The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3461--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 19, 2009
                               ___________

Introduced  by  Sens.  C. JOHNSON,  FUSCHILLO  -- 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  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10575-02-0

S. 3461--A                          2

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.