senate Bill S3461A

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 25, 2010 reported and committed to codes
May 20, 2010 print number 3461a
amend and recommit to health
Jan 06, 2010 referred to health
Mar 19, 2009 referred to health

Votes

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May 25, 2010 - Health committee Vote

S3461A
13
1
committee
13
Aye
1
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Health committee vote details

Health Committee Vote: May 25, 2010

nay (1)
aye wr (3)

Bill Amendments

Original
A (Active)
Original
A (Active)

S3461 - Bill Details

See Assembly Version of this Bill:
A9110A
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §3555, Pub Health L

S3461 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER: S3461

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.

EXISTING LAW :
Current law prohibits children under fourteen years of age from using
an ultraviolet radiation device and requires those between the ages of
fourteen and eighteen to receive parental consent before using such
devices.

JUSTIFICATION :
Ultraviolet tanning is a popular and common aesthetic practice.
However, the Federal Trade Commission's FTC's Facts for Consumers:
Indoor Tanning, clearly states that tanning indoors can be damaging to
your skin. We prohibit those under eighteen from smoking and using
alcohol, both of which can be detrimental to our health. why should
tanning indoors be any different? Recent studies have also shown
tanning addictive and prohibiting those under eighteen years of age
from doing it could help prohibit a future addiction. The current law
prohibits those under the age of fourteen from using a tanning bed,
this law would simply extend that to include those between the ages of
fourteen and eighteen.

LEGISLATIVE HISTORY :
New Bill.

FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
30 days after it shall have become a law.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3461

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 19, 2009
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- 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. Subdivision 4 of section 3555 of the public health law,  as
added by chapter 573 of the laws of 2006, is amended to read as follows:
  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.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10575-01-9

S3461A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9110A
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §3555, Pub Health L

S3461A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER: S3461A

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.

EXISTING LAW :
Current law prohibits children under fourteen years of age from using
an ultraviolet radiation device and requires those between the ages of
fourteen and eighteen to receive parental consent before using such
devices.

JUSTIFICATION :
Ultraviolet tanning is a popular and common aesthetic practice.
However, the Federal Trade Commission's FTC's Facts for Consumers:
Indoor Tanning, clearly states that tanning indoors can be damaging to
your skin. We prohibit those under eighteen from smoking and using
alcohol, both of which can be detrimental to our health. why should
tanning indoors be any different? Recent studies have also shown
tanning addictive and prohibiting those under eighteen years of age
from doing it could help prohibit a future addiction. The current law
prohibits those under the age of fourteen from using a tanning bed,
this law would simply extend that to include those between the ages of
fourteen and eighteen.

LEGISLATIVE HISTORY :
New Bill.

FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
30 days after it shall have become a law.
view full text
download pdf
                    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.

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