senate Bill S2332

Authorizes municipal regulation of the sale of aerosol paint cans and broad tipped indelible markers

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 18 / Feb / 2009
    • REFERRED TO CONSUMER PROTECTION
  • 06 / Jan / 2010
    • REFERRED TO CONSUMER PROTECTION

Summary

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Bill Details

Versions:
S2332
Legislative Cycle:
2009-2010
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law

Sponsor Memo

BILL NUMBER: S2332

TITLE OF BILL :
An act to amend the general business law, in relation to the licensing
of sellers of aerosol spray paint cans and broad tipped indelible
markers


PURPOSE :
Despite past measures designed to limit the amount of vandalism caused
by graffiti, many communities in New York State continue to experience
such damage. The explosion in graffiti vandalism in the last few years
has contributed to an increase in urban blight. By prohibiting the
sale of aerosol spray paint cans and broad tip indelible markers (two
commonly used graffiti items), except by those licensed to sell them,
local governments will be better able to curb the spread of graffiti.

SUMMARY OF PROVISIONS :
This measure would empower local governments (counties, cities, towns,
villages) to enact laws specifically forbidding the sale of aerosol
paint cans and broad tip indelible markers without a specific permit
or license.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :
This bill would add a new Article 39-DDD to the General Business Law.

JUSTIFICATION :
While recognizing that there are legitimate uses of aerosol spray
paint cans and broad tip indelible markers, they are also the items
most commonly used to vandalize public and private property with
graffiti. Under this bill, store owners who illegally sell aerosol
spray paint cans and broad tip indelible markers would be subject to
having their license to sell these items revoked. Although this will
not completely solve the problem, the establishment of a licensing
system will give local governments a new options to better regulate
those items most often used to deface property.

PRIOR LEGISLATIVE HISTORY :
1991-92: A.7955-A/S.4750-A, 1993-94: A.9978/S.2078, 1995-96:
A.1453/S.1039, 1997-98: S.1855/A.2742, 1999-2000:
S.1806/A.5392,S.2848/A.5384 of 2001-02, S.2283/A.4959 of 2003-04;
S.1139/A.1356 of 2005-06; S.2076/A.4017 of 2007-08.

FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
Immediately.
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