assembly Bill A1074

Signed by Governor Amended

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

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Sponsor

WEISENBERG

Co-Sponsors

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Multi-Sponsors

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO HEALTH
  • 19 / Jan / 2011
    • REPORTED REFERRED TO CODES
  • 01 / Jun / 2011
    • REPORTED REFERRED TO RULES
  • 06 / Jun / 2011
    • REPORTED
  • 06 / Jun / 2011
    • RULES REPORT CAL.36
  • 06 / Jun / 2011
    • ORDERED TO THIRD READING RULES CAL.36
  • 06 / Jun / 2011
    • PASSED ASSEMBLY
  • 06 / Jun / 2011
    • DELIVERED TO SENATE
  • 06 / Jun / 2011
    • REFERRED TO HEALTH
  • 04 / Jan / 2012
    • DIED IN SENATE
  • 04 / Jan / 2012
    • RETURNED TO ASSEMBLY
  • 04 / Jan / 2012
    • ORDERED TO THIRD READING CAL.62
  • 31 / Jan / 2012
    • PASSED ASSEMBLY
  • 31 / Jan / 2012
    • DELIVERED TO SENATE
  • 31 / Jan / 2012
    • REFERRED TO HEALTH
  • 06 / Jun / 2012
    • RECALLED FROM SENATE
  • 06 / Jun / 2012
    • RETURNED TO ASSEMBLY
  • 06 / Jun / 2012
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 06 / Jun / 2012
    • AMENDED ON THIRD READING (T) 1074A
  • 11 / Jun / 2012
    • AMENDED ON THIRD READING (T) 1074B
  • 14 / Jun / 2012
    • REPASSED ASSEMBLY
  • 14 / Jun / 2012
    • RETURNED TO SENATE
  • 14 / Jun / 2012
    • COMMITTED TO RULES
  • 18 / Jun / 2012
    • SUBSTITUTED FOR S2917A
  • 18 / Jun / 2012
    • 3RD READING CAL.162
  • 18 / Jun / 2012
    • PASSED SENATE
  • 18 / Jun / 2012
    • RETURNED TO ASSEMBLY
  • 06 / Jul / 2012
    • DELIVERED TO GOVERNOR
  • 16 / Jul / 2012
    • SIGNED CHAP.105

Summary

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

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Bill Details

See Senate Version of this Bill:
S2917
Versions:
A1074
A1074A
A1074B
Legislative Cycle:
2011-2012
Law Section:
Public Health Law
Laws Affected:
Amd ยง3555, Pub Health L
Versions Introduced in 2009-2010 Legislative Cycle:
A9110A, S3461A
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1074

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of  A.  WEISENBERG,  MILLMAN, SPANO, CASTRO, JAFFEE,
  ROSENTHAL, GALEF -- Multi-Sponsored by -- M. of A.  BOYLAND,  BURLING,
  CALHOUN,  COOK,  CRESPO, GIBSON, MAISEL, MARKEY, MAYERSOHN, McDONOUGH,
  McKEVITT, MENG, MOLINARO, OAKS  --  read  once  and  referred  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04206-01-1

A. 1074                             2

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.

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