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SB5585 Summary:

BILL NOS05585A
 
SAME ASSAME AS A07218-A
 
SPONSORBOYLE
 
COSPNSRALCANTARA, AVELLA, BAILEY, BRESLIN, BROOKS, COMRIE, HAMILTON, KAMINSKY, KENNEDY, KRUEGER, PERSAUD, ROBACH, SEPULVEDA, STAVISKY
 
MLTSPNSR
 
Amd 3550 & 3555, Pub Health L
 
Relates to tanning facilities.
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SB5585 Actions:

BILL NOS05585A
 
04/18/2017REFERRED TO HEALTH
05/30/2017AMEND AND RECOMMIT TO HEALTH
05/30/2017PRINT NUMBER 5585A
01/03/2018REFERRED TO HEALTH
01/17/20181ST REPORT CAL.198
01/22/20182ND REPORT CAL.
01/23/2018ADVANCED TO THIRD READING
06/12/2018SUBSTITUTED BY A7218A
 A07218 AMEND=A Jaffee
 04/12/2017referred to health
 05/26/2017amend and recommit to health
 05/26/2017print number 7218a
 06/06/2017reported referred to codes
 06/14/2017reported referred to rules
 06/15/2017reported
 06/15/2017rules report cal.398
 06/15/2017ordered to third reading rules cal.398
 06/19/2017passed assembly
 06/19/2017delivered to senate
 06/19/2017REFERRED TO RULES
 01/03/2018DIED IN SENATE
 01/03/2018RETURNED TO ASSEMBLY
 01/03/2018ordered to third reading cal.505
 04/25/2018passed assembly
 04/25/2018delivered to senate
 04/25/2018REFERRED TO HEALTH
 06/12/2018SUBSTITUTED FOR S5585A
 06/12/20183RD READING CAL.198
 06/12/2018PASSED SENATE
 06/12/2018RETURNED TO ASSEMBLY
 08/13/2018delivered to governor
 08/16/2018signed chap.194
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SB5585 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5585--A
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                     April 18, 2017
                                       ___________
 
        Introduced by Sens. BOYLE, ALCANTARA, BRESLIN, BROOKS, COMRIE, KAMINSKY,
          KENNEDY,  KRUEGER, LATIMER, PERSAUD -- read twice and ordered printed,
          and when printed to be committed to the Committee on Health -- commit-
          tee discharged, bill amended, ordered reprinted as amended and  recom-
          mitted to said committee

        AN ACT to amend the public health law, in relation to tanning facilities
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 3550 of the public health law, as added by  chapter
     2  378 of the laws of 1990, is amended to read as follows:
     3    §  3550.  Definitions.  When used in this article, the following words
     4  and phrases shall have the meanings ascribed to them in this section:
     5    1. "Tanning facility" shall mean any establishment where one  or  more
     6  ultraviolet radiation device is used, offered, or made available for use
     7  by any human being, [for which] whether or not a fee is charged, direct-
     8  ly  or  indirectly,  but  shall  not include any facility where any such
     9  device is used by a qualified health care professional for treatment  of
    10  medical conditions.
    11    2.  "Ultraviolet  radiation  device" shall mean any equipment which is
    12  designed to emit electromagnetic radiation in the wavelength interval of
    13  two hundred to four hundred nanometers in air, and which is intended  to
    14  induce tanning of the human skin through irradiation, including, but not
    15  limited to, a sunlamp, tanning booth, or tanning bed.
    16    3.  "Person" shall mean an individual, corporation, partnership, joint
    17  venture, or any business entity.
    18    § 2. Section 3555 of the public health law, as amended by chapter  105
    19  of the laws of 2012, is amended to read as follows:
    20    §  3555.  Restrictions on the use of ultraviolet radiation devices. 1.
    21  No owner, operator, or employee of a tanning facility shall  permit  the
    22  use  of  the tanning facility by a person eighteen years of age or older
    23  until such person provides a  driver's  license  or  other  photographic

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10747-03-7

        S. 5585--A                          2
 
     1  identification  card issued by a government entity or educational insti-
     2  tution indicating that the individual is at least eighteen years of  age
     3  and  the  facility  has  on  file  a signed written statement, in a form
     4  prescribed  by the commissioner, acknowledging that such person has read
     5  the warnings required  under  subdivision  two  of  section  thirty-five
     6  hundred  fifty-four  of  this  article and agrees to wear safety goggles
     7  before using an ultraviolet radiation device. Such signed  statement  of
     8  acknowledgment  may  be  retained  by  the tanning facility off premises
     9  provided that an electronic image or facsimile of  the  original  signed
    10  statement of acknowledgment is readily available by the owner or employ-
    11  ee  responsible for the operation of the ultraviolet radiation device of
    12  such facility.
    13    2.  No owner, operator, or employee of a tanning facility shall permit
    14  the use of an ultraviolet radiation device by a  person  [seventeen  to]
    15  under  eighteen  years  of  age  [until such person provides the tanning
    16  facility with the written consent, in a form prescribed by  the  commis-
    17  sioner,  of a parent or legal guardian to use such tanning facility. The
    18  parent or legal guardian shall sign such consent form in the presence of
    19  the owner of the tanning facility or an  employee  responsible  for  the
    20  operation  of the ultraviolet radiation device of such facility indicat-
    21  ing that such parent or guardian has read the  warnings  required  under
    22  subdivision  two of section thirty-five hundred fifty-four of this arti-
    23  cle and that the person seventeen to eighteen years  of  age  agrees  to
    24  wear  safety  goggles before using an ultraviolet radiation device. Such
    25  original written consent shall be retained by the tanning facility for a
    26  period of twelve months and may be retained off premises  provided  that
    27  an  electronic image or facsimile of the original signed consent form is
    28  readily available by the owner or employee responsible for the operation
    29  of the ultraviolet radiation device of such facility.
    30    3.  A written consent form signed by a parent or legal guardian pursu-
    31  ant to subdivision two of this section shall expire twelve  months  from
    32  the  date it is signed by the parent or legal guardian. Upon the expira-
    33  tion of a written consent form, a new written consent shall be  provided
    34  in the manner prescribed in subdivision two of this section prior to the
    35  use  of an ultraviolet radiation device by any person seventeen to eigh-
    36  teen years of age.
    37    4. No owner, operator, or employee of a tanning facility shall  permit
    38  the  use  of an ultraviolet radiation device by persons sixteen years of
    39  age and under].
    40    3. This section shall be exclusive  and  shall  preempt  any  contrary
    41  local  law  or  ordinance, except that this section shall not preempt or
    42  supersede  local  laws  or  ordinances  imposing   additional   stricter
    43  restrictions  on  the use and operation of ultraviolet radiation devices
    44  at tanning facilities which are in effect prior to the effective date of
    45  this section.
    46    § 3. This act shall take effect immediately.
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