NY State Senate Bill 2017-S57

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to health
Jan 04, 2017	referred to health

2017-S57 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §3555, Pub Health L
Versions Introduced in 2015-2016 Legislative Session:: S5008

2017-S57 (ACTIVE) - Summary

Relates to restrictions on ultraviolet radiation devices.

2017-S57 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S57

 TITLE OF BILL :

An act to amend the public health law, in relation to restrictions on
ultraviolet radiation devices

 PURPOSE :

This legislation would prohibit the use of tanning facilities by
people under the age of eighteen.

 SUMMARY OF PROVISIONS :

Section 1 amends Section 3555 of the public health law to require that
no owner, operator, or employee of a tanning facility shall permit the
use of a tanning facility to any person unless they have shown a valid
ID indicating that they are at least eighteen years old, have signed a
written statement acknowledging that they have been made aware of the
danger of using tanning facilities, and have agreed to wear safety
goggles.

It also removes provisions allowing persons between seventeen and
eighteen years of age to use tanning facilities with permission of a
parent or legal guardian, and replaces them with a requirement that no
owner, operator, or employee of a tanning facility shall permit the

use of an ultraviolet radiation device by persons seventeen years of
age and under.

It also establishes that this law shall preempt any contrary local law
or ordinance, except when a local law or ordinance imposes additional
stricter restrictions on the use and operation of ultraviolet tanning
devices.

Section 2 establishes that this act shall take effect on the ninetieth
day after it shall have become a law.

 JUSTIFICATION :

The use of ultraviolet tanning beds has proven time and time again to
be extraordinarily detrimental to the long-term health of users,
especially to those under the age of 18. The International Agency for
Research on Cancer (IARC), a panel of experts convened by the World
Health Organization, has found that the risk of developing melanoma of
the skin increases by 75 percent when tanning bed use starts before
the age of 35. According to the FDA, tanning can also cause premature
aging, immune suppression, irreversible eye damage, and allergic
reactions (including rashes).

The FDA is concerned about the use of tanning beds by children and
teenagers, as they are particularly susceptible to the effects of
intense ultraviolet radiation. In a 2009 study, the FDA found that
less than 11 percent of tanning facilities followed the FDA's
recommended exposure schedule of three or fewer sessions the first
week. About 71 percent said they would allow a teen to tan all seven
days the first week, and many promoted frequent tanning with
"unlimited tanning" discount price packages. This demonstrates a
flagrant disregard for the safety and well-being of teens, who are in
need of the most protection from harmful UV rays.

A recent New York Times article on this issue also noted that the
incidence rate of melanoma in women under 40 has risen by a third
since 1990. However, encouragingly, due to widespread implementation
of restrictions on tanning by minors, the number of teen girls who use
tanning salons has fallen from around 25 percent in 2009 to around 20
percent in 2013. This is particularly good news considering the fact
that in 2011, the Times reported that frequent tanning causes changes
in brain activity that mimic drug addiction, which provides an example
of how habit-forming tanning can become for young teens.

There is a clear consensus among major health and skin care
organizations that there is a conclusive link between exposure to
intense ultraviolet radiation and melanoma. In the face of such
overwhelming scientific evidence of the dangers of tanning, action
should be taken to limit the exposure of teens to this addictive,
harmful, short-sighted practice. This legislation would help to drive
down the incidences of skin cancer in the State of New York and would
discourage teens from beginning to tan in the first place.

 PRIOR LEGISLATIVE HISTORY :

S.5008 of 2015-2016 (Hoylman) - Died in Health

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law.

2017-S57 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    57
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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  restrictions  on
   ultraviolet radiation devices

   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 amended by  chap-
 ter 105 of the laws of 2012, is amended to read as follows:
   §  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 seventeen to
 eighteen 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.
                                                            LBD05714-01-7

 S. 57                               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 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 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 seventeen 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 [sixteen] SEVEN-
 TEEN years of age and under.
   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.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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Senate Bill S57

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Archive: Last Bill Status - In Senate Committee Health Committee

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2017-S57 (ACTIVE) - Details

2017-S57 (ACTIVE) - Summary

2017-S57 (ACTIVE) - Sponsor Memo

2017-S57 (ACTIVE) - Bill Text download pdf

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

2017-S57 (ACTIVE) - Details

2017-S57 (ACTIVE) - Summary

2017-S57 (ACTIVE) - Sponsor Memo

2017-S57 (ACTIVE) - Bill Text download pdf

Comments