The Nanny State: Don Van Etten goes into the yard and digs up 2007’s worst legislation. The “Tan Ban” rises from the grave

Some people just don’t learn their lesson.

Last year, the biggest object of ridicule in the in the legislative session was the bill that intended to perpetuate the misguided mentality of saving us because “us citizens is just too stoopid.” That measure was the regulation that erupted forth from Senator Hoerth to ban tanning for those under 18 in Senate Bill 208.

His partner in crimes against “people being able to actually make a decision for ourselves” last year was Representative Don Van Etten. Well, possibly thinking that the measure failed last year because it was introduced by a Democrat, this year Republican Van Etten brought a similar albeit equally as bad measure.

For you legislators who have signed on to it. Sorry. It didn’t die because it was a Democrat’s bill. It died because it was and remains a stupid idea. And this year’s measure is worse.

The major change in this year’s version from that originally introduced last session is that it removed the outright ban on those under 18, and replaced it with a permission form that must be signed and notarized. (Note to Chris Nelson: Please be prepared for the flurry of notary applications from tanning shop operators).

And in a unique twist (that was sarcasm), the nanny staters have slapped a label on the old bill that should read “Now with more government bureaucracy.” Yes, the new measure, HB 1128, aside from instituting mandatory disclaimers that must be signed yearly, and the “tanning injury/incident reports” that last year’s bill contained, the new measure adds:

(As mentioned) The signed and notarized permission forms. Signed yearly: The parent or legal guardian shall provide a notarized statement of consent or sign the consent form in the presence of the owner of the tanning facility or an employee responsible for the operation of the tanning device of the facility. The written consent form expires twelve months from the date signed. A customer under the age of fourteen years may not utilize a tanning device at a tanning facility without a written order from a physician licensed in this state and without being accompanied by a parent or legal guardian for every use of the tanning facility;

Routine tanning inspections by the Department of Health: The permit fee shall be based on the cost of conducting routine and complaint inspections and enforcement actions and the cost of preparing and sending license renewals.

The creation of a state fund dedicated to tanning: The state treasurer shall credit the money to the tanning device regulation fund, which fund is hereby created. Any expenditure from the fund shall be made only by appropriation by the Legislature through the General Appropriation Act or a special appropriation bill. The secretary of health shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Mandatory Health Care Provider reporting: If a health care provider treats a patient for a sunburn injury and determines, in the exercise of professional judgment, that the injury occurred as a result of using a tanning device at a tanning facility, the health care provider shall report the circumstances of the injury to the department.

Read all of this sad, shameful example of legislation here.

They’re actually contemplating mandatory health department reporting of sunburns? I guess they can put them in the packet along with the child abuse and spousal abuse reporting forms, since these legislators apparently think sunburns are of equal importance.

Representatives Van Etten, Ahlers, Boomgarden, Elliott, Jerke, Kirkeby, Lucas, Miles, Noem, Nygaard, Peters, Rave, Steele, and Wick and Senators Hoerth, Hanson (Gary), Hundstad, Jerstad, Katus, Maher, Sutton, and Nancy Turbak Berry all need to take a good hard look at themselves and make a decision as to whether or not they’re for big government (and the increasing taxes needed to support it), or if they might pause for a moment and consider that people are capable of making their own decisions without government telling us how.

Not only is this bill ridiculous – but it’s offensive to the notion of a society above the age of two. I (and I suspect many others) don’t need a parent in the form of the Department of Health, and a set of laws every time someone has a gastrointestinal disturbance in the legislature.

Contact your legislators:

And let them know this bill, and the notion that they think they need to pass measures like this offends you.

Encourage them to take the right path towards smaller government. For all our sake.

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Comments

Don’t these guys ever listen to the real police?

http://www.youtube.com/watch?v=jXq3hO82cTY

There are more important bills for people to get outraged over.

If it saves just one life, it is well worth it.

now this might just be an abuse of the state’s police power, pp. i’ll give you this one.

Stupid, just plain stupid and wasteful. PP, what does it cost SD taxpayers when any bill is introduced?

Now here’s a question I have: Where do these legislators get these ideas for such bad legislation? Do they have a personal beef against what they want to legislate against? Do they really feel that all this “busywork” will make them more powerful? Are their egos that fragile that they need to churn out massive amounts of paper to feel good?

If someone ever asks me to run for office, hit me over the head with a hammer until I come to my senses.

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