S2917A-2011 Actions

• Jun 18, 2012: SUBSTITUTED BY A1074B
• Jun 11, 2012: AMENDED ON THIRD READING (T) 2917A
• Feb 7, 2012: ADVANCED TO THIRD READING
• Feb 6, 2012: 2ND REPORT CAL.
• Jan 31, 2012: 1ST REPORT CAL.162
• Jan 4, 2012: REFERRED TO HEALTH
• Jun 24, 2011: COMMITTED TO RULES
• Feb 28, 2011: ADVANCED TO THIRD READING
• Feb 15, 2011: 2ND REPORT CAL.
• Feb 14, 2011: 1ST REPORT CAL.85
• Feb 3, 2011: REFERRED TO HEALTH

S2917A-2011 Calendars

S2917A-2011 Votes

S2917A-2011 Memo

BILL NUMBER:S2917A

TITLE OF BILL:
An act
to amend the public health law, in relation to the use of ultraviolet
radiation devices by persons sixteen years of age and under

PURPOSE:
To prohibit children sixteen years of age and under from
using an ultraviolet radiation device

SUMMARY OF PROVISIONS:
This bill amends Subdivision 4 of section 3555
of the public health law, as added by chapter 573 of the laws of
2006, to prohibit a person sixteen years of age and under from using
an ultraviolet radiation device.

JUSTIFICATION:
Skin cancer is the most common form of cancer in the
United States. According to the American Cancer Society, the number
of melanomas diagnosed in the U.S has doubled since 1973, and more
than one million cases of non-melanoma cell cancers were expected in
2009. Because the harmful effects of UV exposure accumulate over time,
indoor tanning devices pose a greater risk for children and teens by
boosting overall lifetime exposure. Current law allows children
between the ages of fourteen and eighteen to use indoor tanning
facilities, with the written permission of a parent or guardian.
Current law does not adequately protect the youth from the
potentially deadly health risk associated with indoor tanning. In
order to provide effective enforcement, this bill seeks to prohibit
the use of indoor tanning devices by anyone sixteen years of age and
under.

LEGISLATIVE HISTORY:
2010: A.9110A - Referred to Rules S.3461A - Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
30 days after it shall have become a  law.

S2917A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 2917--A
 Cal. No. 162
 2011-2012 Regular Sessions
 I N  SENATE
 February 3, 2011
 
 Introduced  by  Sens.  FUSCHILLO, ADAMS, ADDABBO, BONACIC, DILAN, DUANE,
 GOLDEN, HANNON, HASSELL-THOMPSON, JOHNSON, KENNEDY,  KRUEGER,  LARKIN,
 LAVALLE, LIBOUS, MARTINS, OPPENHEIMER, PARKER, PERKINS, RITCHIE, SQUA
 DRON,  STAVISKY,  STEWART-COUSINS,  VALESKY  -- read twice and ordered
 printed, and when printed to be committed to the Committee  on  Health
 --  recommitted  to  the Committee on Health in accordance with Senate
 Rule 6, sec. 8 -- reported favorably from said committee,  ordered  to
 first  and  second  report,  ordered  to  a third reading, amended and
 ordered reprinted, retaining its place in the order of third reading
 

AN ACT to amend the public health law, in relation to the use of  ultra
 violet radiation devices by persons sixteen years of age and under
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.

Section 3555 of the public health law, as added by  chapter
 573 of the laws of 2006, is amended to read as follows:

 

S  3555.  Restrictions on the use of ultraviolet radiation devices. 1.
 No owner, operator, or employee of a tanning facility shall  permit  the
 use  of  the tanning facility by a person eighteen years of age or older
 until such person provides a  driver's  license  or  other  photographic
 identification  card issued by a government entity or educational insti
 tution indicating that the individual is at least eighteen years of  age
 and  the  facility  has  on  file  a signed written statement, in a form
 prescribed by the commissioner, acknowledging that such person has  read
 the  warnings  required  under  subdivision  two  of section thirty-five
 hundred fifty-four of this article and agrees  to  wear  safety  goggles
 before  using  an ultraviolet radiation device. Such signed statement of
 acknowledgment may be retained by  the  tanning  facility  off  premises
 provided  that  an  electronic image or facsimile of the original signed
 statement of acknowledgment is readily available by the owner or employ
 ee responsible for the operation of the ultraviolet radiation device  of
 such facility.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04206-10-2
 
       S. 2917--A                          2
 2.  No owner, operator, or employee of a tanning facility shall permit
 the use of an ultraviolet radiation device by a person [fourteen] SEVEN
 TEEN to eighteen years of age until such  person  provides  the  tanning
 facility  with  the written consent, in a form prescribed by the commis
 sioner,  of a parent or legal guardian to use such tanning facility. The
 parent or legal guardian shall sign such consent form in the presence of
 the owner of the tanning facility or an  employee  responsible  for  the
 operation  of the ultraviolet radiation device of such facility indicat
 ing that such parent or guardian has read the  warnings  required  under
 subdivision  two of section thirty-five hundred fifty-four of this arti
 cle and that the person [fourteen] SEVENTEEN to eighteen  years  of  age
 agrees  to  wear  safety  goggles  before using an ultraviolet radiation
 device. Such original written consent shall be retained by  the  tanning
 facility  for a period of twelve months and may be retained off premises
 provided that an electronic image or facsimile of  the  original  signed
 consent  form  is readily available by the owner or employee responsible
 for the operation of the ultraviolet radiation device of such facility.
 3. A written consent form signed by a parent or legal guardian  pursu
 ant  to  subdivision two of this section shall expire twelve months from
 the date it is signed by the parent or legal guardian. Upon the  expira
 tion  of a written consent form, a new written consent shall be provided
 in the manner prescribed in subdivision two of this section prior to the
 use of an ultraviolet radiation device by any person  [fourteen]  SEVEN
 TEEN to eighteen years of age.
 4.  No owner, operator, or employee of a tanning facility shall permit
 the use of an ultraviolet radiation device by persons SIXTEEN  YEARS  OF
 AGE AND under [fourteen years of age].
 [5.] 3. This section shall be exclusive and shall preempt any contrary
 local  law  or  ordinance, except that this section shall not preempt or
 supersede  local  laws  or  ordinances  imposing   additional   stricter
 restrictions  on  the use and operation of ultraviolet radiation devices
 at tanning facilities which are in effect prior to the effective date of
 this section.
 

S 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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