Council gets fired up over tanning bed bill
Some members question the need to be more strict than existing state law
By Bryan P. Sears, bsears@patuxent.com
Posted 11/11/09
A bill that would ban minors from using commercial tanning beds in Baltimore County could face a tough vote next week after several councilmen on Tuesday questioned the need to supersede a year-old state law.
Democratic Councilman Vince Gardina is the sole sponsor of a bill he said is necessary to protect teens from exposure to ultraviolet radiation, which can raise their risk of some skin cancers.
Under the provisions of the bill, people under the age of 18 would be allowed to use a tanning bed in a tanning salon only under a doctor’s orders.
“There is no such thing as a safe tan,” Gardina said at a public hearing Tuesday, during which 90 minutes of testimony was taken on the bill.
The County Council is scheduled to vote on the bill Monday, Nov. 16. If the measure is approved, violators could be fined up to $500 and sentenced to up to 90 days in jail.
“This is not something to be taken lightly,” Gardina said of the penalties in his bill. “This is absolutely noncompromisable.”
But at least three councilmen openly questioned the need for a local law.
“I don’t think we need to get into a debate on the health issues of tanning beds, because the General Assembly has spoken on this issue by enacting the minor permission legislation,” said Councilman Kevin Kamenetz, a Democrat who represents Owings MIlls, Pikesville and Ruxton.
A state law in effect since October 2008 prohibits teens from using tanning beds without the written permission of a parent or guardian. Violations are punishable by a $250 and $500 civil penalty respectively for a first and second offense. Third offenses carry a civil fine of $1,000.
“Do we have any idea of how many minors in the county are using tanning beds with parental consent in compliance with the state law?” Kamenetz asked.
Gardina said he did not have that information.
Councilmen John Olszewski Sr. and Ken Oliver, both Democrats, asked similar questions.
About 30 people attended the hearing. Most opposed the ban.
Gardina and two other proponents cited a World Heath Organization study released in July that found that exposure to all forms of ultraviolet light caused cancer in lab animals.
That same study listed tanning beds as a known carcinogen source.
The council held a hearing on the bill hours before the Howard County Health Board voted Tuesday night to approve a similar ban believed to be the first local regulation in the nation. The new Howard County regulations, which include civil penalties for violations, take effect Thursday.
Opponents of that ban, lead by lobbyist Bruce Bereano, are threatening legal action to overturn the new regulations, according to the Howard County Times.
When the state law was passed, a provision that would have allowed teens to use the devices only under a doctor’s direction was removed.
The state law does not prevent counties from passing tougher laws.
“The legislature made a mistake,” Gardina said. “Would those parents sign that form knowing that they’re subjecting their children to a potential cancer risk? Not to a potential cancer risk. To a severe cancer risk.”
“Councilman, are you now saying the council has now become the parents to everyone who is under 18 years old?” asked Oliver.
“I don’t think I said that,” Gardina replied. “I did say that parents are not always aware of the severity of the cases and the severity of the issues.”
Democratic Councilman Vince Gardina is the sole sponsor of a bill he said is necessary to protect teens from exposure to ultraviolet radiation, which can raise their risk of some skin cancers.
Under the provisions of the bill, people under the age of 18 would be allowed to use a tanning bed in a tanning salon only under a doctor’s orders.
“There is no such thing as a safe tan,” Gardina said at a public hearing Tuesday, during which 90 minutes of testimony was taken on the bill.
The County Council is scheduled to vote on the bill Monday, Nov. 16. If the measure is approved, violators could be fined up to $500 and sentenced to up to 90 days in jail.
“This is not something to be taken lightly,” Gardina said of the penalties in his bill. “This is absolutely noncompromisable.”
But at least three councilmen openly questioned the need for a local law.
“I don’t think we need to get into a debate on the health issues of tanning beds, because the General Assembly has spoken on this issue by enacting the minor permission legislation,” said Councilman Kevin Kamenetz, a Democrat who represents Owings MIlls, Pikesville and Ruxton.
A state law in effect since October 2008 prohibits teens from using tanning beds without the written permission of a parent or guardian. Violations are punishable by a $250 and $500 civil penalty respectively for a first and second offense. Third offenses carry a civil fine of $1,000.
“Do we have any idea of how many minors in the county are using tanning beds with parental consent in compliance with the state law?” Kamenetz asked.
Gardina said he did not have that information.
Councilmen John Olszewski Sr. and Ken Oliver, both Democrats, asked similar questions.
About 30 people attended the hearing. Most opposed the ban.
Gardina and two other proponents cited a World Heath Organization study released in July that found that exposure to all forms of ultraviolet light caused cancer in lab animals.
That same study listed tanning beds as a known carcinogen source.
The council held a hearing on the bill hours before the Howard County Health Board voted Tuesday night to approve a similar ban believed to be the first local regulation in the nation. The new Howard County regulations, which include civil penalties for violations, take effect Thursday.
Opponents of that ban, lead by lobbyist Bruce Bereano, are threatening legal action to overturn the new regulations, according to the Howard County Times.
When the state law was passed, a provision that would have allowed teens to use the devices only under a doctor’s direction was removed.
The state law does not prevent counties from passing tougher laws.
“The legislature made a mistake,” Gardina said. “Would those parents sign that form knowing that they’re subjecting their children to a potential cancer risk? Not to a potential cancer risk. To a severe cancer risk.”
“Councilman, are you now saying the council has now become the parents to everyone who is under 18 years old?” asked Oliver.
“I don’t think I said that,” Gardina replied. “I did say that parents are not always aware of the severity of the cases and the severity of the issues.”
user comments (1)
user stevetowson says...
So the way to awareness is to pass a law? How about just getting the word out Vince? ... or is that only a moral imperitive when it's re-election time for you? Being a parent, I can tell you that I sure didn't need you, your help, or your rediculous laws in order to raise a daughter smart, and healthy enough to make the Honors Society at Virginia Tech. Like it, or not... YOU are not responsible for the health, and welfare of our kids. WE(parents) ARE!
Posted 9:51 PM, 11.11.09
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