NY State Senate Bill 2019-S7213A

Archive: Last Bill Status - In Senate Committee Health 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 26, 2020	print number 7213a
Feb 26, 2020	amend (t) and recommit to health
Jan 10, 2020	referred to health

Bill Amendments

Original

A (Active)

2019-S7213 - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §1399-cc, Pub Health L

2019-S7213 - Summary

Requires that online purchasers of smoking products digitally upload a government-issued identification for verification of age, and requires sellers to include the words "SMOKING PRODUCT" on the purchaser's billing statement for online sales.

2019-S7213 - Sponsor Memo

                                
 
BILL NUMBER: S7213

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the public health law, in relation to the online sale of
tobacco products

 
PURPOSE:

This bill allows online vendors of electronic cigarettes and other
tobacco products an enhanced ability to verify that their customers are
of legal age to purchase such products.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends paragraph (d) of subdivision 1 of section 1399-cc of
the public health law.

Section two amends section 1399-cc of the public health law. Section
three sets forth the effective date.

 
JUSTIFICATION:

The harmful effects of tobacco on youth are well-documented and over
recent years we have seen a drastic increase in the number of young
people using electronic cigarettes. Data from the National Youth Tobacco
Survey tells us that over 1.6 million high school students and over
500,000 middle school students use electronic cigarettes.  While the
sale of these products to minors is illegal, many have been able to
access them by ordering online where age verification can be as simple
as clicking a box.

Many schools in New York State have reported problems with electronic
cigarettes being used on school grounds and in classrooms. These devices
are small and may have a resemblance to pens and flash drives, making
them easy for students to possess and use without adults taking notice.
Some electronic cigarette manufacturers tout that their products contain
as much nicotine as a pack of cigarettes, which is sure to cause many
young people to become addicted.

This bill would restrict a minor's ability to purchase these products
online by requiring them to upload a copy of government issued identifi-
cation to verify their age. Furthermore, this bill would require the
monthly billing statement for credit and debit cards used in these
online transactions to display the words "tobacco product," in the case
that a minor used a parent or guardian's card to make an online
purchase.

 
LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect in 60 days.

2019-S7213 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7213
 
                             I N  S E N A T E
 
                             January 10, 2020
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to the online sale of
   tobacco products
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraph  (d) of subdivision 1 of section 1399-cc of the
 public health law, as amended by chapter 542 of the  laws  of  2014,  is
 amended to read as follows:
   (d)  "Transaction  scan"  means the process involving an automated bar
 code reader by which a licensee, or agent  or  employee  of  a  licensee
 under  this chapter reviews a driver's license or non-driver identifica-
 tion card presented as a precondition for  the  purchase  of  a  tobacco
 product  or  herbal  cigarettes  pursuant  to [subdivision] SUBDIVISIONS
 three AND THREE-A of this section; and
   § 2. Section 1399-cc of the public health law is amended by  adding  a
 new subdivision 3-a to read as follows:
   3-A.  ONLINE SALE OF TOBACCO PRODUCTS, HERBAL CIGARETTES, LIQUID NICO-
 TINE, SHISHA OR ELECTRONIC CIGARETTES SHALL BE MADE ONLY TO AN  INDIVID-
 UAL  WHO  DIGITALLY  UPLOADS  TO  THE  WEBSITE  OF THE PLACE OF BUSINESS
 CONDUCTING SUCH SALE (A) A VALID DRIVER'S LICENSE OR NON-DRIVER'S  IDEN-
 TIFICATION CARD ISSUED BY THE COMMISSIONER OF MOTOR VEHICLES, THE FEDER-
 AL  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  PASS-
 PORT 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 OF LEGAL AGE IN THE COUNTY WHERE  SUCH
 INDIVIDUAL'S  BILLING ADDRESS IS LOCATED. THE PURCHASER'S GOVERNMENT-IS-
 SUED IDENTIFICATION SHALL BE UPLOADED IN A FORMAT THAT ALLOWS THE SELLER
 TO CONDUCT A TRANSACTION SCAN. SUCH IDENTIFICATION SHALL BE REQUIRED FOR
 ALL ONLINE PURCHASES, REGARDLESS OF AGE. FOR ANY PURCHASE MADE  PURSUANT
 TO  THIS  SUBDIVISION,  INCLUDING  PURCHASES FROM SELLERS OUTSIDE OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02163-01-9

 S. 7213                             2
 
 STATE OF NEW YORK, THE WORDS "TOBACCO PRODUCT" SHALL BE INCLUDED ON  THE
 MONTHLY BILLING STATEMENT FOR SUCH TRANSACTION.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

2019-S7213A (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §1399-cc, Pub Health L

2019-S7213A (ACTIVE) - Summary

2019-S7213A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7213A

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the public health law, in relation to the online sale of
smoking products

 
PURPOSE:

This bill allows online vendors of electronic cigarettes and other smok-
ing products an enhanced ability to verify that their customers are of
legal age to purchase such products.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends paragraph (d) of subdivision 1 of section 1399-cc of
the public health law.

Section two amends section 1399-cc of the public health law. Section
three sets forth the effective date.

 
JUSTIFICATION:

The harmful effects of tobacco on youth are well-documented and over
recent years we have seen a drastic increase in the number of young
people using electronic cigarettes. Data from the National Youth Tobacco
Survey tells us that over 1.6 million high school students and over
500,000 middle school students use electronic cigarettes.  While the
sale of these products to minors is illegal, many have been able to
access them by ordering online where age verification can be as simple
as clicking a box.

Many schools in New York State have reported problems with electronic
cigarettes being used on school grounds and in classrooms. These devices
are small and may have a resemblance to pens and flash drives, making
them easy for students to possess and use without adults taking notice.
Some electronic cigarette manufacturers tout that their products contain
as much nicotine as a pack of cigarettes, which is sure to cause many
young people to become addicted.  This bill would restrict a minor's
ability to purchase these products online by requiring them to upload a
copy of government issued identification to verify their age. Further-
more, this bill would require the monthly billing statement for credit
and debit cards used in these online transactions to display the words
"tobacco product," in the case that a minor used a parent or guardian's
card to make an online purchase.

 
LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect in 60 days.

2019-S7213A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7213--A
 
                             I N  S E N A T E
 
                             January 10, 2020
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the public health law, in relation to the online sale of
   smoking products

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (d) of subdivision 1 of section  1399-cc  of  the
 public  health  law,  as  amended by chapter 542 of the laws of 2014, is
 amended to read as follows:
   (d) "Transaction scan" means the process involving  an  automated  bar
 code  reader  by  which  a  licensee, or agent or employee of a licensee
 under this chapter reviews a driver's license or non-driver  identifica-
 tion  card  presented  as  a  precondition for the purchase of a tobacco
 product or herbal cigarettes  pursuant  to  subdivision  three  of  this
 section  OR  SMOKING  PRODUCTS  PURSUANT  TO SUBDIVISION THREE-A OF THIS
 SECTION; and
   § 2. Section 1399-cc of the public health law is amended by  adding  a
 new subdivision 3-a to read as follows:
   3-A.  ONLINE  SALE  OF  ELECTRONIC CIGARETTES OR OTHER VAPING DEVICES,
 LIQUID NICOTINE, HERBAL CIGARETTES, ROLLING PAPERS OR SMOKING  PARAPHER-
 NALIA  SHALL  BE MADE ONLY TO AN INDIVIDUAL WHO DIGITALLY UPLOADS TO THE
 WEBSITE OF THE PLACE OF BUSINESS CONDUCTING SUCH SALE (A) A VALID  DRIV-
 ER'S  LICENSE  OR NON-DRIVER'S IDENTIFICATION CARD ISSUED BY THE COMMIS-
 SIONER 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
 OF  LEGAL  AGE  IN THE COUNTY WHERE SUCH INDIVIDUAL'S BILLING ADDRESS IS
 LOCATED.  THE  PURCHASER'S  GOVERNMENT-ISSUED  IDENTIFICATION  SHALL  BE
 UPLOADED  IN  A  FORMAT  THAT ALLOWS THE SELLER TO CONDUCT A TRANSACTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02163-02-0

 S. 7213--A                          2
 
 SCAN. SUCH IDENTIFICATION SHALL BE REQUIRED FOR  ALL  ONLINE  PURCHASES,
 REGARDLESS  OF  AGE. FOR ANY PURCHASE MADE PURSUANT TO THIS SUBDIVISION,
 INCLUDING PURCHASES FROM SELLERS OUTSIDE OF THE STATE OF NEW  YORK,  THE
 WORDS  "SMOKING PRODUCT" SHALL BE INCLUDED ON THE MONTHLY BILLING STATE-
 MENT FOR SUCH TRANSACTION.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

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Senate Bill S7213A

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

Bill Amendments

2019-S7213 - Details

2019-S7213 - Summary

2019-S7213 - Sponsor Memo

2019-S7213 - Bill Text download pdf

2019-S7213A (ACTIVE) - Details

2019-S7213A (ACTIVE) - Summary

2019-S7213A (ACTIVE) - Sponsor Memo

2019-S7213A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Pete Harckham

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

Bill Amendments

2019-S7213 - Details

2019-S7213 - Summary

2019-S7213 - Sponsor Memo

2019-S7213 - Bill Text download pdf

2019-S7213A (ACTIVE) - Details

2019-S7213A (ACTIVE) - Summary

2019-S7213A (ACTIVE) - Sponsor Memo

2019-S7213A (ACTIVE) - Bill Text download pdf

Comments