BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 746
                                                                  Page  1

          Date of Hearing:   August 17, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                     SB 746 (Lieu) - As Amended:  March 22, 2011 

          Policy Committee:                              JudiciaryVote:6-2
                        Business and Professions              6-1

          Urgency:     No                   State Mandated Local Program: 
          Yes    Reimbursable:              No

           SUMMARY  

          This bill amends the Filante Tanning Facility Act of 1988 to 
          prohibit minors (under age 18) from using commercial ultraviolet 
          tanning facilities.

           FISCAL EFFECT  

          Potential minor costs to local enforcement agencies, offset to 
          some extent by penalty revenues. (A first violation of the Act 
          constitutes an infraction, and subsequent violations are 
          misdemeanors. Violations are also subject to civil penalties of 
          $2,500 per day.)


           COMMENTS  

           1)Background and Purpose  . Current law, as enacted by AB 105 
            (Lieu)/Chapter 590 of 2007, prohibits anyone under age 14 from 
            using ultraviolet tanning devices but permits minors age 14 to 
            18 to use such devices after obtaining written consent from a 
            parent or legal guardian.  This bill eliminates consent 
            waivers and bans all persons under age 18 from using 
            ultraviolet tanning devices. 

            Cosmetically, tanning has become extremely popular with many 
            teenagers and young adults to the point that many are seeking 
            artificial sources of UV radiation to increase their tans.  
            Nearly one-quarter of all tanners are between the ages of 13 
            and 19, and studies suggest 35% of teenage girls tan 
            regularly.









                                                                  SB 746
                                                                  Page  2

            Supporters (health-related organizations) state this measure 
            is needed to prevent the rapidly growing rate of skin cancer 
            cases among those 18 to 30 years old.  Skin cancer is the most 
            common form of cancer in America, with more than two million 
            cases reported each year. The most common cause of skin cancer 
            is over-exposure to ultraviolet radiation.

           2)Opposition  . The Indoor Tanning Association (ITA) is opposed on 
            several grounds, including the negative economic impact on 
            this industry, which the ITA argues will translate to a 
            significant loss of state tax revenue. While this may be true 
            to some extent, it is likely indoor tanning by minors 
            currently represents spending of discretionary income that 
            will instead go elsewhere in the economy, with resulting 
            positive state revenue impacts.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081