Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB261 Compare Versions

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1	1	LRB-2823/1
2	2	JPC:emw
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 261
5	5	May 2, 2023 - Introduced by Senators CABRAL-GUEVARA and SPREITZER, cosponsored
6	6	by Representatives ROZAR, BALDEH, BINSFELD, CONLEY, GUNDRUM, O'CONNOR,
7	7	PALMERI and SUBECK. Referred to Committee on Government Operations,
8	8	Elections and Consumer Protection.
9	9	AN ACT to renumber 463.25 (3); to amend 463.25 (5) (intro.) and 463.25 (9) (a);
10	10	and to create 463.25 (3) (b) and (c) and 463.25 (5) (g) of the statutes; relating
11	11	to: regulation of tanning facilities.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill makes several changes to the regulation of tanning facilities. Under
14	14	current law, no person may operate a tanning facility in this state without a permit
15	15	issued by the Department of Safety and Professional Services. Tanning facilities are
16	16	required to adhere to certain requirements established by statute and rules
17	17	promulgated by DSPS. The bill makes the following changes to the regulation of
18	18	tanning facilities:
19	19	1. Under current law, an owner of a tanning facility must ensure that no person
20	20	under the age of 16 is permitted to use the tanning facility. The bill requires the
21	21	owner of a tanning facility to ensure that no customer who is 16 or 17 years of age
22	22	is permitted to use the tanning facility unless the customer's parent or guardian
23	23	provides written authorization for the customer to use a tanning device.
24	24	2. The bill prohibits tanning facilities from advertising or distributing
25	25	promotional materials that claim that using a tanning device is safe or free from risk
26	26	or that the use of a tanning device will result in medical or health benefits.
27	27	3. Under current law, each tanning facility must prominently display a
28	28	warning sign in each area where a tanning device is used that contains certain
29	29	directions and information. The bill requires that the warning sign be at least 11
30	30	inches by 17 inches and that the warning sign provide a current telephone number
31	31	for a customer to contact DSPS to report an injury.
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34	34	3 - 2 -2023 - 2024 Legislature LRB-2823/1
35	35	JPC:emw
36	36	SENATE BILL 261
37	37	For further information see the state fiscal estimate, which will be printed as
38	38	an appendix to this bill.
39	39	The people of the state of Wisconsin, represented in senate and assembly, do
40	40	enact as follows:
41	41	SECTION 1. 463.25 (3) of the statutes is renumbered 463.25 (3) (a).
42	42	SECTION 2. 463.25 (3) (b) and (c) of the statutes are created to read:
43	43	463.25 (3) (b) No tanning facility may advertise or distribute promotional
44	44	materials that claim that using a tanning device is safe or free from risk or that the
45	45	use of a tanning device will result in medical or health benefits.
46	46	(c) A tanning facility may only claim or distribute promotional materials that
47	47	claim that a tanning device is for cosmetic use only.
48	48	SECTION 3. 463.25 (5) (intro.) of the statutes is amended to read:
49	49	463.25 (5) WARNING SIGN. (intro.) Each tanning facility shall prominently
50	50	display a warning sign in each area where a tanning device is used. That sign shall
51	51	have dimensions of not less than 11 inches by 17 inches and shall convey the
52	52	following directions and information:
53	53	SECTION 4. 463.25 (5) (g) of the statutes is created to read:
54	54	463.25 (5) (g) A customer may contact the department to report an alleged
55	55	injury sustained at the tanning facility. The warning sign shall provide a current
56	56	telephone number that may be used to contact the department to report an alleged
57	57	injury.
58	58	SECTION 5. 463.25 (9) (a) of the statutes is amended to read:
59	59	463.25 (9) (a) No customer under 16 years of age is permitted to use the tanning
60	60	facility. No customer who is 16 or 17 years of age is permitted to use the tanning
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80	80	20 - 3 -2023 - 2024 Legislature
81	81	LRB-2823/1
82	82	JPC:emw
83	83	SECTION 5
84	84	SENATE BILL 261
85	85	facility unless the customer's parent or guardian provides written authorization for
86	86	the customer to use a tanning device.
87	87	(END)
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