Senate Bill S10097

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10097
 
                             I N  S E N A T E
 
                              April 28, 2026
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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 requiring  liabil-
   ity insurance coverage for tanning facilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Legislative findings and  intent.  The  legislature  hereby
 finds that:
   1.  Commercial  tanning  facilities  operating  ultraviolet  radiation
 devices present a foreseeable risk of bodily  injury,  including  burns,
 eye  damage,  and  long-term  health effects associated with ultraviolet
 exposure;
   2. Individuals injured at  tanning  facilities  may  face  substantial
 medical  expenses,  and  facility  owners  may  lack  adequate financial
 resources to compensate injured patrons  in  the  absence  of  insurance
 coverage;
   3.  New  York  currently  regulates tanning facilities with respect to
 permitting, age restrictions, equipment standards,  and  consumer  warn-
 ings,  but does not expressly require liability insurance as a condition
 of operation;
   4.  Requiring  liability  insurance   will   help   promote   consumer
 protection, financial responsibility, and continuity of legitimate busi-
 ness  operations,  while  reducing uncompensated injuries and litigation
 burdens; and
   5. Similar insurance requirements exist  for  other  consumers  facing
 businesses that present a comparable risk of physical injury.
   This  legislature therefore declares that it is in the public interest
 to require  operators  of  commercial  tanning  facilities  to  maintain
 liability insurance coverage as a condition of operation within New York
 state.
   §  2. The public health law is amended by adding a new section 3557 to
 read as follows:
   § 3557. LIABILITY INSURANCE REQUIRED FOR TANNING FACILITIES. 1.  EVERY
 OWNER OR OPERATOR OF A TANNING FACILITY, AS DEFINED IN  SUBDIVISION  ONE
 OF  SECTION  THIRTY-FIVE HUNDRED FIFTY OF THIS ARTICLE, SHALL OBTAIN AND
 CONTINUOUSLY MAINTAIN COMMERCIAL GENERAL LIABILITY INSURANCE OR  PROFES-
 SIONAL  LIABILITY  INSURANCE,  OR A COMBINATION THEREOF, COVERING BODILY
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15665-01-6
 S. 10097                            2
 
 INJURY AND PERSONAL INJURY ARISING OUT OF THE OPERATION OR USE OF ULTRA-
 VIOLET RADIATION DEVICES. SUCH INSURANCE SHALL PROVIDE COVERAGE  OF  NOT
 LESS THAN:
    (A)  ONE MILLION DOLLARS PER OCCURRENCE FOR BODILY INJURY OR PERSONAL
 INJURY; AND
    (B) TWO MILLION DOLLARS IN  THE  AGGREGATE  FOR  ALL  CLAIMS  ARISING
 DURING THE POLICY PERIOD.
    2.  PROOF OF THE INSURANCE COVERAGE REQUIRED BY THIS SECTION SHALL BE
 SUBMITTED TO THE DEPARTMENT:
    (A) AT THE TIME OF INITIAL APPLICATION FOR A  LICENSE  TO  OPERATE  A
 TANNING FACILITY; AND
    (B) UPON RENEWAL OF SUCH LICENSE, OR UPON REQUEST BY THE DEPARTMENT.
    3.  A  TANNING FACILITY SHALL NOTIFY THE DEPARTMENT IN WRITING WITHIN
 TEN DAYS OF ANY CANCELLATION, NONRENEWAL OR MATERIAL MODIFICATION OF THE
 INSURANCE COVERAGE REQUIRED BY THIS SECTION.
    4. NO PERSON SHALL OPERATE A TANNING FACILITY WITHOUT MAINTAINING THE
 INSURANCE COVERAGE REQUIRED BY THIS SECTION. THE FAILURE  OF  A  TANNING
 FACILITY   TO  MAINTAIN  SUCH  INSURANCE  COVERAGE  SHALL  CONSTITUTE  A
 VIOLATION OF THIS ARTICLE AND MAY RESULT IN THE SUSPENSION OR REVOCATION
 OF SUCH TANNING FACILITY'S  LICENSE,  CIVIL  PENALTIES,  OR  SUCH  OTHER
 ENFORCEMENT  ACTION  AS  AUTHORIZED BY LAW. NO LICENSE SHALL BE REISSUED
 FOR TWO YEARS TO ANY TANNING FACILITY FOUND TO  HAVE  COMMITTED  TWO  OR
 MORE VIOLATIONS OF THIS SECTION.
   5.  THE  PROVISIONS  OF  THIS  SECTION  SHALL  NOT APPLY TO FACILITIES
 EXEMPTED FROM LICENSING REQUIREMENTS UNDER THIS ARTICLE.
   6. THE COMMISSIONER SHALL BE AUTHORIZED TO PROMULGATE RULES AND  REGU-
 LATIONS  TO  IMPLEMENT THE PROVISIONS OF THIS SECTION, INCLUDING BUT NOT
 LIMITED TO:
   (A) ACCEPTABLE FORMS OF INSURANCE COVERAGE;
   (B) DOCUMENTATION STANDARDS; AND
   (C) ENFORCEMENT PROCEDURES.
   § 3. Paragraphs (c) and (d) of subdivision 2 of section  3554  of  the
 public  health  law,  as  added  by chapter 378 of the laws of 1990, are
 amended and a new paragraph (e) is added to read as follows:
   (c) establishing standards for cleanliness, hygiene and safety; [and]
   (d) requiring each tanning facility to provide safety goggles and  any
 other  safety-related  devices  to  customers  without additional charge
 therefor[.]; AND
   (E) ESTABLISHING STANDARDS FOR ACCEPTABLE FORMS OF INSURANCE  COVERAGE
 DOCUMENTATION  AND  ENFORCEMENT  PROCEDURES  IN  ACCORDANCE WITH SECTION
 THIRTY-FIVE HUNDRED FIFTY-SEVEN OF THIS ARTICLE.
   § 4. Severability. If any clause,  sentence,  paragraph,  subdivision,
 section  or part of this act shall be adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered. It is hereby declared to be the intent of the legislature
 that this act would have been enacted even if  such  invalid  provisions
 had not been included herein.
   § 5. This act shall take effect one hundred eighty days after it shall
 have  become a law. Effective immediately, the commissioner of health is
 authorized to promulgate, amend and/or repeal  any  rule  or  regulation
 necessary for the implementation of this act on or before such effective
 date.