A controversial bill that would have banned teens 18 and under from using commercial tanning beds was defeated Monday night by the Baltimore County Council.

The bill was voted down 5-2. Councilman Vince Gardina, the bill’s sponsor, and fellow Democratic councilmen Kevin Kamenetz voted in favor of it.

Gardina’s bill would have prohibited minors from using tanning beds at tanning salons without the permission of a parent and a doctor.

Violators — both the teen and the salon — would have been subject to criminal penalties of up to $500 in fines and 90 days in jail.

Gardina, who represents the 5th District including Perry Hall, Parkville and Towson, said the law is necessary because some studies show teens who tan are more at risk for certain types of skin cancer.

Gardina added that government is charged “with ensuring the health of our children.”

Councilmen John Olszewski Sr. and Sam Moxley, both Democrats, said they were voting against the bill because they felt it overstepped the bounds of government by eliminating parental permission as the sole approval necessary.

Moxley said that while he believed parents who allow their children to tan would be “bad parents,” he could not vote for a law that would limit parental roles.

“Where would we go from here?” asked Moxley, who represents the 1st District including Arbutus and Catonsville. “Only one Happy Meal a year?”

Republican councilman Bryan McIntire said the proposed law would be unenforceable.

“We do not have the ability to enforce this law,” said McIntire, who represents the 3rd District including Parkton, Cockeysville and Kingsville. “There are so many laws we’ve passed that are not being enforced. With that in mind, I feel compelled to not vote for a law that cannot be enforced.”

Gardina rejected both arguments.

“There are other laws where we don’t even consider parents’ permission,” said Gardina, referring to laws prohibiting teens from purchasing or possessing tobacco or alcohol.

The law he proposed could be enforced by undercover police officers, Gardina said.

A state law passed in 2008 already requires a parent or guardian to sign a written consent form in the presence of a salon owner or employee. Violations are punishable by civil fines of $250 to $1,000.

Howard County is the only jurisdiction with rules tougher than that state law. Last Tuesday, a Howard County Health Board approved new regulations to prohibit teens from using tanning beds in that county. Those regulations went into effect immediately.

After Monday’s vote, Gardina excused himself from the meeting to attend to a sick relative and was not immediately available for comment

In other council news:

• About 20 people testified for legislation to reform the pension system for council members.

The issue came to light last month after reports showed that Gardina, a five-term councilman, would be eligible for a 100 percent pension starting immediately when he retires at the end of his current term.

Four other councilmen have four terms on the council and would be eligible for an 80 percent pension that could begin immediately if they do not run for re-election or are defeated in 2010.

Peggy Stoler, a Pikesville resident and small business owner, said she and her husband have taken pay cuts to avoid laying off employees. She said council members’ pensions are out of line and members should also be willing to make cuts during tough economic times.

“So I ask the council — where’s your sacrifice?” Stoler said.

The council listened to about 40 minutes of testimony on the subject, but offered no public comment.

• The council formally introduced a bill that will require carbon monoxide detectors in all rental properties. The bill is proposed by County Executive Jim Smith.

County officials say Baltimore County firefighters responded to more than 1,300 incidents carbon monoxide poisoning last year. The department projects it will be called to about 1,400 incidents this year.

The county would enforce the law through its rental registration program, as well as by making spot checks of rental properties. Violators would be subject to a fine of $200 per day.

A hearing is scheduled for Dec. 15 with a final vote expected Dec. 21.

If approved, the bill would take effect 45 days later. Property owners would then have up to a year to install the detectors.

This story has ben updated.

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user comments (2)

user davidmarks1 says...

Only half the public schools in Baltimore County are equipped with cooling systems for air conditioning. New schools were being built as late as the 1990s without air conditioning capabilities. If we were serious about improving the public health of our children, renovating these schools would be a bigger priority.

Posted 6:59 AM, 11.17.09

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user stevebaileytowson says...

The pension controversy didn't start and won't end with this council. U.S. Rep. C.A. Dutch Ruppersberger left the county executive's office with a nearly $90,000 a year pension for life, which he receives in addition to his Congressional salary of $174,000 per year. Mr. Ruppersberger was able to piggyback his two terms as county executive on top of his two terms on the County Council, entitling him to 80 percent of his highest salary. Mr. Ruppersberger's overly generous pension prompted the County Council to pass pension reform that requires county council and county executive pensions to be calculated separately. The Ruppersberger reform will reduce County Executive James T. Smith Jr.'s annual pension to approximately $70,000; however, that payment is in addition to the nearly $80,000 a year that Mr. Smith collects from his service as a Circuit Court judge. Let's not forget, Mr. Smith has also expressed an interest in running for another taxpayer financed position, the state Senate in the 7th District. Finally, unless further reforms are enacted our next county executive could walk away with a pension of $108,000 per year for life. That's because two potential candidates (Kevin Kamenetz and Joe Bartenfelder) are four term council incumbants who could add their council pensions ($48,000) to the pension that a two term county executive would receive ($60,000). Now that's a deal that Councilman Vince Gardina would be proud of!

Posted 5:17 PM, 11.17.09

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