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A09879 Summary:

BILL NOA09879
 
SAME ASSAME AS S01874
 
SPONSORGriffin
 
COSPNSR
 
MLTSPNSR
 
Add Art 13-F §1399-mm-4, Pub Health L
 
Makes it unlawful for a person under the age of 21 to possess tobacco or vaping products; provides for a fine not exceeding fifty dollars and/or completion of a tobacco awareness program.
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A09879 Actions:

BILL NOA09879
 
04/19/2022referred to health
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A09879 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9879
 
SPONSOR: Griffin
  TITLE OF BILL: An act to amend the public health law, in relation to making it unlawful for a person under the age of twenty-one to possess tobacco and vaping products   PURPOSE: To prevent teenagers and young adults from becoming addicted to nico- tine.   SUMMARY OF PROVISIONS: Section 1: Amends the public health law to make possession of any tobac- co or vaping product by people under age 21 illegal. Specifies that possession of these products is not grounds for arrest and sets a - maximum fine of-$50 dollars and/or completion of a tobacco awareness program,-and/or-an-appropriate--amount of community service not to exceed 30 hours. Section 2: Effective date.   JUSTIFICATION: Smoking or vaping nicotine products leads to addiction and dramatically increases the risk of death from cancer, respiratory diseases, and seri- ous health issues. New York is increasingly taking action to protect older teens and young adults from severe risks. In 2019, the Legislature passed a bill (S2833) to raise the minimum age to purchase tobacco products from 18 to 21 years old. This bill would go further in making possession (not just purchase) of tobacco or vaping products illegal for people under age 21. The purpose of the bill is to curb smoking by adolescents by allowing minors found in possession of tobacco products to be cited.   LEGISLATIVE HISTORY: 2020 - 56826 Referred to Health / No Assembly Same-as   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
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A09879 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9879
 
                   IN ASSEMBLY
 
                                     April 19, 2022
                                       ___________
 
        Introduced  by M. of A. GRIFFIN -- read once and referred to the Commit-
          tee on Health
 
        AN ACT to amend the public health law, in relation to making it unlawful
          for a person under the age of twenty-one to possess tobacco and vaping
          products
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Article 13-F of the public health law is amended by adding
     2  a new section 1399-mm-4 to read as follows:
     3    § 1399-mm-4. Unlawful possession of  tobacco  or  vaping  products  by
     4  persons  under  the  age  of  twenty-one years. 1.   Except as otherwise
     5  provided in this section, no person under the age  of  twenty-one  years
     6  shall possess any tobacco or vaping product.
     7    2. Any person who unlawfully possesses a tobacco or vaping product may
     8  be  summoned  before and examined by a court having jurisdiction of that
     9  charge; provided, however, that nothing in this section shall  authorize
    10  or  be  construed  to  authorize a peace officer, a police officer or an
    11  enforcement officer to arrest a person who unlawfully possesses a tobac-
    12  co or vaping product.  If a determination is made sustaining such charge
    13  the court may impose a civil fine not  exceeding  fifty  dollars  and/or
    14  completion  of  a  tobacco  awareness  program  if such program is being
    15  offered and/or an appropriate amount of community service not to  exceed
    16  thirty hours.
    17    3.  No  such  determination shall operate as a disqualification of any
    18  such person subsequently to hold public office, public employment or  as
    19  a forfeiture of any right or privilege or to receive any license granted
    20  by  public authority; and no such person shall be denominated a criminal
    21  by reason of such determination, nor shall such determination be  deemed
    22  a conviction.
    23    4.  Whenever a peace officer, police officer or an enforcement officer
    24  shall  observe  a  person  under  twenty-one  years  of  age  openly  in
    25  possession  of  a  tobacco or vaping product, such officer may seize the
    26  tobacco or vaping product and shall deliver it to the custody of his  or
    27  her department.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06025-01-1

        A. 9879                             2
 
     1    5.  Any  tobacco or vaping product seized in violation of this section
     2  is hereby declared a nuisance. The  official  to  whom  the  tobacco  or
     3  vaping  product  has  been  delivered  shall, no earlier than three days
     4  following the return date for initial appearance on the summons, dispose
     5  of  or  destroy  the  tobacco or vaping product seized or cause it to be
     6  disposed of or destroyed. Any person claiming ownership of a tobacco  or
     7  vaping product seized under this section may, on the initial return date
     8  of the summons or earlier on five days notice to the official or depart-
     9  ment  in possession of the tobacco or vaping product, apply to the court
    10  for an order preventing the destruction or disposal of  the  tobacco  or
    11  vaping  product seized and ordering the return of that tobacco or vaping
    12  product. The court may order the tobacco or vaping product  returned  if
    13  it  is  determined that return of the tobacco or vaping product would be
    14  in the interest of justice or that the tobacco  or  vaping  product  was
    15  improperly seized.
    16    6.  For purposes of this section, "vaping products" shall mean the use
    17  of an electronic cigarette or any products associated with  the  use  of
    18  such.
    19    § 2. This act shall take effect on the first of November next succeed-
    20  ing the date on which it shall have become a law.
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