ITA Update 1/25/13

[Robert K]

Indoor Tanning Association, Inc., 2025 M St, NW Suite 800 Washington, DC 20036 · Phone: 888-377-0477 · Fax: 202-367-2142

Member Update 01/25/2013:

In This issue:

Presidents Message

New Congress

State Issues 2013 Outlook

President's Message
As was the case two years ago, there are many new faces in the Congress that convened on January 3, 2013 -- 98 total between the two Houses of the Congress, 14 new Senators and 84 freshmen House Members. These new elected officials present an excellent opportunity to introduce our industry and define ourselves before our detractors do so for us.

Our Washington team is already on the Capitol Hill but we all need to do our part as well. Former House Speaker Thomas O'Neill once said "all politics is local” and I wholeheartedly agree! There is nothing more effective than making a local connection with your elected officials.If your Congressman, Congresswoman or Senator is one of the newbies, I encourage you to reach out to him or her at your first opportunity.

The House will be in recess in late January and both the House and Senate will be out for the President's Day recess, the third week in February. Schedule a one-on-one meeting, attend a town hall meeting or just stop by the district office and introduce yourself.


Thanks, Rob
New Congress Presents New Challenges, New Opportunities

Although the 112thCongress was able to avoid the ‘fiscal cliff” with a last minute deal on tax rates and by postponing the automatic spending cuts in the "sequester”, the deal also created significant and immediate problems for the 113thCongress which convened on January 3, 2013.

The legislation that passed on the last day of the session postponed any automatic spending cuts for two months. That deadline coupled with Federal spending reaching the statutory debt limit at approximately the same time creates a hurdle the new Congress will be forced to address very quickly after the President is sworn in late January.

While thinking members of both political parties agree the national debt is the critical issue facing our nation, there is no agreement on how to address it. In addition to some spending cuts, the President and many Democrats will ask for additional revenues (i.e. tax increases) beyond the billions in new taxes that were added inthe recent deal. Republicans generally believe the problem is spending, including reigning in entitlement spending, and that all spending must be curtailed. Irrespective of who wins that battle, a re-write of the tax code will likely be a part of any comprehensive solution and we will be working hard to make sure a repeal of the tax tan is in the package.

Congressman Grimm has pledged to lead our cause in the House and we are working to secure a Senate sponsor. Now that the Supreme Court has made the Affordable Healthcare Act the law of the land, it is our hope that we can secure some Democratic support for repeal of the tax.
Despite some grumbling, Congressman John Boehner (R-OH) was reelected as Speaker of the House of Representatives and there were no major changes in the leadership of either party. However, there were changes in committee leadership that will affect our industry.

Representative Jack Kingston (R-GA), who was chairman of the House appropriations subcommittee responsible for funding the FDA in the last congress was term-limited out of that position and will now chair the subcommittee responsible for funding the Department of Health and Human Services. The new Agriculture/FDA Appropriations Subcommittee chairman is Representative RobertAderholt (R-AL). This is a critically important committee for our industry because it is in this committee that multiple attempts have been made to force the FDA to reclassify sunbeds and sunlamps to a much more restrictive class of medical device. We will be making certain that the new chairman is familiar with our industry and well aware of therole these small businesses play in the local economy.

In addition, there is a new chairman of the powerful House Committee on Rules. Representative Pete Sessions (R-TX), who chaired the National Republican Congressional Committee (NRCC) for the past four years, stepped down from that position to lead the Rules Committee. Many in our industry have met Chairman Sessions through fundraising events in support of the NRCC.

State Issues – 2013 Outlook
This is the first year of a two-year legislative cycle and most of the state legislatures have convened.Unfortunately, early indications point to a very busy 2013 state legislative agenda. The chair of the Indiana Senate Health Committee introduced S. 269, a bill to ban teen tanning under age 18. This is the first time age restrictions have been proposed in Indiana. In Texas, we have a replay of the 2009 attempt to ban teens under 18. Nebraska is looking at an under 18 ban for the first time and Virginia is considering additional requirements for teenage customers.
Last year in Illinois two major cities, Chicago and Springfield, passed bans on teen tanning and we can only assume that this local action will spur the legislature to try to pass a statewide ban this year.We also received a report that Arizona will make another run at banning teens this session.

With Vermont banning teens in 2012 and Rhode Island placing additional restrictions on parental consent, we also expect neighboring New England states to try tofollow suit in 2013. For example,we knowthe Connecticut Dermatological Society has listed legislation to ban minors from indoor tanning as its top priority and this effort will be supported bythe Connecticut State Medical Society.Massachusetts has been considering restrictions for a number of years. Maine is rumored to be considering another teen tan ban.

We also expect fallout from the "New Jersey tanning mom” to spread to neighboring Delaware and Pennsylvania this year, and in New Jersey legislation on teen access carries over from the 2012 session. As previously reported, we also expectteen tanning restrictions to be proposed in North Carolina because theChild Fatality Task Force in that state is recommending that the legislature take action.

These are links to the legislation of which we are currently aware:

Indiana S.269 – Under 18 ban

Nebraska LB132. Under 18 ban

New Jersey S1172 – Under 18 ban
A2142 – Under 18 ban

Texas HB598 - Under 18 ban

Virginia SB1274 – Under 14 ban, additional restrictions

Please Support the Indoor Tanning Association

If you are a current member, again, we thank you for your support. If you are not, please step up and invest in your industry!For less than a dollar a day, you can be a part of a great organization, the industry's association that works for you 24/7. Please join today! Visit www.theita.com or call the ITA for more information.