Increases the penalties for bias related and gang related graffiti, and graffiti upon religious property.
TITLE OF BILL: An act to amend the general business law, in relation to the sale of aerosol spray paint to persons under the age of eighteen
PURPOSE OR GENERAL IDEA OF BILL: To deal with the pervasive problem of graffiti in urban areas by preventing the sale of spray paint to those people under the age of eighteen.
SUMMARY OF SPECIFIC PROVISIONS: Section one prohibits the retail sale of non-water soluble aerosol paint under the age of 18. The section provides for a civil penalty not to exceed $250.00 for violations.
JUSTIFICATION: Existing law does not prohibit the sale of spray paint to minors. Existing laws have been insufficient to stem the tide of graffiti, especially, in New York's urban areas. Graffiti is a pervasive problem that causes damage to property, lowers property values and represents a serious quality of life problem for many New Yorkers.
PRIOR LEGISLATIVE HISTORY:
2005 S.1098 (Brown) Referred to Consumer Protection 2006 S.6438 Referred to Consumer Protection 2008 S.2229 Referred to Consumer Protection 2009 S.1856 Referred to Consumer Protection
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This law shall take effect on the ninetieth day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 532 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to the sale of aerosol spray paint to persons under the age of eighteen THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new section 399-j to read as follows: S 399-J. SALE OF AEROSOL SPRAY PAINT TO PERSONS UNDER THE AGE OF EIGH- TEEN. 1. NO AEROSOL SPRAY PAINT CAN CONTAINING A FLUID THAT IS NOT WATER SOLUBLE SHALL BE SOLD AT RETAIL WITHIN THE STATE TO PERSONS UNDER THE AGE OF EIGHTEEN. 2. A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENALTY NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS. S 2. This act shall take effect on the ninetieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04419-01-1