A9044B-2011 Actions

• Sep 5, 2012: signed chap.448
• Aug 27, 2012: delivered to governor
• Jun 21, 2012: RETURNED TO ASSEMBLY
• Jun 21, 2012: PASSED SENATE
• Jun 21, 2012: 3RD READING CAL.1454
• Jun 21, 2012: SUBSTITUTED FOR S2926B
• May 30, 2012: REFERRED TO HEALTH
• May 30, 2012: delivered to senate
• May 30, 2012: passed assembly
• May 24, 2012: advanced to third reading cal.647
• May 22, 2012: reported
• May 10, 2012: print number 9044b
• May 10, 2012: amend and recommit to codes
• Mar 2, 2012: print number 9044a
• Mar 2, 2012: amend and recommit to codes
• Feb 14, 2012: reported referred to codes
• Jan 17, 2012: referred to health

A9044B-2011 Votes

A9044B-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   9044--B

                            I N  ASSEMBLY

                              January 17, 2012
                                 ___________

  Introduced  by  M.  of  A. ROSENTHAL, RAIA, TITONE, ENGLEBRIGHT, MAISEL,
    GALEF, M. MILLER,  CASTRO,  JAFFEE,  BROOK-KRASNY,  PERRY,  LOSQUADRO,
    ORTIZ,  ZEBROWSKI,  WEPRIN, P. RIVERA, RA, MONTESANO, DUPREY, ROBINSON
    -- Multi-Sponsored by -- M. of A. ARROYO,  BRENNAN,  BURLING,  CAMARA,
    CERETTO,  CYMBROWITZ,  FINCH,  GLICK,  GOODELL,  GOTTFRIED,  McKEVITT,
    MURRAY, SWEENEY, TOBACCO, WEISENBERG -- read once and referred to  the
    Committee on Health -- reported and referred to the Committee on Codes
    --  committee  discharged,  bill amended, ordered reprinted as amended
    and recommitted  to  said  committee  --  committee  discharged,  bill
    amended,  ordered reprinted as amended and recommitted to said commit-
    tee

  AN ACT to amend the public health law, in relation  to  prohibiting  the
    sale of electronic cigarettes to minors

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. The article heading of article 13-F of  the  public  health
  law,  as  amended by chapter 508 of the laws of 2000, is amended to read
  as follows:

                                 ARTICLE 13-F
                REGULATION OF TOBACCO PRODUCTS [AND], HERBAL
        CIGARETTES AND SMOKING PARAPHERNALIA; DISTRIBUTION TO MINORS
    S 2. Section 1399-aa of the public health law is amended by  adding  a
  new subdivision 13 to read as follows:

    13.  "ELECTRONIC  CIGARETTE" OR "E-CIGARETTE" MEANS A BATTERY-OPERATED
  DEVICE THAT CONTAINS CARTRIDGES FILLED WITH A COMBINATION  OF  NICOTINE,
  FLAVOR  AND CHEMICALS THAT ARE TURNED INTO VAPOR WHICH IS INHALED BY THE
  USER.
    S 3.  Subdivisions 2, 3, 4 and 7 of  section  1399-cc  of  the  public
  health  law,  as amended by chapter 131 of the laws of 2011, are amended
  to read as follows:

    2. Any person operating a place of business wherein tobacco  products,
  herbal  cigarettes  [or],  shisha  OR ELECTRONIC CIGARETTES, are sold or
  offered for sale is prohibited from selling such products, herbal  ciga-
  rettes,  shisha, ELECTRONIC CIGARETTES or smoking paraphernalia to indi-

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD13620-10-2

 A. 9044--B                          2

  viduals under eighteen years of age, and shall  post  in  a  conspicuous
  place  a  sign  upon which there shall be imprinted the following state-
  ment, "SALE OF CIGARETTES, CIGARS, CHEWING  TOBACCO,  POWDERED  TOBACCO,
  SHISHA  OR  OTHER  TOBACCO PRODUCTS, HERBAL CIGARETTES, ELECTRONIC CIGA-
  RETTES, ROLLING PAPERS OR SMOKING PARAPHERNALIA, TO PERSONS UNDER  EIGH-
  TEEN YEARS OF AGE IS PROHIBITED BY LAW." Such sign shall be printed on a
  white card in red letters at least one-half inch in height.
    3.  Sale  of tobacco products, herbal cigarettes [or], shisha OR ELEC-
  TRONIC CIGARETTES in such places, other than by a vending machine, shall
  be made only to an individual who  demonstrates,  through  (a)  a  valid
  driver's  license  or  non-driver's  identification  card  issued by the
  commissioner of motor  vehicles,  the  federal  government,  any  United
  States  territory, commonwealth or possession, the District of Columbia,
  a state government within the United States or a  provincial  government
  of  the dominion of Canada, or (b) a valid passport issued by the United
  States government or any other country, or (c)  an  identification  card
  issued  by  the  armed  forces of the United States, indicating that the
  individual is at least eighteen years of age. Such  identification  need
  not  be required of any individual who reasonably appears to be at least
  twenty-five years of age, provided, however, that such appearance  shall
  not constitute a defense in any proceeding alleging the sale of a tobac-
  co  product,  herbal cigarettes [or], shisha OR ELECTRONIC CIGARETTES to
  an individual under eighteen years of age.
    4. (a) Any person  operating  a  place  of  business  wherein  tobacco
  products,  herbal  cigarettes  [or], shisha OR ELECTRONIC CIGARETTES are
  sold or offered for sale may perform a transaction scan as  a  precondi-
  tion for such purchases.
    (b)  In  any  instance  where the information deciphered by the trans-
  action scan fails to match  the  information  printed  on  the  driver's
  license  or  non-driver  identification card, or if the transaction scan
  indicates that the information is false  or  fraudulent,  the  attempted
  transaction shall be denied.
    (c)  In  any  proceeding pursuant to section thirteen [hundred-ninety-
  nine-ee] HUNDRED NINETY-NINE-EE of this article, it shall be an affirma-
  tive defense that such person had produced a driver's  license  or  non-
  driver  identification  card apparently issued by a governmental entity,
  successfully completed that transaction scan, and that the tobacco prod-
  uct or herbal cigarettes had been  sold,  delivered  or  given  to  such
  person  in  reasonable reliance upon such identification and transaction
  scan. In evaluating the applicability of such  affirmative  defense  the
  commissioner  shall  take  into consideration any written policy adopted
  and implemented by the seller to effectuate the provisions of this chap-
  ter. Use of a transaction scan shall not excuse any person  operating  a
  place  of  business  wherein  tobacco  products, herbal cigarettes [or],
  shisha OR ELECTRONIC CIGARETTES are sold, or the agent  or  employee  of
  such  person,  from  the  exercise  of  reasonable  diligence  otherwise
  required by this chapter.   Notwithstanding the  above  provisions,  any
  such  affirmative defense shall not be applicable in any civil or crimi-
  nal proceeding, or in any other forum.
    7. No person operating a place of business wherein  tobacco  products,
  herbal  cigarettes  [or],  shisha  OR  ELECTRONIC CIGARETTES are sold or
  offered for sale shall sell, permit  to  be  sold,  offer  for  sale  or
  display  for sale any tobacco product, herbal cigarettes [or], shisha OR
  ELECTRONIC CIGARETTES in any manner, unless such products and cigarettes
  are stored for sale (a) behind a counter in an area accessible  only  to
  the  personnel of such business, or (b) in a locked container; provided,

 A. 9044--B                          3

  however, such restriction shall not  apply  to  tobacco  businesses,  as
  defined  in subdivision eight of section thirteen hundred ninety-nine-aa
  of this article, and to places  to  which  admission  is  restricted  to
  persons eighteen years of age or older.
    S  4.  Section 1399-dd of the public health law, as amended by chapter
  13 of the laws of 2003, is amended to read as follows:

    S 1399-dd. Sale of tobacco products [or], herbal cigarettes  OR  ELEC-
  TRONIC  CIGARETTES  in  vending  machines. No person, firm, partnership,
  company or corporation shall operate a vending machine  which  dispenses
  tobacco products [or], herbal cigarettes OR ELECTRONIC CIGARETTES unless
  such  machine  is located: (a) in a bar as defined in subdivision one of
  section thirteen hundred ninety-nine-n of this chapter, or the bar  area
  of  a  food  service establishment with a valid, on-premises full liquor
  license; (b) in a private club; (c) in a tobacco business as defined  in
  subdivision  eight  of  section  thirteen hundred ninety-nine-aa of this
  article; or (d) in a place of  employment  which  has  an  insignificant
  portion  of  its  regular workforce comprised of people under the age of
  eighteen years and only in such locations that are not accessible to the
  general public; provided, however, that in such  locations  the  vending
  machine  is  located  in plain view and under the direct supervision and
  control of the person in charge of the location or his or her designated
  agent or employee.
    S 5. Subdivision 1 of section 1399-ff of the  public  health  law,  as
  amended  by  chapter  508  of  the  laws  of 2000, is amended to read as
  follows:

    1. Where a civil penalty  for  a  particular  incident  has  not  been
  imposed  or  an  enforcement action regarding an alleged violation for a
  particular incident is not pending under section thirteen hundred  nine-
  ty-nine-ee  of  this  article,  a  parent or guardian of a minor to whom
  tobacco products [or], herbal cigarettes OR  ELECTRONIC  CIGARETTES  are
  sold  or distributed in violation of this article may submit a complaint
  to an enforcement officer setting forth the  name  and  address  of  the
  alleged  violator,  the  date  of  the  alleged  violation, the name and
  address of the complainant and the minor, and a brief statement describ-
  ing the alleged violation. The  enforcement  officer  shall  notify  the
  alleged  violator  by  certified  or  registered  mail,  return  receipt
  requested, that a complaint has been submitted, and shall set a date, at
  least fifteen days after the mailing of such notice, for  a  hearing  on
  the  complaint.  Such  notice shall contain the information submitted by
  the complainant.
    S 6. This act shall take effect on  the  first  day  of  January  next
  succeeding the date on which it shall have become a law.