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STATE OF NEW YORK
________________________________________________________________________

1074--B
Cal. No. 62

2011-2012 Regular Sessions

IN ASSEMBLY

(PREFILED)

January 5, 2011
___________

Introduced  by  M. of A. WEISENBERG, MILLMAN, CASTRO, JAFFEE, ROSENTHAL,
  GALEF, P. RIVERA, DINOWITZ, N. RIVERA, ROBERTS, LINARES -- Multi-Spon-
  sored by -- M. of A. ABINANTI, BOYLAND, CALHOUN, CAMARA, COOK, CRESPO,
  GIBSON, HEVESI, HOOPER, MAISEL, MALLIOTAKIS, MARKEY, McDONOUGH, McENE-
  NY, McKEVITT, MENG,  MONTESANO,  NOLAN,  SALADINO  --  read  once  and
  referred  to  the Committee on Health -- passed by Assembly and deliv-
  ered to the Senate, recalled from the Senate, vote reconsidered,  bill
  amended,  ordered reprinted, retaining its place on the order of third
  reading -- again amended on third reading, ordered reprinted,  retain-
  ing its place on 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04206-09-2
A. 1074--B                          2

ee  responsible for the operation of the ultraviolet radiation device of
such facility.
  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.