New York A 11491: Requires liability insurance coverage for tanning facilities

Bill Text

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A11491 Summary:

BILL NOA11491 

&nbsp

SAME ASSAME AS S10097-A

&nbsp

SPONSORRules (Lunsford)

&nbsp

COSPNSRKelles

&nbsp

MLTSPNSR

&nbsp

Add §3557, amd §3554, Pub Health L

&nbsp

Requires certain liability insurance covering bodily injuries and personal injuries arising out of the operation or use of ultraviolet radiation devices at tanning facilities.

Go to top A11491 Actions:

BILL NOA11491 

&nbsp

05/28/2026referred to health

Go to topA11491 Committee&nbspVotes:

Go to topA11491 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA11491 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 11491

 IN ASSEMBLY

 May 28, 2026
 ___________

 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Lunsford) --
 read once and referred to the Committee on Health

 AN ACT to amend the public health law, in relation to requiring liabil-
 ity insurance coverage for tanning facilities

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Legislative findings and intent. The legislature hereby
 2 finds that:
 3 1. Commercial tanning facilities operating ultraviolet radiation
 4 devices present a foreseeable risk of bodily injury, including burns,
 5 eye damage, and long-term health effects associated with ultraviolet
 6 exposure;
 7 2. Individuals injured at tanning facilities may face substantial
 8 medical expenses, and facility owners may lack adequate financial
 9 resources to compensate injured patrons in the absence of insurance
 10 coverage;
 11 3. New York currently regulates tanning facilities with respect to
 12 permitting, age restrictions, equipment standards, and consumer warn-
 13 ings, but does not expressly require liability insurance as a condition
 14 of operation;
 15 4. Requiring liability insurance will help promote consumer
 16 protection, financial responsibility, and continuity of legitimate busi-
 17 ness operations, while reducing uncompensated injuries and litigation
 18 burdens; and
 19 5. Similar insurance requirements exist for other consumers facing
 20 businesses that present a comparable risk of physical injury.
 21 This legislature therefore declares that it is in the public interest
 22 to require operators of commercial tanning facilities to maintain
 23 liability insurance coverage as a condition of operation within New York
 24 state.
 25 § 2. The public health law is amended by adding a new section 3557 to
 26 read as follows:
 27 § 3557. Liability insurance required for tanning facilities. 1. Every
 28 owner or operator of a tanning facility, as defined in subdivision one

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15665-03-6

 A. 11491 2

 1 of section thirty-five hundred fifty of this article, shall obtain and
 2 continuously maintain commercial general liability insurance or profes-
 3 sional liability insurance, or a combination thereof, covering bodily
 4 injury and personal injury arising out of the operation or use of ultra-
 5 violet radiation devices. Such insurance shall provide coverage of not
 6 less than:
 7 (a) one million dollars per occurrence for bodily injury or personal
 8 injury; and
 9 (b) two million dollars in the aggregate for all claims arising
 10 during the policy period.
 11 2. Proof of the insurance coverage required by this section shall be
 12 submitted to the department:
 13 (a) at the time of initial application for a license to operate a
 14 tanning facility; and
 15 (b) upon renewal of such license, or upon request by the department.
 16 3. A tanning facility shall notify the department in writing within
 17 ten days of any cancellation, nonrenewal or material modification of the
 18 insurance coverage required by this section.
 19 4. No person shall operate a tanning facility without maintaining the
 20 insurance coverage required by this section. The failure of a tanning
 21 facility to maintain such insurance coverage shall constitute a
 22 violation of this article and may result in the suspension or revocation
 23 of such tanning facility's license, civil penalties, or such other
 24 enforcement action as authorized by law. No license shall be reissued
 25 for