This bill has been amended

Bill S2917-2011

Provides that a tanning facility shall not permit the use of an ultraviolet radiation device by persons under eighteen years of age

Provides that a tanning facility shall not permit the use of an ultraviolet radiation device by persons sixteen years of age and under.

Details

Actions

  • 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

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Health - Feb 14, 2011
Ayes (14): Hannon, Ball, Farley, Fuschillo, Larkin, McDonald, Seward, Young, Adams, Gianaris, Montgomery, Rivera, Smith, Stewart-Cousins
Ayes W/R (2): Golden, Kruger
Excused (1): Duane
VOTE: COMMITTEE VOTE: - Health - Jan 31, 2012
Ayes (14): Hannon, Ball, Farley, Fuschillo, Golden, Larkin, McDonald, Young, Adams, Gianaris, Montgomery, Rivera, Smith, Stewart-Cousins
Ayes W/R (3): Seward, Duane, Peralta

Memo

BILL NUMBER:S2917            REVISED 05/11/12

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

PURPOSE: To prohibit children under eighteen years of age 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 under the age of eighteen from using an ultraviolet radiation device.

JUSTIFICATION: According to the World Health Organization's International Agency for Research on Cancer (IARC), UV -emitting indoor tanning devices are classified as Group 1 or "carcinogenic to humans," posing the highest level of cancer risk alongside asbestos, tobacco, and uranium.

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. Studies have shown that the risk of melanoma for users of tanning beds before the age of 30 is increased by 75 percent and 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 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 under the age of eighteen.

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

FISCAL IMPLICATIONS: None.

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


Text

STATE OF NEW YORK ________________________________________________________________________ 2917 2011-2012 Regular Sessions IN SENATE February 3, 2011 ___________
Introduced by Sens. FUSCHILLO, JOHNSON, KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to the use of ultra- violet radiation devices by persons under eighteen years of age 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. 2. [No owner, operator, or employee of a tanning facility shall permit the use of an ultraviolet radiation device by a person fourteen to eigh- teen years of age until such person provides the tanning facility with the written consent, in a form prescribed by the commissioner, 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 indicating that such parent or guardian has read the warnings required under subdivision two of section thirty-five hundred fifty-four of this article and that the person fourteen 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 avail- able 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 to eigh- teen years of age. 4.]
No owner, operator, or employee of a tanning facility shall permit the use of an ultraviolet radiation device by persons under [fourteen] EIGHTEEN 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus