A09299 Summary:
BILL NO | A09299D |
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SAME AS | SAME AS S07027-C |
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SPONSOR | Rosenthal |
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COSPNSR | Weprin, Gottfried |
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MLTSPNSR | |
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Amd SS1399-aa & 1399-cc, Pub Health L; amd S17-706, NYC Ad Cd; add S399-gg, Gen Bus L | |
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Prohibits the sale of liquid nicotine to minors under the age of eighteen across the state and under the age of twenty-one in the city of New York; requires containers of electronic liquid to be child resistant. |
A09299 Actions:
BILL NO | A09299D | |||||||||||||||||||||||||||||||||||||||||||||||||
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04/08/2014 | referred to health | |||||||||||||||||||||||||||||||||||||||||||||||||
05/05/2014 | amend (t) and recommit to health | |||||||||||||||||||||||||||||||||||||||||||||||||
05/05/2014 | print number 9299a | |||||||||||||||||||||||||||||||||||||||||||||||||
05/13/2014 | reported referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
05/28/2014 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
05/30/2014 | advanced to third reading cal.853 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/02/2014 | amended on third reading 9299b | |||||||||||||||||||||||||||||||||||||||||||||||||
06/12/2014 | amended on third reading 9299c | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2014 | amended on third reading (t) 9299d | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2014 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2014 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2014 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2014 | SUBSTITUTED FOR S7027C | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2014 | 3RD READING CAL.565 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2014 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2014 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
12/17/2014 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
12/29/2014 | signed chap.542 |
A09299 Floor Votes:
Yes
Abbate
Yes
Curran
Yes
Hawley
Yes
Markey
Yes
Quart
Yes
Steck
Yes
Abinanti
Yes
Cusick
Yes
Heastie
Yes
Mayer
Yes
Ra
Yes
Stirpe
Yes
Arroyo
Yes
Cymbrowitz
Yes
Hennessey
Yes
McDonald
Yes
Raia
Yes
Sweeney
Yes
Aubry
Yes
Davila
Yes
Hevesi
Yes
McDonough
Yes
Ramos
Yes
Tedisco
Yes
Barclay
Yes
DenDekker
Yes
Hikind
Yes
McKevitt
Yes
Rivera
ER
Tenney
Yes
Barrett
Yes
Dinowitz
Yes
Hooper
Yes
McLaughlin
Yes
Roberts
Yes
Thiele
Yes
Benedetto
Yes
DiPietro
Yes
Jacobs
Yes
Miller
Yes
Robinson
Yes
Titone
Yes
Blankenbush
Yes
Duprey
Yes
Jaffee
Yes
Millman
Yes
Rodriguez
Yes
Titus
Yes
Borelli
Yes
Englebright
Yes
Johns
Yes
Montesano
Yes
Rosa
Yes
Walter
Yes
Braunstein
Yes
Fahy
Yes
Katz
Yes
Morelle
Yes
Rosenthal
Yes
Weinstein
Yes
Brennan
Yes
Farrell
Yes
Kavanagh
Yes
Mosley
Yes
Rozic
ER
Weisenberg
Yes
Brindisi
Yes
Finch
Yes
Kearns
Yes
Moya
Yes
Russell
Yes
Weprin
Yes
Bronson
Yes
Fitzpatrick
AB
Kellner
Yes
Nojay
Yes
Ryan
Yes
Wright
Yes
Brook-Krasny
Yes
Friend
Yes
Kim
Yes
Nolan
Yes
Saladino
Yes
Zebrowski
Yes
Buchwald
Yes
Galef
Yes
Kolb
Yes
Oaks
Yes
Santabarbara
Yes
Mr. Speaker
Yes
Butler
Yes
Gantt
Yes
Lalor
Yes
O'Donnell
Yes
Scarborough
Yes
Cahill
Yes
Garbarino
Yes
Lavine
Yes
Ortiz
Yes
Schimel
ER
Camara
Yes
Giglio
Yes
Lentol
Yes
Otis
Yes
Schimminger
Yes
Ceretto
Yes
Gjonaj
Yes
Lifton
Yes
Palmesano
Yes
Sepulveda
Yes
Clark
Yes
Glick
Yes
Lopez
Yes
Palumbo
Yes
Simanowitz
Yes
Colton
Yes
Goldfeder
Yes
Lupardo
Yes
Paulin
Yes
Simotas
Yes
Cook
Yes
Goodell
Yes
Lupinacci
Yes
Peoples-Stokes
Yes
Skartados
Yes
Corwin
AB
Gottfried
Yes
Magee
Yes
Perry
Yes
Skoufis
Yes
Crespo
Yes
Graf
Yes
Magnarelli
Yes
Pichardo
Yes
Solages
Yes
Crouch
Yes
Gunther
Yes
Malliotakis
Yes
Pretlow
Yes
Stec
‡ Indicates voting via videoconference
A09299 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 9299--D Cal. No. 853 IN ASSEMBLY April 8, 2014 ___________ Introduced by M. of A. ROSENTHAL, WEPRIN, GOTTFRIED -- read once and referred to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- reported and referred to the Committee on Codes -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading -- again amended on third reading, ordered reprinted, retaining its place on the order of third reading -- again amended on third reading, ordered reprinted, retaining its place on the order of third reading AN ACT to amend the public health law and the administrative code of the city of New York, in relation to prohibiting the sale of liquid nico- tine to minors; and to amend the general business law, in relation to the packaging of electronic liquid The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 13 of section 1399-aa of the public health 2 law, as added by chapter 448 of the laws of 2012, is amended to read as 3 follows: 4 13. "Electronic cigarette" or "e-cigarette" means [a battery-operated5device that contains cartridges filled with a combination of nicotine,6flavor and chemicals that are turned into vapor which is inhaled by the7user] an electronic device that delivers vapor which is inhaled by an 8 individual user, and shall include any refill, cartridge and any other 9 component of such a device. 10 § 2. Section 1399-cc of the public health law, as amended by chapter 11 131 of the laws of 2011, subdivisions 2, 3, 4 and 7 as amended by chap- 12 ter 448 of the laws of 2012, is amended to read as follows: 13 § 1399-cc. Sale of tobacco products, herbal cigarettes, liquid nico- 14 tine, shisha, rolling papers or smoking paraphernalia to minors prohib- 15 ited. 1. As used in this section: 16 (a) "A device capable of deciphering any electronically readable 17 format" or "device" shall mean any commercial device or combination of 18 devices used at a point of sale or entry that is capable of reading the 19 information encoded on the bar code or magnetic strip of a driver's EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14563-13-4A. 9299--D 2 1 license or non-driver identification card issued by the state commis- 2 sioner of motor vehicles; 3 (b) "Card holder" means any person presenting a driver's license or 4 non-driver identification card to a licensee, or to the agent or employ- 5 ee of such licensee under this chapter; 6 (c) "Smoking paraphernalia" means any pipe, water pipe, hookah, roll- 7 ing papers, vaporizer or any other device, equipment or apparatus 8 designed for the inhalation of tobacco; [and] 9 (d) "Transaction scan" means the process involving an automated bar 10 code reader by which a licensee, or agent or employee of a licensee 11 under this chapter reviews a driver's license or non-driver identifica- 12 tion card presented as a precondition for the purchase of a tobacco 13 product or herbal cigarettes pursuant to subdivision three of this 14 section; and 15 (e) "Liquid nicotine", "electronic liquid" or "e-liquid" means a 16 liquid composed of nicotine and other chemicals, and which is sold as a 17 product that may be used in an electronic cigarette. 18 2. Any person operating a place of business wherein tobacco products, 19 herbal cigarettes, liquid nicotine, shisha or electronic cigarettes, are 20 sold or offered for sale is prohibited from selling such products, 21 herbal cigarettes, liquid nicotine, shisha, electronic cigarettes or 22 smoking paraphernalia to individuals under eighteen years of age, and 23 shall post in a conspicuous place a sign upon which there shall be 24 imprinted the following statement, "SALE OF CIGARETTES, CIGARS, CHEWING 25 TOBACCO, POWDERED TOBACCO, SHISHA OR OTHER TOBACCO PRODUCTS, HERBAL 26 CIGARETTES, LIQUID NICOTINE, ELECTRONIC CIGARETTES, ROLLING PAPERS OR 27 SMOKING PARAPHERNALIA, TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIB- 28 ITED BY LAW." Such sign shall be printed on a white card in red letters 29 at least one-half inch in height. 30 3. Sale of tobacco products, herbal cigarettes, liquid nicotine, 31 shisha or electronic cigarettes in such places, other than by a vending 32 machine, shall be made only to an individual who demonstrates, through 33 (a) a valid driver's license or non-driver's identification card issued 34 by the commissioner of motor vehicles, the federal government, any 35 United States territory, commonwealth or possession, the District of 36 Columbia, a state government within the United States or a provincial 37 government of the dominion of Canada, or (b) a valid passport issued by 38 the United States government or any other country, or (c) an identifica- 39 tion card issued by the armed forces of the United States, indicating 40 that the individual is at least eighteen years of age. Such identifica- 41 tion need not be required of any individual who reasonably appears to be 42 at least twenty-five years of age, provided, however, that such appear- 43 ance shall not constitute a defense in any proceeding alleging the sale 44 of a tobacco product, herbal cigarettes, liquid nicotine, shisha or 45 electronic cigarettes to an individual under eighteen years of age. 46 4. (a) Any person operating a place of business wherein tobacco 47 products, herbal cigarettes, liquid nicotine, shisha or electronic ciga- 48 rettes are sold or offered for sale may perform a transaction scan as a 49 precondition for such purchases. 50 (b) In any instance where the information deciphered by the trans- 51 action scan fails to match the information printed on the driver's 52 license or non-driver identification card, or if the transaction scan 53 indicates that the information is false or fraudulent, the attempted 54 transaction shall be denied. 55 (c) In any proceeding pursuant to section thirteen hundred ninety- 56 nine-ee of this article, it shall be an affirmative defense that suchA. 9299--D 3 1 person had produced a driver's license or non-driver identification card 2 apparently issued by a governmental entity, successfully completed that 3 transaction scan, and that the tobacco product [or], herbal cigarettes 4 or liquid nicotine had been sold, delivered or given to such person in 5 reasonable reliance upon such identification and transaction scan. In 6 evaluating the applicability of such affirmative defense the commission- 7 er shall take into consideration any written policy adopted and imple- 8 mented by the seller to effectuate the provisions of this chapter. Use 9 of a transaction scan shall not excuse any person operating a place of 10 business wherein tobacco products, herbal cigarettes, liquid nicotine, 11 shisha or electronic cigarettes are sold, or the agent or employee of 12 such person, from the exercise of reasonable diligence otherwise 13 required by this chapter. Notwithstanding the above provisions, any such 14 affirmative defense shall not be applicable in any civil or criminal 15 proceeding, or in any other forum. 16 5. A licensee or agent or employee of such licensee shall only use a 17 device capable of deciphering any electronically readable format, and 18 shall only use the information recorded and maintained through the use 19 of such devices, for the purposes contained in subdivision four of this 20 section. No licensee or agent or employee of a licensee shall resell or 21 disseminate the information recorded during such a scan to any third 22 person. Such prohibited resale or dissemination includes but is not 23 limited to any advertising, marketing or promotional activities. 24 Notwithstanding the restrictions imposed by this subdivision, such 25 records may be released pursuant to a court ordered subpoena or pursuant 26 to any other statute that specifically authorizes the release of such 27 information. Each violation of this subdivision shall be punishable by a 28 civil penalty of not more than one thousand dollars. 29 6. A licensee or agent or employee of such a licensee may electron- 30 ically or mechanically record and maintain only the information from a 31 transaction scan necessary to effectuate this section. Such information 32 shall be limited to the following: (a) name, (b) date of birth, (c) 33 driver's license or non-driver identification number, and (d) expiration 34 date. The commissioner and state commissioner of motor vehicles shall 35 jointly promulgate any regulations necessary to govern the recording and 36 maintenance of these records by a licensee under this chapter. The 37 commissioner and the state liquor authority shall jointly promulgate any 38 regulation necessary to ensure quality control in the use of the trans- 39 action scan devices under this chapter and article five of the alcoholic 40 beverage control law. 41 7. No person operating a place of business wherein tobacco products, 42 herbal cigarettes, liquid nicotine, shisha or electronic cigarettes are 43 sold or offered for sale shall sell, permit to be sold, offer for sale 44 or display for sale any tobacco product, herbal cigarettes, liquid nico- 45 tine, shisha or electronic cigarettes in any manner, unless such 46 products and cigarettes are stored for sale (a) behind a counter in an 47 area accessible only to the personnel of such business, or (b) in a 48 locked container; provided, however, such restriction shall not apply to 49 tobacco businesses, as defined in subdivision eight of section thirteen 50 hundred ninety-nine-aa of this article, and to places to which admission 51 is restricted to persons eighteen years of age or older. 52 § 3. Section 17-706 of the administrative code of the city of New 53 York, as amended by local law number 94 of the city of New York for the 54 year 2013, is amended to read as follows: 55 § 17-706 Sale of cigarettes, tobacco products, liquid nicotine, or 56 electronic cigarettes to minors and young adults prohibited.A. 9299--D 4 1 a. Any person operating a place of business wherein cigarettes, tobac- 2 co products, liquid nicotine, or electronic cigarettes are sold or 3 offered for sale is prohibited from selling such cigarettes, tobacco 4 products, liquid nicotine, or electronic cigarettes to individuals under 5 twenty-one years of age. Sale of cigarettes, tobacco products, liquid 6 nicotine, or electronic cigarettes in such places shall be made only to 7 an individual who demonstrates, through a driver's license or other 8 photographic identification card issued by a government entity or educa- 9 tional institution, that the individual is at least twenty-one years of 10 age. Such identification need not be required of any individual who 11 reasonably appears to be at least thirty years of age, provided, howev- 12 er, that such appearance shall not constitute a defense in any proceed- 13 ing alleging the sale of cigarettes, tobacco products, liquid nicotine 14 or electronic cigarettes to an individual under twenty-one years of age. 15 b. Any person operating a place of business wherein non-tobacco 16 shisha, pipes, or rolling papers are sold or offered for sale is prohib- 17 ited from selling such non-tobacco shisha, pipes, or rolling papers to 18 individuals under eighteen years of age. Sale of non-tobacco shisha, 19 pipes, or rolling papers in such places shall be made only to an indi- 20 vidual who demonstrates, through a driver's license or other photograph- 21 ic identification card issued by a government entity or educational 22 institution, that the individual is at least eighteen years of age. Such 23 identification need not be required of any individual who reasonably 24 appears to be at least twenty-five years of age, provided, however, that 25 such appearance shall not constitute a defense in any proceeding alleg- 26 ing the sale of non-tobacco shisha, pipes, or rolling papers to an indi- 27 vidual under eighteen years of age. 28 c. Any person operating a place of business wherein cigarettes, tobac- 29 co products, liquid nicotine, electronic cigarettes, herbal cigarettes, 30 non-tobacco shisha, pipes, or rolling papers are sold or offered for 31 sale shall post in a conspicuous place a sign, in accordance with the 32 rules of the department, advising persons about the minimum age require- 33 ments for the purchase of such items. 34 § 4. The general business law is amended by adding a new section 399- 35 gg to read as follows: 36 § 399-gg. Packaging of electronic liquid. 1. No person, firm or 37 corporation shall sell or offer for sale any electronic liquid, as 38 defined in paragraph (e) of subdivision one of section thirteen hundred 39 ninety-nine-cc of the public health law, unless the electronic liquid is 40 sold or offered for sale in a child resistant bottle which is designed 41 to prevent accidental exposure of children to electronic liquids. 42 2. Any violation of this section shall be punishable by a civil penal- 43 ty not to exceed one thousand dollars. 44 § 5. This act shall take effect immediately.