S02833 Summary:

BILL NOS02833
 
SAME ASSAME AS A00558-A
 
SPONSORSAVINO
 
COSPNSRADDABBO, AKSHAR, BIAGGI, CARLUCCI, GAUGHRAN, KAPLAN, KENNEDY, LANZA, METZGER
 
MLTSPNSR
 
Amd 1399-aa, 1399-bb, 1399-cc, 1399-dd, 1399-ff, 1399-ll & 1399-mm, Pub Health L; amd 260.21, Pen L
 
Increases the age to purchase tobacco products from 18 years old to 21 years old.
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S02833 Actions:

BILL NOS02833
 
01/29/2019REFERRED TO HEALTH
02/27/2019REPORTED AND COMMITTED TO FINANCE
03/26/2019COMMITTEE DISCHARGED AND COMMITTED TO RULES
03/26/2019ORDERED TO THIRD READING CAL.343
04/01/2019SUBSTITUTED BY A558A
 A00558 AMEND=A Rosenthal L (MS)
 01/09/2019referred to health
 02/28/2019reported referred to codes
 03/02/2019amend (t) and recommit to codes
 03/02/2019print number 558a
 03/05/2019reported referred to rules
 03/05/2019reported
 03/05/2019rules report cal.36
 03/05/2019ordered to third reading rules cal.36
 03/06/2019passed assembly
 03/06/2019delivered to senate
 03/06/2019REFERRED TO FINANCE
 04/01/2019SUBSTITUTED FOR S2833
 04/01/20193RD READING CAL.343
 04/01/2019PASSED SENATE
 04/01/2019RETURNED TO ASSEMBLY
 07/16/2019delivered to governor
 07/16/2019signed chap.100
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S02833 Committee Votes:

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S02833 Floor Votes:

There are no votes for this bill in this legislative session.
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S02833 Memo:

Memo not available
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S02833 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2833
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 29, 2019
                                       ___________
 
        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 and the penal law, 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. Subdivisions 4 and 5 of section 1399-bb of the public health law,
    22  as amended by chapter 4 of the laws of 2018,  are  amended  to  read  as
    23  follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00518-02-9

        S. 2833                             2
 
     1    4.  No person engaged in the business of selling or otherwise distrib-
     2  uting electronic cigarettes for commercial purposes,  or  any  agent  or
     3  employee  of  such person, shall knowingly, in furtherance of such busi-
     4  ness, distribute without charge any electronic cigarettes to  any  indi-
     5  vidual under [eighteen] twenty-one years of age.
     6    5.  The distribution of tobacco products or herbal cigarettes pursuant
     7  to subdivision two of this section or the distribution without charge of
     8  electronic cigarettes shall be made only to  an  individual  who  demon-
     9  strates, through a driver's license or other photographic identification
    10  card issued by a government entity or educational institution indicating
    11  that the individual is at least [eighteen] twenty-one years of age. Such
    12  identification  need  not  be  required of any individual who reasonably
    13  appears to be at least twenty-five years of age; provided, however, that
    14  such appearance shall not constitute a defense in any proceeding  alleg-
    15  ing  the sale of a tobacco product, electronic cigarette or herbal ciga-
    16  rette or the distribution without charge of electronic cigarettes to  an
    17  individual.
    18    §  4.  Subdivisions 2, 3 and 7 of section 1399-cc of the public health
    19  law, as amended by chapter 542 of the laws of 2014, are amended to  read
    20  as follows:
    21    2.  Any person operating a place of business wherein tobacco products,
    22  herbal cigarettes, liquid nicotine, shisha or electronic cigarettes, are
    23  sold or offered for sale  is  prohibited  from  selling  such  products,
    24  herbal  cigarettes,  liquid  nicotine,  shisha, electronic cigarettes or
    25  smoking paraphernalia to individuals under [eighteen]  twenty-one  years
    26  of  age,  and  shall post in a conspicuous place a sign upon which there
    27  shall be imprinted the following statement, "SALE OF CIGARETTES, CIGARS,
    28  CHEWING TOBACCO, POWDERED TOBACCO, SHISHA  OR  OTHER  TOBACCO  PRODUCTS,
    29  HERBAL  CIGARETTES,  LIQUID  NICOTINE,  ELECTRONIC  CIGARETTES,  ROLLING
    30  PAPERS OR SMOKING PARAPHERNALIA, TO PERSONS UNDER [EIGHTEEN]  TWENTY-ONE
    31  YEARS  OF  AGE  IS  PROHIBITED  BY LAW." Such sign shall be printed on a
    32  white card in red letters at least one-half inch in height.
    33    3. Sale of  tobacco  products,  herbal  cigarettes,  liquid  nicotine,
    34  shisha  or electronic cigarettes in such places, other than by a vending
    35  machine, shall be made only to an individual who  demonstrates,  through
    36  (a)  a valid driver's license or non-driver's identification card issued
    37  by the commissioner of  motor  vehicles,  the  federal  government,  any
    38  United  States  territory,  commonwealth  or possession, the District of
    39  Columbia, a state government within the United States  or  a  provincial
    40  government  of the dominion of Canada, or (b) a valid passport issued by
    41  the United States government or any other country, or (c) an identifica-
    42  tion card issued by the armed forces of the  United  States,  indicating
    43  that the individual is at least [eighteen] twenty-one years of age. Such
    44  identification  need  not  be  required of any individual who reasonably
    45  appears to be at least twenty-five years of age, provided, however, that
    46  such appearance shall not constitute a defense in any proceeding  alleg-
    47  ing  the  sale of a tobacco product, herbal cigarettes, liquid nicotine,
    48  shisha or electronic cigarettes to an individual under [eighteen]  twen-
    49  ty-one years of age.
    50    7.  No  person operating a place of business wherein tobacco products,
    51  herbal cigarettes, liquid nicotine, shisha or electronic cigarettes  are
    52  sold  or  offered for sale shall sell, permit to be sold, offer for sale
    53  or display for sale any tobacco product, herbal cigarettes, liquid nico-
    54  tine, shisha  or  electronic  cigarettes  in  any  manner,  unless  such
    55  products  and  cigarettes are stored for sale (a) behind a counter in an
    56  area accessible only to the personnel of such  business,  or  (b)  in  a

        S. 2833                             3
 
     1  locked container; provided, however, such restriction shall not apply to
     2  tobacco  businesses, as defined in subdivision eight of section thirteen
     3  hundred ninety-nine-aa of this article, and to places to which admission
     4  is restricted to persons [eighteen] twenty-one years of age or older.
     5    §  5.  Subdivision (d) of section 1399-dd of the public health law, as
     6  amended by chapter 448 of the laws  of  2012,  is  amended  to  read  as
     7  follows:
     8    (d) in a place of employment which has an insignificant portion of its
     9  regular  workforce comprised of people under the age of [eighteen] twen-
    10  ty-one years and only in such locations that are not accessible  to  the
    11  general  public;  provided,  however, that in such locations the vending
    12  machine is located in plain view and under the  direct  supervision  and
    13  control of the person in charge of the location or his or her designated
    14  agent or employee.
    15    §  6.  Subdivision  1  of section 1399-ff of the public health law, as
    16  amended by chapter 448 of the laws  of  2012,  is  amended  to  read  as
    17  follows:
    18    1.  Where  a  civil  penalty  for  a  particular incident has not been
    19  imposed or an enforcement action regarding an alleged  violation  for  a
    20  particular  incident is not pending under section thirteen hundred nine-
    21  ty-nine-ee of this article, a parent or guardian  of  a  [minor]  person
    22  under  twenty-one  years  of  age to whom tobacco products, herbal ciga-
    23  rettes or electronic cigarettes are sold or distributed in violation  of
    24  this  article  may  submit a complaint to an enforcement officer setting
    25  forth the name and address of the alleged  violator,  the  date  of  the
    26  alleged  violation,  the  name  and  address  of the complainant and the
    27  [minor] person under twenty-one years of  age,  and  a  brief  statement
    28  describing  the  alleged violation. The enforcement officer shall notify
    29  the alleged violator by certified or  registered  mail,  return  receipt
    30  requested, that a complaint has been submitted, and shall set a date, at
    31  least  fifteen  days  after the mailing of such notice, for a hearing on
    32  the complaint. Such notice shall contain the  information  submitted  by
    33  the complainant.
    34    § 7. Paragraphs (b) and (c) of subdivision 2 of section 1399-ll of the
    35  public  health  law,  as  added  by chapter 518 of the laws of 2000, are
    36  amended to read as follows:
    37    (b) Any person operating a tobacco business wherein bidis is  sold  or
    38  offered  for  sale  is prohibited from selling such bidis to individuals
    39  under [eighteen] twenty-one years of age, and shall post in a  conspicu-
    40  ous  place  a  sign  upon  which  there shall be imprinted the following
    41  statement, "SALE OF BIDIS TO PERSONS UNDER [EIGHTEEN]  TWENTY-ONE  YEARS
    42  OF  AGE  IS  PROHIBITED BY LAW."   Such sign shall be printed on a white
    43  card in red letters at least one-half inch in height.
    44    (c) Sales of bidis by a tobacco business shall  be  made  only  to  an
    45  individual  who demonstrates, through a driver's license or other photo-
    46  graphic identification card issued by a government entity or educational
    47  institution indicating that the individual is at least [eighteen]  twen-
    48  ty-one  years  of  age.  Such identification need not be required of any
    49  individual who reasonably appears to be at least  twenty-five  years  of
    50  age,  provided,  however,  that  such  appearance shall not constitute a
    51  defense in any proceeding alleging the sale of a tobacco product  to  an
    52  individual under [eighteen] twenty-one years of age.
    53    §  8.  Subdivision  1  and  paragraphs (b) and (c) of subdivision 2 of
    54  section 1399-mm of the public health law, as added by chapter 549 of the
    55  laws of 2003, are amended to read as follows:

        S. 2833                             4
 
     1    1. No person shall knowingly sell or provide gutka to any other person
     2  under [eighteen] twenty-one years of age.  No  other  provision  of  law
     3  authorizing  the sale of tobacco products, other than subdivision two of
     4  this section, shall authorize  the  sale  of  gutka.    Any  person  who
     5  violates  the provisions of this subdivision shall be subject to a civil
     6  penalty of not more than five hundred dollars.
     7    (b) Any person operating a tobacco business wherein gutka is  sold  or
     8  offered  for  sale  is prohibited from selling such gutka to individuals
     9  under [eighteen] twenty-one years of age, and shall post in a  conspicu-
    10  ous  place  a  sign  upon  which  there shall be imprinted the following
    11  statement, "SALE OF GUTKA TO PERSONS UNDER [EIGHTEEN]  TWENTY-ONE  YEARS
    12  OF  AGE  IS  PROHIBITED BY LAW."   Such sign shall be printed on a white
    13  card in red letters at least one-half inch in height.
    14    (c) Sales of gutka by a tobacco business shall  be  made  only  to  an
    15  individual  who demonstrates, through a driver's license or other photo-
    16  graphic identification card issued by a government entity or educational
    17  institution indicating that the individual is at least [eighteen]  twen-
    18  ty-one  years  of  age.  Such identification need not be required of any
    19  individual who reasonably appears to be at least  twenty-five  years  of
    20  age,  provided,  however,  that  such  appearance shall not constitute a
    21  defense in any proceeding alleging the sale of a tobacco product  to  an
    22  individual under [eighteen] twenty-one years of age.
    23    §  9.  Subdivision  3  of section 260.21 of the penal law, as added by
    24  chapter 362 of the laws of 1992, is amended to read as follows:
    25    3. He or she sells or causes to be sold tobacco in any form to a child
    26  less than [eighteen] twenty-one years old.
    27    § 10. This act shall take effect on  the  one  hundred  twentieth  day
    28  after it shall have become a law.
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