BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 746| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 746 Author: Lieu (D) Amended: 8/30/11 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 SENATE FLOOR : 25-9, 6/1/11 AYES: Alquist, Blakeslee, Calderon, Corbett, Correa, De León, DeSaulnier, Evans, Hancock, Hernandez, Kehoe, Leno, Lieu, Liu, Lowenthal, Negrete McLeod, Padilla, Pavley, Rubio, Simitian, Steinberg, Vargas, Wolk, Wright, Yee NOES: Anderson, Dutton, Fuller, Gaines, Huff, La Malfa, Strickland, Walters, Wyland NO VOTE RECORDED: Berryhill, Cannella, Emmerson, Harman, Price, Runner ASSEMBLY FLOOR : 49-27, 9/1/11 - See last page for vote SUBJECT : Tanning facilities SOURCE : AIM at Melanoma Foundation CONTINUED SB 746 Page 2 California Society of Dermatology and Dermatological Surgery DIGEST : This bill prohibits the use of ultraviolet tanning devices by persons under the age of 18. Assembly Amendments restate existing law regarding the exemption of the use of a photography device prescribed by a physician or surgeon from this bill's prohibition. ANALYSIS : Existing law: 1. The Filante Tanning Facility Act of 1988 (Filante Act) 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 SB 746 Page 3 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. 3. Clarifies that this bill does not prohibit a physician and surgeon from prescribing the use of a phototherapy device to a patient of any age. 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. SB 746 Page 4 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 * State Board of Barbering and Cosmetology SUPPORT : (Per Assembly Business, Professions and Consumer Protection Committee analysis - unable to reverify at time of writing ) AIM At Melanoma Foundation (co-source) California Society of Dermatology and Dermatologic Surgery (co-source) America Cancer Society American Academy of Pediatrics American Society for Dermatologic Surgery and Dermatologic Surgery Anthem Blue Cross Association of Northern California Oncologists Blue Shield of California California Association of Health Plans California Medical Association California Nurses Association Kaiser Permanente Los Angeles County OPPOSITION : (Per Assembly Business, Professions and Consumer Protection Committee analysis - unable to reverify at time of writing) SB 746 Page 5 Club Tan, LLC. Heartland Tan Hollywood Tans Indoor Tanning Association Island Tan Tanning 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 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. ASSEMBLY FLOOR : 49-27, 9/1/11 AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block, Blumenfield, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Dickinson, Eng, Feuer, Fong, Fuentes, Furutani, Galgiani, Gordon, Hall, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Lara, Bonnie Lowenthal, Ma, Mendoza, SB 746 Page 6 Mitchell, Monning, Pan, Perea, V. Manuel Pérez, Portantino, Skinner, Solorio, Swanson, Torres, Wieckowski, Williams, Yamada, John A. Pérez NOES: Achadjian, Bill Berryhill, Conway, Donnelly, Fletcher, Beth Gaines, Garrick, Gatto, Grove, Hagman, Halderman, Harkey, Jeffries, Jones, Knight, Logue, Mansoor, Miller, Morrell, Nestande, Nielsen, Norby, Olsen, Silva, Smyth, Valadao, Wagner NO VOTE RECORDED: Bonilla, Cook, Davis, Gorell JJA:kc 9/1/11 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****