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.