senate Bill S2917A

Signed By Governor
2011-2012 Legislative Session

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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Archive: Last Bill Status Via A1074 - Signed by Governor


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

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Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 16, 2012 signed chap.105
Jul 06, 2012 delivered to governor
Jun 18, 2012 returned to assembly
passed senate
3rd reading cal.162
substituted for s2917a
Jun 18, 2012 substituted by a1074b
Jun 11, 2012 amended on third reading (t) 2917a
Feb 07, 2012 advanced to third reading
Feb 06, 2012 2nd report cal.
Jan 31, 2012 1st report cal.162
Jan 04, 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 03, 2011 referred to health

Votes

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Jan 31, 2012 - Health committee Vote

S2917
14
0
committee
14
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Feb 14, 2011 - Health committee Vote

S2917
14
0
committee
14
Aye
0
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: Feb 14, 2011

aye wr (2)
excused (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S2917 - Bill Details

See Assembly Version of this Bill:
A1074B
Law Section:
Public Health Law
Laws Affected:
Amd §3555, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
S3461A, A9110A

S2917 - Bill Texts

view summary

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

view sponsor 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.

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

                                  2917

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            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

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

S. 2917                             2

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.

Co-Sponsors

view additional co-sponsors

S2917A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1074B
Law Section:
Public Health Law
Laws Affected:
Amd §3555, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
S3461A, A9110A

S2917A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S2917A

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

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

JUSTIFICATION:
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. 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 allows children
between the ages of fourteen and eighteen to use indoor tanning
facilities, with the written permission of a parent or guardian.
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 sixteen years of age and
under.

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

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
________________________________________________________________________

                                 2917--A
    Cal. No. 162

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 3, 2011
                               ___________

Introduced  by  Sens.  FUSCHILLO, ADAMS, ADDABBO, BONACIC, DILAN, DUANE,
  GOLDEN, HANNON, HASSELL-THOMPSON, JOHNSON, KENNEDY,  KRUEGER,  LARKIN,
  LAVALLE, LIBOUS, MARTINS, OPPENHEIMER, PARKER, PERKINS, RITCHIE, SQUA-
  DRON,  STAVISKY,  STEWART-COUSINS,  VALESKY  -- 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 -- reported favorably from said committee,  ordered  to
  first  and  second  report,  ordered  to  a third reading, amended and
  ordered reprinted, retaining its place in 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-
ee responsible for the operation of the ultraviolet radiation device  of
such facility.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04206-10-2

S. 2917--A                          2

  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.

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