As used in this part 10, unless the context otherwise requires:
(1) Artificial tanning device means any equipment that emits ultraviolet radiation with wavelengths in the air between two hundred and four hundred nanometers and that is used for the tanning of human skin, including, but not limited to, sunlamps, tanning beds, and tanning booths. Artificial tanning device does not include phototherapy devices.
(2) Board means the state board of health.
(3) Department means the department of public health and environment.
(4) Fund means the artificial tanning device education fund created in section 25-5-1004.
(5) Phototherapy device means a piece of equipment that emits ultraviolet radiation and that is used by or under the supervision of a licensed health-care professional in the treatment of disease.
(6) Tanning facility means any location, premises, place, area, structure, or business, whether permanent or mobile, which provides persons access to artificial tanning devices.
(7) Ultraviolet radiation means electromagnetic radiation with wavelengths in the air between two hundred and four hundred nanometers.
Source: L. 92: Entire part added, p. 1285, � 1, effective July 1. L. 94: (3) amended, p. 2779, � 489, effective July 1.
Cross references: For the legislative declaration contained in the 1994 act amending subsection (3), see section 1 of chapter 345, Session Laws of Colorado 1994.
25-5-1004. Registration required - fee - artificial tanning device education fund - creation. (1) Commencing January 1, 1993, and on each January 1 thereafter, the owner of any artificial tanning facility which makes artificial tanning devices available for public use shall register said facility with the department.
(2) (a) The registration of each artificial tanning facility as required in subsection (1) of this section shall be accompanied by an annual registration fee for each artificial tanning facility in the amount of one hundred twenty dollars for each calendar year. The annual registration fee shall be prorated on a monthly basis for any initial registration received after January 1 of any year.
(b) Notwithstanding the amount specified for the fee in paragraph (a) of this subsection (2), the board by rule or as otherwise provided by law may reduce the amount of the fee if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of the fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the board by rule or as otherwise provided by law may increase the amount of the fee as provided in section 24-75-402 (4), C.R.S.
(3) All fees shall be collected by the department and transmitted to the state treasurer, who shall credit the same to the artificial tanning device education fund, which fund is hereby created. The fund shall be comprised of the annual registration fees. In accordance with section 24-36-114, C.R.S., all interest derived from the deposit and investment of moneys in the fund shall be credited to the general fund. At the end of any fiscal year, all unexpended and unencumbered moneys in the fund shall remain therein and shall not be credited or transferred to the general fund or any other fund. The moneys in the fund shall be annually appropriated by the general assembly to the department for the direct and indirect costs of the administration and implementation of the provisions of this part 10.
Source: L. 92: Entire part added, p. 1285, � 1, effective July 1. L. 98: (2) amended, p. 1334, � 47, effective June 1.