124th Legislature. 
FISCAL XOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Fiscal Detail and Notes 
Approved: 05/24/09 Mac=.. 
LD395 
LR44l(02) 
Resolve, To Further Regulate the Use of Tanning Booths by Minors 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Minor revenue increase - Other Special Revenue Funds 
Additional costs to the Department of Health and Human Services are expected to be minor and can be absorbed by 
the department utilizing existing budgeted resources. Additional revenue collected is also assumed to be minor. 
LR0441(02) - Fiscal Note - Page 1 of 1