A00237 Summary:

BILL NOA00237
 
SAME ASNo Same As
 
SPONSORRosenthal
 
COSPNSRTitone, Mosley, Jaffee, Sepulveda, Robinson, Finch, Dinowitz
 
MLTSPNSRArroyo, Rivera
 
Amd SS1399-aa, 1399-bb, 1399-cc, 1399-dd, 1399-ff, 1399-ll & 1399-mm, Pub Health L; amd S260.21, Pen L; amd S17-714, NYC Ad Cd
 
Increases the age to purchase tobacco products from 18 years old to 21 years old.
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A00237 Actions:

BILL NOA00237
 
01/07/2015referred to health
01/06/2016referred to health
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A00237 Committee Votes:

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A00237 Floor Votes:

There are no votes for this bill in this legislative session.
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A00237 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           237
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2015
                                       ___________
 
        Introduced  by  M.  of  A. ROSENTHAL, TITONE, MOSLEY, JAFFEE, SEPULVEDA,
          ROBINSON, FINCH, DINOWITZ -- Multi-Sponsored by -- M.  of  A.  ARROYO,
          RIVERA -- read once and referred to the Committee on Health
 
        AN ACT to amend the public health law, the penal law and the administra-
          tive  code  of  the  city  of  New York, in relation to increasing the
          purchasing age for tobacco products from eighteen to twenty-one
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1.  Subdivision 4 of section 1399-aa of the public health law,
     2  as  added  by  chapter  799  of  the laws of 1992, is amended to read as
     3  follows:
     4    4. "Private club" means an organization with no more than an insignif-
     5  icant portion of its membership comprised of people  under  the  age  of
     6  [eighteen] twenty-one years that regularly receives dues and/or payments
     7  from its members for the use of space, facilities and services.
     8    §  2.  Paragraphs (b), (c) and (f) of subdivision 2 of section 1399-bb
     9  of the public health law, as amended by chapter 13 of the laws of  2003,
    10  are amended to read as follows:
    11    (b)  conventions  and  trade  shows; provided that the distribution is
    12  confined to designated areas generally accessible only to  persons  over
    13  the age of [eighteen] twenty-one;
    14    (c)  events  sponsored  by  tobacco  or herbal cigarette manufacturers
    15  provided that the distribution is confined to designated areas generally
    16  accessible only to persons over the age of [eighteen] twenty-one;
    17    (f) factories as defined  in  subdivision  nine  of  section  thirteen
    18  hundred  ninety-nine-aa of this article and construction sites; provided
    19  that the distribution is confined to designated areas generally accessi-
    20  ble only to persons over the age of [eighteen] twenty-one.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04281-01-5

        A. 237                              2
 
     1    § 3. Subdivision 4 of section 1399-bb of the  public  health  law,  as
     2  amended  by  chapter  508  of  the  laws  of 2000, is amended to read as
     3  follows:
     4    4.  The distribution of tobacco products or herbal cigarettes pursuant
     5  to subdivision two of this section shall be made only to  an  individual
     6  who demonstrates, through a driver's license or other photographic iden-
     7  tification card issued by a government entity or educational institution
     8  indicating  that  the individual is at least [eighteen] twenty-one years
     9  of age. Such identification need not be required of any  individual  who
    10  reasonably  appears  to  be at least twenty-five years of age; provided,
    11  however, that such appearance shall not  constitute  a  defense  in  any
    12  proceeding alleging the sale of a tobacco product or herbal cigarette to
    13  an individual.
    14    §  4.  Subdivisions 2, 3 and 7 of section 1399-cc of the public health
    15  law, as amended by chapter 448 of the laws of 2012, are amended to  read
    16  as follows:
    17    2.  Any person operating a place of business wherein tobacco products,
    18  herbal cigarettes, shisha or electronic cigarettes, are sold or  offered
    19  for  sale  is  prohibited from selling such products, herbal cigarettes,
    20  shisha, electronic cigarettes or smoking  paraphernalia  to  individuals
    21  under  [eighteen] twenty-one years of age, and shall post in a conspicu-
    22  ous place a sign upon which  there  shall  be  imprinted  the  following
    23  statement, "SALE OF CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED TOBAC-
    24  CO,  SHISHA  OR  OTHER  TOBACCO  PRODUCTS, HERBAL CIGARETTES, ELECTRONIC
    25  CIGARETTES, ROLLING PAPERS OR SMOKING PARAPHERNALIA,  TO  PERSONS  UNDER
    26  [EIGHTEEN]  TWENTY-ONE  YEARS  OF  AGE  IS PROHIBITED BY LAW." Such sign
    27  shall be printed on a white card in red letters at least  one-half  inch
    28  in height.
    29    3.  Sale  of tobacco products, herbal cigarettes, shisha or electronic
    30  cigarettes in such places, other than by a  vending  machine,  shall  be
    31  made  only  to an individual who demonstrates, through (a) a valid driv-
    32  er's license or non-driver's identification card issued by  the  commis-
    33  sioner  of  motor  vehicles,  the  federal government, any United States
    34  territory, commonwealth or possession, the District of Columbia, a state
    35  government within the United States or a provincial  government  of  the
    36  dominion  of Canada, or (b) a valid passport issued by the United States
    37  government or any other country, or (c) an identification card issued by
    38  the armed forces of the United States, indicating that the individual is
    39  at least [eighteen] twenty-one years of age.  Such  identification  need
    40  not  be required of any individual who reasonably appears to be at least
    41  twenty-five years of age, provided, however, that such appearance  shall
    42  not constitute a defense in any proceeding alleging the sale of a tobac-
    43  co  product,  herbal  cigarettes,  shisha or electronic cigarettes to an
    44  individual under eighteen years of age.
    45    7. No person operating a place of business wherein  tobacco  products,
    46  herbal  cigarettes,  shisha or electronic cigarettes are sold or offered
    47  for sale shall sell, permit to be sold, offer for sale  or  display  for
    48  sale  any tobacco product, herbal cigarettes, shisha or electronic ciga-
    49  rettes in any manner, unless such products and cigarettes are stored for
    50  sale (a) behind a counter in an area accessible only to the personnel of
    51  such business, or (b) in a locked  container;  provided,  however,  such
    52  restriction  shall not apply to tobacco businesses, as defined in subdi-
    53  vision eight of section thirteen hundred ninety-nine-aa of this article,
    54  and to places to which admission is  restricted  to  persons  [eighteen]
    55  twenty-one years of age or older.

        A. 237                              3
 
     1    §  5.  Subdivision (d) of section 1399-dd of the public health law, as
     2  amended by chapter 448 of the laws  of  2012,  is  amended  to  read  as
     3  follows:
     4    (d) in a place of employment which has an insignificant portion of its
     5  regular  workforce comprised of people under the age of [eighteen] twen-
     6  ty-one years and only in such locations that are not accessible  to  the
     7  general  public;  provided,  however, that in such locations the vending
     8  machine is located in plain view and under the  direct  supervision  and
     9  control of the person in charge of the location or his or her designated
    10  agent or employee.
    11    §  6.  Subdivision  1  of section 1399-ff of the public health law, as
    12  amended by chapter 448 of the laws  of  2012,  is  amended  to  read  as
    13  follows:
    14    1.  Where  a  civil  penalty  for  a  particular incident has not been
    15  imposed or an enforcement action regarding an alleged  violation  for  a
    16  particular  incident is not pending under section thirteen hundred nine-
    17  ty-nine-ee of this article, a parent or guardian  of  a  [minor]  person
    18  under  twenty-one  years  of  age to whom tobacco products, herbal ciga-
    19  rettes or electronic cigarettes are sold or distributed in violation  of
    20  this  article  may  submit a complaint to an enforcement officer setting
    21  forth the name and address of the alleged  violator,  the  date  of  the
    22  alleged  violation,  the  name  and  address  of the complainant and the
    23  [minor] person under twenty-one years of  age,  and  a  brief  statement
    24  describing  the  alleged violation. The enforcement officer shall notify
    25  the alleged violator by certified or  registered  mail,  return  receipt
    26  requested, that a complaint has been submitted, and shall set a date, at
    27  least  fifteen  days  after the mailing of such notice, for a hearing on
    28  the complaint. Such notice shall contain the  information  submitted  by
    29  the complainant.
    30    § 7. Paragraphs (b) and (c) of subdivision 2 of section 1399-ll of the
    31  public  health  law,  as  added  by chapter 518 of the laws of 2000, are
    32  amended to read as follows:
    33    (b) Any person operating a tobacco business wherein bidis is  sold  or
    34  offered  for  sale  is prohibited from selling such bidis to individuals
    35  under [eighteen] twenty-one years of age, and shall post in a  conspicu-
    36  ous  place  a  sign  upon  which  there shall be imprinted the following
    37  statement, "SALE OF BIDIS TO PERSONS UNDER [EIGHTEEN]  TWENTY-ONE  YEARS
    38  OF  AGE  IS  PROHIBITED BY LAW."   Such sign shall be printed on a white
    39  card in red letters at least one-half inch in height.
    40    (c) Sales of bidis by a tobacco business shall  be  made  only  to  an
    41  individual  who demonstrates, through a driver's license or other photo-
    42  graphic identification card issued by a government entity or educational
    43  institution indicating that the individual is at least [eighteen]  twen-
    44  ty-one  years  of  age.  Such identification need not be required of any
    45  individual who reasonably appears to be at least  twenty-five  years  of
    46  age,  provided,  however,  that  such  appearance shall not constitute a
    47  defense in any proceeding alleging the sale of a tobacco product  to  an
    48  individual under [eighteen] twenty-one years of age.
    49    §  8.  Subdivision  1  and  paragraphs (b) and (c) of subdivision 2 of
    50  section 1399-mm of the public health law, as added by chapter 549 of the
    51  laws of 2003, are amended to read as follows:
    52    1. No person shall knowingly sell or provide gutka to any other person
    53  under [eighteen] twenty-one years of age.  No  other  provision  of  law
    54  authorizing  the sale of tobacco products, other than subdivision two of
    55  this section, shall authorize  the  sale  of  gutka.    Any  person  who

        A. 237                              4
 
     1  violates  the provisions of this subdivision shall be subject to a civil
     2  penalty of not more than five hundred dollars.
     3    (b)  Any  person operating a tobacco business wherein gutka is sold or
     4  offered for sale is prohibited from selling such  gutka  to  individuals
     5  under  [eighteen] twenty-one years of age, and shall post in a conspicu-
     6  ous place a sign upon which  there  shall  be  imprinted  the  following
     7  statement,  "SALE  OF GUTKA TO PERSONS UNDER [EIGHTEEN] TWENTY-ONE YEARS
     8  OF AGE IS PROHIBITED BY LAW."  Such sign shall be  printed  on  a  white
     9  card in red letters at least one-half inch in height.
    10    (c)  Sales  of  gutka  by  a tobacco business shall be made only to an
    11  individual who demonstrates, through a driver's license or other  photo-
    12  graphic identification card issued by a government entity or educational
    13  institution  indicating that the individual is at least [eighteen] twen-
    14  ty-one years of age. Such identification need not  be  required  of  any
    15  individual  who  reasonably  appears to be at least twenty-five years of
    16  age, provided, however, that such  appearance  shall  not  constitute  a
    17  defense  in  any proceeding alleging the sale of a tobacco product to an
    18  individual under [eighteen] twenty-one years of age.
    19    § 9. Subdivision 3 of section 260.21 of the penal  law,  as  added  by
    20  chapter 362 of the laws of 1992, is amended to read as follows:
    21    3. He or she sells or causes to be sold tobacco in any form to a child
    22  less than [eighteen] twenty-one years old.
    23    §  10.  Section  17-714  of the administrative code of the city of New
    24  York, as amended by local law number 69 of the city of New York for  the
    25  year 2009, is amended to read as follows:
    26    §  17-714  Sale of herbal cigarettes to minors prohibited. It shall be
    27  unlawful for any person to sell or offer for sale herbal  cigarettes  to
    28  an individual under [eighteen] twenty-one years of age.
    29    §  11.  This  act  shall  take effect on the one hundred twentieth day
    30  after it shall have become a law.
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