BILL NUMBER: SB 746	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 22, 2011

INTRODUCED BY   Senator Lieu

                        FEBRUARY 18, 2011

    An act to amend Section 70.1 of the Labor Code, relating
to employment.   An act to amend Section 22706 of the
Business and Professions Code, relating to tanning facilities. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 746, as amended, Lieu.  Employment: Industrial Welfare
Commission: membership.   Tanning facilities.  

   Existing law, the Filante Tanning Facility Act of 1988, provides
for regulation of tanning facilities by the Department of Consumer
Affairs, and a violation of the act is a crime. Existing law
prohibits persons under 14 years of age from using an ultraviolet
tanning device and prohibits persons between 14 and 18 years of age
from using that device without specified consent from a parent or
legal guardian.  
   This bill would eliminate that consent option and would prohibit
persons under 18 years of age from using an ultraviolet tanning
device. By expanding the scope of a crime, the bill would impose a
state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   Existing law specifies that the Industrial Welfare Commission,
within the Department of Industrial Relations, consists of 2
representatives of organized labor who are members of recognized
labor organizations, 2 representatives of employers, and one
representative of the general public and that the membership must
include members of both sexes.  
   This bill would make a nonsubstantive change to those provisions.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 22706 of the  
Business and Professions Code  is amended to read: 
   22706.  (a) A tanning facility shall:
   (1) Have an operator present during operating hours who is
sufficiently knowledgeable in the correct operation of the tanning
devices used at the facility so that he or she is able to inform and
assist each customer in the proper use of the tanning devices.
   (2) Before each use of an ultraviolet tanning device, provide each
customer with properly sanitized protective eyewear that protects
the eye from ultraviolet radiation and allows adequate vision to
maintain balance; and not allow a person to use an ultraviolet
tanning device if that person does not use the protective eyewear.
   (3) Show each customer how to use suitable physical aids, such as
handrails and markings on the floor, to maintain proper exposure
distance as recommended by the manufacturer.
   (4) Use a timer on an ultraviolet tanning device that has an
accuracy of plus or minus 10 percent of any selected timer interval.
The timer shall also be remotely located so that customers cannot set
their own exposure time.
   (5) Limit each customer using an ultraviolet tanning device to the
maximum exposure time as recommended by the manufacturer.
   (6) Control the interior temperature of a tanning facility so that
it does not exceed 100 degrees Fahrenheit.
   (b) (1) Every person who uses a tanning facility shall sign a
written statement acknowledging that he or she has read and
understood the warnings before using the device; and agrees to use
the protective eyewear that the tanning facility provides. The
statement of acknowledgment shall be retained by the tanning facility
until the end of the calendar year at which time each person who is
a current customer of the facility shall be required to renew that
acknowledgment.
   (2) Whenever using a tanning device a person shall use the
protective eyewear that the tanning facility provides.
   (3) Persons under  14   18  years of age
are prohibited from using an ultraviolet tanning device. 
   (4) A tanning facility shall not allow a person between 14 and 18
years of age to use an ultraviolet tanning device unless that person'
s parent or legal guardian provides consent. For purposes of this
paragraph, "consent" means that the parent or legal guardian appears
in person at the minor's initial use of an ultraviolet tanning device
within a consecutive 12-month period and signs a written consent
form in the presence of the owner or an employee of the facility. The
minor's parent or legal guardian may withdraw this consent at any
time. Unless so withdrawn, this consent shall be valid for 12 months
from the date the written consent form is signed and may be renewed
annually in accordance with this paragraph. The written consent form
required by this paragraph shall state that the parent or legal
guardian has read and understood the warnings given by the tanning
facility, consents to the minor's use of an ultraviolet tanning
device, and agrees that the minor will use the protective eyewear
that the tanning facility provides.  
   (5) 
    (4)  Proof of age shall be satisfied with a driver's
license or other government issued identification containing the date
of birth and a photograph of the individual.
   SEC. 2.   No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  
  SECTION 1.    Section 70.1 of the Labor Code is
amended to read:
   70.1.  The Industrial Welfare Commission consists of two
representatives of organized labor who are members of recognized
labor organizations, two representatives of employers, and one
representative of the general public. The membership shall include
members of both sexes.