BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 746|
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THIRD READING
Bill No: SB 746
Author: Lieu (D)
Amended: 3/22/11
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEV. COMMITTEE : 6-2, 5/2/11
AYES: Price, Corbett, Correa, Hernandez, Negrete McLeod,
Vargas
NOES: Walters, Wyland
NO VOTE RECORDED: Emmerson
SENATE APPROPRIATIONS COMMITTEE : 6-2, 5/26/11
AYES: Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
NOES: Walters, Runner
NO VOTE RECORDED: Emmerson
SUBJECT : Tanning facilities
SOURCE : AIM at Melanoma Foundation
California Society of Dermatology and
Dermatological Surgery
DIGEST : This bill prohibits the use of ultraviolet
tanning devices by persons under the age of 18.
ANALYSIS :
Existing law:
1. The Filante Tanning Facility Act of 1988 (Filante Act)
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requires tanning facilities to comply with specified
requirements which include:
A. Providing a customer with a written warning
statement that contains specified admonitions
regarding the potential harms caused by tanning
devices.
B. Requiring customers to sign a written statement
acknowledging that they have read and understands the
provided warnings. The facility must retain this
statement until the end of the calendar year, at
which time the customer must renew the
acknowledgement.
C. Requiring tanning facilities to post warnings on
the dangers of ultraviolet radiation in areas where
tanning devices are used.
D. Requiring customers between 14 and 18 years of age
to give the facility a statement signed by their
parent or legal guardian stating that the parent or
legal guardian has read and understands the warnings,
consents to the minor's use of tanning devices and
agrees that the minor will use protective eyewear
provided by the facility.
E. Prohibiting persons less than 14 years of age from
using tanning devices.
2. Provides that a first violation of the Filante Act is an
infraction, any subsequent violation is a separate
misdemeanor and that a violation makes a tanning
facility liable for a civil penalty not to exceed $2,500
per day for each violation in addition to any other
penalty established by law.
This bill:
1. Prohibits persons less than 18 years of age from using
an ultraviolet tanning device.
2. Removes the consent provision for persons between 14 and
18 years of age.
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Comment
Many states have confronted the issue of prohibiting
certain populations from using tanning devices. Currently,
the state of Delaware does not allow a minor between the
ages of 14 and 18 to use a tanning device unless he or she
has parental consent. Delaware law also specifies that
minors under the age of 14 may not use a tanning device
unless it is medically necessary. The states of Illinois,
Maine, New Hampshire, New Jersey, New York, North Carolina
and North Dakota have similar restrictions; however, not
all states allow medical considerations to be taken when
banning that age group from using tanning devices. Other
states create more stringent restrictions on the use of
tanning devices, such as the ban for those under 16.5 years
of age in Texas and those under 16 years of age in
Wisconsin.
In addition to California, several states currently have
bills pending in the Legislature to ban minors under the
age of 18 from using a tanning device, including Illinois,
Iowa, Maryland, Minnesota, New Jersey, New Mexico, New
York, Ohio, Pennsylvania, Rhode Island, Vermont, and
Washington.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
Use restriction
- Administration Minor savings annually
Special*
- Revenue Unknown, likely significant
revenueGeneral
loss initially, unknown costs and
savings in future years
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* State Board of Barbering and Cosmetology
SUPPORT : (Verified 5/27/11)
AIM At Melanoma Foundation (co-source)
California Society of Dermatology and Dermatologic Surgery
(co-source)
America Cancer Society
American Academy of Dermatology
American Academy of Pediatrics
American Society for Dermatologic Surgery and Dermatologic
Surgery
Anthem Blue Cross
Association of Northern California Oncologists
California Medical Association
California Nurses Association
Kaiser Permanente
Los Angeles County
Sun Safety for Kids
Joanna M. Nicolay Melanoma Foundation
OPPOSITION : (Verified 5/27/11)
Hollywood Tans
Indoor Tanning Association
National Federation of Independent Businesses
Palm Beach Tan
ARGUMENTS IN SUPPORT : The California Medical Association
(CMA) supports this bill. CMA believes that this bill will
"Protect young people from the health dangers of
ultraviolet radiation." CMA further states that "Rates of
skin cancer, including melanoma, the most serious form of
skin cancer to-continue to rise, even in young people."
CMA cites a long history of known dangers that arise from
damage to the skin and eyes. Due to these dangers, CMA
states, "The World Health Organization, the American
Medical Association, the American Academy of Dermatology,
and the American Academy of Pediatrics all support
prohibiting access to tanning salons by children."
ARGUMENTS IN OPPOSITION : The Indoor Tanning Association
(ITA) opposes this bill. ITA believes that this bill has a
negative impact on indoor tanning business statewide by
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eliminating teens under the age of 18 from patronizing its
member's businesses. ITA estimates that this group of
consumers makes up to five to10 percent of a tanning
business's customer base. Additionally, since the majority
of tanning facilities are owned by women, ITA argues that
this would disproportionately affect female business
owners. ITA also argues that tanning salons are already
burdened by regulations of the Department of Consumer
Affairs and the Food and Drug Administration. Lastly, ITA
argues that the California regulations are already the most
stringent in the nation.
JJA:kc 5/27/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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