SENATE BILL REPORT

SB 5521

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As of February 18, 2013

Title: An act relating to protecting children under the age of eighteen from the harmful effects of exposure to ultraviolet radiation associated with tanning devices.

Brief Description: Protecting children under the age of eighteen from the harmful effects of exposure to ultraviolet radiation associated with tanning devices.

Sponsors: Senators King, Darneille, Kohl-Welles, Schlicher, Keiser, Frockt, Shin and Kline.

Brief History:

Committee Activity: Commerce & Labor: 2/18/13.

SENATE COMMITTEE ON COMMERCE & LABOR

Staff: Edith Rice (786-7444)

Background: Tanning of the skin is caused by exposure to ultraviolet UV radiation from the sun or artificial UV radiation. Tanning beds or booths are equipment that utilize tanning lamps to expose the skin to UV radiation, which induces tanning. Tanning facilities are regulated in at least 33 other states. These regulations include minimum standards for tanning facilities; restrictions on access for minors, and licensing, permitting, or registration of tanning facilities. California bans the use of tanning beds for minors under the age of 18. Currently, tanning facilities are not licensed or regulated in Washington.

Summary of Bill: Tanning facilities are prohibited from allowing persons under the age of 18 to utilize ultraviolet tanning equipment. Users of ultraviolet tanning equipment must present proof of age by presenting a driver's license or other government issued identification the includes a date of birth and photograph.

A first violation of this prohibition is a class 1 infraction that can result in a civil penalty of up to $1,000 per day. Subsequent violation are classified as misdemeanors. Every day of a subsequent violation constitutes a separate misdemeanor.

Phototherapy devices used at the direction of a licensed physician are exempt from this prohibition.

Appropriation: None.

Fiscal Note: Requested on February 18, 2013.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: Young people often do not understand the consequences of their actions. Things they do as young people can have serious results later on. I was a regular tanner as a teen. I developed melanoma and will spend the rest of my life being monitored for skin cancer and having surgeries. Early exposure to UV rays and indoor tanning can cause serious skin damage. There is a direct link between skin cancer and use of tanning beds. Melanoma is on the rise for young people. Indoor tanning is more dangerous than outdoor tanning. This kind of tanning is a threat to public health, safety, and welfare. It causes cancer. Passing this bill will save lives.

CON: There needs to be a higher level of discussion on this topic. Much of what has been said is a misrepresentation of the issue. We need UV light, and we need to teach what healthy exposure is. Having red hair and moles is a greater indicator of who is likely to get skin cancer.

Persons Testifying: PRO: Senator King, prime sponsor, Scott Isenhath, WA State Dermatology Assn.; Maura Little, American Cancer Society; Jessica Hulet, Peter Rasmussen, Architects Rasmussen Triebelhorn.

CON: Joseph Levy, American Suntanning Assn.