NY State Senate Bill 2017-S8098

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 11, 2018	print number 8098a
Jun 11, 2018	amend and recommit to consumer protection
Mar 28, 2018	referred to consumer protection

Bill Amendments

Original

A (Active)

2017-S8098 - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-hh, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S4559
2021-2022: S4797
2023-2024: S5871

2017-S8098 - Summary

Prohibits the sale of dry ice to individuals under eighteen years of age; a violation shall be punishable by a fine of not more than five hundred dollars.

2017-S8098 - Sponsor Memo

                                
 
BILL NUMBER: S8098

SPONSOR: PARKER
 
TITLE OF BILL:  An act to amend the general business law, in relation
to prohibiting the sale of dry ice to individuals under twenty-one years
of age

 
PURPOSE:

This legislation would help prevent under aged undetectable alcohol
intoxication absent consumption with the use of dry ice.

 
SUMMARY OF PROVISIONS:

Section 1:

a. Adding § 399-hh to the general business law to prohibit any person or
business entity to sell dry ice to any person under the age of 21.

b. To provide for punishments for the violation(s) for the above.

Section 2: Sets forth the effective date.

 
JUSTIFICATION:

Today, there is a trending phenomenon with dry ice.it is smoking alcohol
or "vaping". This is alcohol being heated then poured onto dry ice
allowing for the alcohol vapors to be inhaled and getting into the blood
stream almost. instantly. The yielding effect is alcohol goes straight
to the brain.

There are several health threats such as damage to the nasal passages
and lungs; enabling a person to achieve fatal alcohol poisoning more
rapidly and without warning; and death.Since the alcohol reaches the
brain faster, intoxication isn't felt as quickly, and does not allow for
the liver to detoxify the alcohol as it does when consumed with drink-
ing. Vaping' misleads a person to feel sober when they are not and their
body neurologically becomes impaired the same as when alcohol is drank.

Alcohol abuse is a public health crisis; especially among under aged
drinkers. According to the Center for Disease Control and Prevention,
alcohol is the most commonly used drug among youth (2007). Under aged
drinking cost New York State over $3.1 billion in 2013(Pacific Research
Institute); an increase from $2.3 billion in 2005. Those who drink under
the legal age are more likely to become heavy drinkers. According to the
National Institute on Alcohol and Alcohol Abuse (NIAAA), 5000 people
annually under the age of 21 die due to alcohol; with 1900 of these in
motor vehicle crashes.

With this new phenomenon of consuming alcohol being viewed as fun and
trendy while coupled with the misconception of not getting being able to
get drunk when smoked, the issues from the dangers of vaping are sure to
increase.This is sure to compound all other dangers and issues of under
aged drinking. Ages 12-20 are reported to have consumed 11% of all alco-
hol consumed in the United States for 2015 (NIAAA).

This may be viewed as a drastic measure for a commonly used item used
for simplistic purposes, however, this is similar to implementing legis-
lature signed requiring a person to be at least 18 years of age with
proper identification to purchase household items such as certain glues
and spray paints; as well as common over-the-counter medications. Smok-
ing alcohol with the use of dry ice is something that must be proactive-
ly addressed for the safety of the public, especially those under the
legal age of drinking.

 
LEGISLATIVE HISTORY:

New Legislation.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8098 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8098
 
                             I N  S E N A T E
 
                              March 28, 2018
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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 prohibiting the
   sale of dry ice to individuals under twenty-one years of age
 
   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-hh to read as follows:
   §  399-HH.  PROHIBITS THE SALE OF DRY ICE TO INDIVIDUALS UNDER TWENTY-
 ONE YEARS OF AGE. 1. NO  PERSON,  CORPORATION,  PARTNERSHIP  OR  LIMITED
 LIABILITY  COMPANY  SHALL KNOWINGLY SELL OR OFFER FOR SALE DRY ICE TO AN
 INDIVIDUAL UNDER TWENTY-ONE YEARS OF AGE.
   2. A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE  AN  OFFENSE
 PUNISHABLE BY A FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS. A VIOLATION
 OF THE PROVISIONS OF THIS SECTION AFTER HAVING BEEN PREVIOUSLY CONVICTED
 OF  SUCH  AN  OFFENSE  WITHIN THE PREVIOUS FIVE YEARS SHALL BE A CLASS B
 MISDEMEANOR PUNISHABLE BY A FINE OF NOT MORE THAN TEN THOUSAND DOLLARS.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14523-02-8

2017-S8098A (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-hh, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S4559
2021-2022: S4797
2023-2024: S5871

2017-S8098A (ACTIVE) - Summary

Prohibits the sale of dry ice to individuals under eighteen years of age; a violation shall be punishable by a fine of not more than five hundred dollars.

2017-S8098A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8098A

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting the
sale of dry ice to individuals under twenty-one years of age

 
PURPOSE:

This legislation would help prevent under aged undetectable alcohol
intoxication absent consumption with the use of dry ice.

 
SUMMARY OF PROVISIONS:

Section 1:

a. Adding § 399-hh to the general business law to prohibit any person or
business entity to sell dry ice to any person under the age of 21.

b. To provide for punishments for the violation(s) for the above.

Section 2: Sets forth the effective date.

 
JUSTIFICATION:

Today, there is a trending phenomenon with dry ice, it is smoking alco-
hol or "vaping". This is alcohol being heated then poured onto dry ice
allowing for the alcohol vapors to be inhaled and getting into the blood
stream almost, instantly. The yielding effect is alcohol goes straight
to the brain.

There are several health threats such as damage to the nasal passages
and lungs; enabling a person to achieve fatal alcohol poisoning more
rapidly and without warning; and death.Since the alcohol reaches the
brain faster, intoxication isn't felt as quickly, and does not allow for
the liver to detoxify the alcohol as it does when consumed with drink-
ing. Vaping' misleads a person to feel sober when they are not and their
body neurologically becomes impaired the same as when alcohol is drank.

Alcohol abuse is a public health crisis; especially among under aged
drinkers. According to the Center for Disease Control and Prevention,
alcohol is the most commonly used drug among youth (2007). Under aged
drinking cost New York State over $3.1 billion in 2013(Pacific Research
Institute); an increase from $2.3 billion in 2005. Those who drink under
the legal age are more likely to become heavy drinkers.

According to the National Institute on Alcohol and Alcohol Abuse
(NIAAA), 5000 people annually under the age of 21 die due to alcohol;
with 1900 of these in motor vehicle crashes.

With this new phenomenon of consuming alcohol being viewed as fun and
trendy while coupled with the misconception of not getting being able to
get drunk when smoked, the issues from the dangers of vaping are sure to
increase. This is sure to compound all other dangers and issues of under
aged drinking. Ages 12-20 are reported to have consumed 11% of all alco-
hol consumed in the United States for 2015 (NIAAA).


This may be viewed as a drastic measure for a commonly used item used
for simplistic purposes, however, this is similar to implementing legis-
lature signed requiring a person to be at least 18 years of age with
proper identification to purchase household items such as certain glues
and spray paints; as well as common over-the-counter medications. Smok-
ing alcohol with the use of dry ice is something that must be proactive-
ly addressed for the safety of the public, especially those under the
legal age of drinking.

 
LEGISLATIVE HISTORY:

New Legislation.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8098A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8098--A
 
                             I N  S E N A T E
 
                              March 28, 2018
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the general business law, in relation to prohibiting the
   sale of dry ice to individuals under twenty-one years of age

   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-hh to read as follows:
   §  399-HH. PROHIBITS THE SALE OF DRY ICE TO INDIVIDUALS UNDER EIGHTEEN
 YEARS OF AGE. 1. NO PERSON, CORPORATION, PARTNERSHIP OR LIMITED  LIABIL-
 ITY  COMPANY  SHALL KNOWINGLY SELL OR OFFER FOR SALE DRY ICE TO AN INDI-
 VIDUAL UNDER EIGHTEEN YEARS OF AGE.
   2. ANY PERSON, CORPORATION, PARTNERSHIP OR LIMITED  LIABILITY  COMPANY
 SELLING  OR  OFFERING  FOR SALE DRY ICE SHALL REQUIRE PROOF OF LEGAL AGE
 PRIOR TO ALLOWING AN INDIVIDUAL TO PURCHASE DRY ICE. 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
 DRY ICE TO AN INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE.
   3.  ANY  PERSON, CORPORATION, PARTNERSHIP OR LIMITED LIABILITY COMPANY
 WHICH VIOLATES THE PROVISIONS OF THIS SECTION  SHALL  BE  SUBJECT  TO  A
 CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS PER VIOLATION.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14523-06-8

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Senate Bill S8098

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Bill Amendments

2017-S8098 - Details

2017-S8098 - Summary

2017-S8098 - Sponsor Memo

2017-S8098 - Bill Text download pdf

2017-S8098A (ACTIVE) - Details

2017-S8098A (ACTIVE) - Summary

2017-S8098A (ACTIVE) - Sponsor Memo

2017-S8098A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8098

Share this bill

Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Bill Amendments

2017-S8098 - Details

2017-S8098 - Summary

2017-S8098 - Sponsor Memo

2017-S8098 - Bill Text download pdf

2017-S8098A (ACTIVE) - Details

2017-S8098A (ACTIVE) - Summary

2017-S8098A (ACTIVE) - Sponsor Memo

2017-S8098A (ACTIVE) - Bill Text download pdf

Comments