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HOUSE BILL No. 1115

Citations Affected: IC 24-4-18.

Synopsis: Spray tanning. Requires that a minor must have a signed, written statement by a parent or guardian before spray tanning may be applied to the minor. Requires that when a minor is having the spray tanning applied while fully or partially nude that: (1) a parent or guardian must be on site; and (2) the spray tanning operator must be the same gender as the minor. Establishes penalties for violations.

Effective: July 1, 2012.

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Borders

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    January 9, 2012, read first time and referred to Committee on Commerce, Small Business and Economic Development.

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PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2011 Regular Session of the General Assembly.

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    A BILL FOR AN ACT to amend the Indiana Code concerning trade regulation.

SOURCE: IC 24-4-18; (12)IN1115.1.1. -->     SECTION 1. IC 24-4-18 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]:
     Chapter 18. Spray Tanning Facilities
    Sec. 1. This chapter applies to an owner, operator, or employee of a spray tanning business who applies spray tanning to another individual.
    Sec. 2. As used in this chapter, "minor" means a person who is less than eighteen (18) years of age.
    Sec. 3. As used in this chapter, "spray tanning" means applying chemicals or dyes to the skin of an individual to produce an effect similar in appearance to a suntan.
    Sec. 4. (a) Spray tanning may not be applied to a minor unless the parent or guardian of the minor has signed a written permission statement in the presence of the owner, operator, or employee of the spray tanning business.
    (b) If spray tanning is applied to a minor who has fully or

partially exposed the:
        (1) male or female genitals;
        (2) pubic area;
        (3) buttocks; or
        (4) female breast;
the minor must have a parent or guardian present at the spray tanning facility when the spray tanning is applied to the minor.
    (c) If spray tanning is applied to a minor who has fully or partially exposed the:
        (1) male or female genitals;
        (2) pubic area;
        (3) buttocks; or
        (4) female breast;
the individual who is applying the spray tanning must be of the same gender as the minor who is being spray tanned.
    Sec. 5. An individual who violates this chapter commits a Class C infraction for a first violation or a Class B infraction for a second or subsequent unrelated violation.