S03456 Summary:

BILL NOS03456
 
SAME ASNo Same As
 
SPONSORSAVINO
 
COSPNSRESPAILLAT, HOYLMAN
 
MLTSPNSR
 
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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S03456 Actions:

BILL NOS03456
 
02/09/2015REFERRED TO HEALTH
01/06/2016REFERRED TO HEALTH
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S03456 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3456
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    February 9, 2015
                                       ___________
 
        Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
          printed to be committed 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.
    21    §  3.  Subdivision  4  of section 1399-bb of the public health law, as
    22  amended by chapter 508 of the laws  of  2000,  is  amended  to  read  as
    23  follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04281-02-5

        S. 3456                             2
 
     1    4.  The distribution of tobacco products or herbal cigarettes pursuant
     2  to subdivision two of this section shall be made only to  an  individual
     3  who demonstrates, through a driver's license or other photographic iden-
     4  tification card issued by a government entity or educational institution
     5  indicating  that  the individual is at least [eighteen] twenty-one years
     6  of age. Such identification need not be required of any  individual  who
     7  reasonably  appears  to  be at least twenty-five years of age; provided,
     8  however, that such appearance shall not  constitute  a  defense  in  any
     9  proceeding alleging the sale of a tobacco product or herbal cigarette to
    10  an individual.
    11    §  4.  Subdivisions 2, 3 and 7 of section 1399-cc of the public health
    12  law, as amended by chapter 542 of the laws of 2014, are amended to  read
    13  as follows:
    14    2.  Any person operating a place of business wherein tobacco products,
    15  herbal cigarettes, liquid nicotine, shisha or electronic cigarettes, are
    16  sold or offered for sale  is  prohibited  from  selling  such  products,
    17  herbal  cigarettes,  liquid  nicotine,  shisha, electronic cigarettes or
    18  smoking paraphernalia to individuals under [eighteen]  twenty-one  years
    19  of  age,  and  shall post in a conspicuous place a sign upon which there
    20  shall be imprinted the following statement, "SALE OF CIGARETTES, CIGARS,
    21  CHEWING TOBACCO, POWDERED TOBACCO, SHISHA  OR  OTHER  TOBACCO  PRODUCTS,
    22  HERBAL  CIGARETTES,  LIQUID  NICOTINE,  ELECTRONIC  CIGARETTES,  ROLLING
    23  PAPERS OR SMOKING PARAPHERNALIA, TO PERSONS UNDER [EIGHTEEN]  TWENTY-ONE
    24  YEARS  OF  AGE  IS  PROHIBITED  BY LAW." Such sign shall be printed on a
    25  white card in red letters at least one-half inch in height.
    26    3. Sale of  tobacco  products,  herbal  cigarettes,  liquid  nicotine,
    27  shisha  or electronic cigarettes in such places, other than by a vending
    28  machine, shall be made only to an individual who  demonstrates,  through
    29  (a)  a valid driver's license or non-driver's identification card issued
    30  by the commissioner of  motor  vehicles,  the  federal  government,  any
    31  United  States  territory,  commonwealth  or possession, the District of
    32  Columbia, a state government within the United States  or  a  provincial
    33  government  of the dominion of Canada, or (b) a valid passport issued by
    34  the United States government or any other country, or (c) an identifica-
    35  tion card issued by the armed forces of the  United  States,  indicating
    36  that the individual is at least [eighteen] twenty-one years of age. Such
    37  identification  need  not  be  required of any individual who reasonably
    38  appears to be at least twenty-five years of age, provided, however, that
    39  such appearance shall not constitute a defense in any proceeding  alleg-
    40  ing  the  sale of a tobacco product, herbal cigarettes, liquid nicotine,
    41  shisha or electronic cigarettes to an individual under eighteen years of
    42  age.
    43    7. No person operating a place of business wherein  tobacco  products,
    44  herbal  cigarettes, liquid nicotine, shisha or electronic cigarettes are
    45  sold or offered for sale shall sell, permit to be sold, offer  for  sale
    46  or display for sale any tobacco product, herbal cigarettes, liquid nico-
    47  tine,  shisha  or  electronic  cigarettes  in  any  manner,  unless such
    48  products and cigarettes are stored for sale (a) behind a counter  in  an
    49  area  accessible  only  to  the  personnel of such business, or (b) in a
    50  locked container; provided, however, such restriction shall not apply to
    51  tobacco businesses, as defined in subdivision eight of section  thirteen
    52  hundred ninety-nine-aa of this article, and to places to which admission
    53  is restricted to persons [eighteen] twenty-one years of age or older.
    54    §  5.  Subdivision (d) of section 1399-dd of the public health law, as
    55  amended by chapter 448 of the laws  of  2012,  is  amended  to  read  as
    56  follows:

        S. 3456                             3
 
     1    (d) in a place of employment which has an insignificant portion of its
     2  regular  workforce comprised of people under the age of [eighteen] twen-
     3  ty-one years and only in such locations that are not accessible  to  the
     4  general  public;  provided,  however, that in such locations the vending
     5  machine  is  located  in plain view and under the direct supervision and
     6  control of the person in charge of the location or his or her designated
     7  agent or employee.
     8    § 6. Subdivision 1 of section 1399-ff of the  public  health  law,  as
     9  amended  by  chapter  448  of  the  laws  of 2012, is amended to read as
    10  follows:
    11    1. Where a civil penalty  for  a  particular  incident  has  not  been
    12  imposed  or  an  enforcement action regarding an alleged violation for a
    13  particular incident is not pending under section thirteen hundred  nine-
    14  ty-nine-ee  of  this  article,  a parent or guardian of a [minor] person
    15  under twenty-one years of age to whom  tobacco  products,  herbal  ciga-
    16  rettes  or electronic cigarettes are sold or distributed in violation of
    17  this article may submit a complaint to an  enforcement  officer  setting
    18  forth  the  name  and  address  of the alleged violator, the date of the
    19  alleged violation, the name and  address  of  the  complainant  and  the
    20  [minor]  person  under  twenty-one  years  of age, and a brief statement
    21  describing the alleged violation. The enforcement officer  shall  notify
    22  the  alleged  violator  by  certified or registered mail, return receipt
    23  requested, that a complaint has been submitted, and shall set a date, at
    24  least fifteen days after the mailing of such notice, for  a  hearing  on
    25  the  complaint.  Such  notice shall contain the information submitted by
    26  the complainant.
    27    § 7. Paragraphs (b) and (c) of subdivision 2 of section 1399-ll of the
    28  public health law, as added by chapter 518 of  the  laws  of  2000,  are
    29  amended to read as follows:
    30    (b)  Any  person operating a tobacco business wherein bidis is sold or
    31  offered for sale is prohibited from selling such  bidis  to  individuals
    32  under  [eighteen] twenty-one years of age, and shall post in a conspicu-
    33  ous place a sign upon which  there  shall  be  imprinted  the  following
    34  statement,  "SALE  OF BIDIS TO PERSONS UNDER [EIGHTEEN] TWENTY-ONE YEARS
    35  OF AGE IS PROHIBITED BY LAW."  Such sign shall be  printed  on  a  white
    36  card in red letters at least one-half inch in height.
    37    (c)  Sales  of  bidis  by  a tobacco business shall be made only to an
    38  individual who demonstrates, through a driver's license or other  photo-
    39  graphic identification card issued by a government entity or educational
    40  institution  indicating that the individual is at least [eighteen] twen-
    41  ty-one years of age. Such identification need not  be  required  of  any
    42  individual  who  reasonably  appears to be at least twenty-five years of
    43  age, provided, however, that such  appearance  shall  not  constitute  a
    44  defense  in  any proceeding alleging the sale of a tobacco product to an
    45  individual under [eighteen] twenty-one years of age.
    46    § 8. Subdivision 1 and paragraphs (b) and  (c)  of  subdivision  2  of
    47  section 1399-mm of the public health law, as added by chapter 549 of the
    48  laws of 2003, are amended to read as follows:
    49    1. No person shall knowingly sell or provide gutka to any other person
    50  under  [eighteen]  twenty-one  years  of  age. No other provision of law
    51  authorizing the sale of tobacco products, other than subdivision two  of
    52  this  section,  shall  authorize  the  sale  of  gutka.   Any person who
    53  violates the provisions of this subdivision shall be subject to a  civil
    54  penalty of not more than five hundred dollars.
    55    (b)  Any  person operating a tobacco business wherein gutka is sold or
    56  offered for sale is prohibited from selling such  gutka  to  individuals

        S. 3456                             4
 
     1  under  [eighteen] twenty-one years of age, and shall post in a conspicu-
     2  ous place a sign upon which  there  shall  be  imprinted  the  following
     3  statement,  "SALE  OF GUTKA TO PERSONS UNDER [EIGHTEEN] TWENTY-ONE YEARS
     4  OF  AGE  IS  PROHIBITED BY LAW."   Such sign shall be printed on a white
     5  card in red letters at least one-half inch in height.
     6    (c) Sales of gutka by a tobacco business shall  be  made  only  to  an
     7  individual  who demonstrates, through a driver's license or other photo-
     8  graphic identification card issued by a government entity or educational
     9  institution indicating that the individual is at least [eighteen]  twen-
    10  ty-one  years  of  age.  Such identification need not be required of any
    11  individual who reasonably appears to be at least  twenty-five  years  of
    12  age,  provided,  however,  that  such  appearance shall not constitute a
    13  defense in any proceeding alleging the sale of a tobacco product  to  an
    14  individual under [eighteen] twenty-one years of age.
    15    §  9.  Subdivision  3  of section 260.21 of the penal law, as added by
    16  chapter 362 of the laws of 1992, is amended to read as follows:
    17    3. He or she sells or causes to be sold tobacco in any form to a child
    18  less than [eighteen] twenty-one years old.
    19    § 10. Section 17-714 of the administrative code of  the  city  of  New
    20  York,  as amended by local law number 69 of the city of New York for the
    21  year 2009, is amended to read as follows:
    22    § 17-714 Sale of herbal cigarettes to minors prohibited. It  shall  be
    23  unlawful  for  any person to sell or offer for sale herbal cigarettes to
    24  an individual under [eighteen] twenty-one years of age.
    25    § 11. This act shall take effect on  the  one  hundred  twentieth  day
    26  after it shall have become a law.
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