FOR AN ACT ENTITLED, An Act to prohibit the use of tanning devices by minors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That chapter 26-10 be amended by adding thereto a NEW SECTION to read as follows:

    Terms used in this Act mean:

            (1)    "Tanning device," equipment that emits electromagnetic radiation having wavelengths in the air between two hundred and four hundred nanometers and that is used for tanning human skin. The term does not include a phototherapy device used by a physician licensed pursuant to chapter 36-4 that emits ultraviolet radiation and is used in treating disease;

            (2)    "Tanning facility," a place or business that provides persons access to a tanning device.
    Section 2. That chapter 26-10 be amended by adding thereto a NEW SECTION to read as follows:

    No person may permit a minor to use a tanning device at a tanning facility. A violation of

this section is a Class 2 misdemeanor.
    Section 3. That chapter 26-10 be amended by adding thereto a NEW SECTION to read as follows:

    Any person charged with a violation of section 2 of this Act may offer evidence, as a defense, that the person made a reasonable attempt to investigate the age of the person by examining an age-bearing identification document that would have appeared valid to a reasonable and prudent person or relied upon a consent document that would have appeared valid to a reasonable and prudent person.