senate Bill S6826

2019-2020 Legislative Session

Makes it unlawful for a person under the age of 21 to possess tobacco or vaping products

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to health
Nov 01, 2019 referred to rules

S6826 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add Art 13-F §1399-mm-1, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:
S1874

S6826 (ACTIVE) - Summary

Makes it unlawful for a person under the age of 21 to possess tobacco or vaping products; provides for a fine not exceeding fifty dollars and/or completion of a tobacco awareness program.

S6826 (ACTIVE) - Sponsor Memo

S6826 (ACTIVE) - Bill Text download pdf


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

                                  6826

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            November 1, 2019
                               ___________

Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the public health law, in relation to making it unlawful
  for a person under the age of twenty-one to possess tobacco and vaping
  products

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

  Section  1. Article 13-F of the public health law is amended by adding
a new section 1399-mm-1 to read as follows:
  § 1399-MM-1. UNLAWFUL POSSESSION OF  TOBACCO  OR  VAPING  PRODUCTS  BY
PERSONS  UNDER  THE  AGE  OF  TWENTY-ONE YEARS. 1.   EXCEPT AS OTHERWISE
PROVIDED IN THIS SECTION, NO PERSON UNDER THE AGE  OF  TWENTY-ONE  YEARS
SHALL POSSESS ANY TOBACCO OR VAPING PRODUCT.
  2. ANY PERSON WHO UNLAWFULLY POSSESSES A TOBACCO OR VAPING PRODUCT MAY
BE  SUMMONED  BEFORE AND EXAMINED BY A COURT HAVING JURISDICTION OF THAT
CHARGE; PROVIDED, HOWEVER, THAT NOTHING IN THIS SECTION SHALL  AUTHORIZE
OR  BE  CONSTRUED  TO  AUTHORIZE A PEACE OFFICER, A POLICE OFFICER OR AN
ENFORCEMENT OFFICER TO ARREST A PERSON WHO UNLAWFULLY POSSESSES A TOBAC-
CO OR VAPING PRODUCT.  IF A DETERMINATION IS MADE SUSTAINING SUCH CHARGE
THE COURT MAY IMPOSE A CIVIL FINE NOT  EXCEEDING  FIFTY  DOLLARS  AND/OR
COMPLETION  OF  A  TOBACCO  AWARENESS  PROGRAM  IF SUCH PROGRAM IS BEING
OFFERED AND/OR AN APPROPRIATE AMOUNT OF COMMUNITY SERVICE NOT TO  EXCEED
THIRTY HOURS.
  3.  NO  SUCH  DETERMINATION SHALL OPERATE AS A DISQUALIFICATION OF ANY
SUCH PERSON SUBSEQUENTLY TO HOLD PUBLIC OFFICE, PUBLIC EMPLOYMENT OR  AS
A FORFEITURE OF ANY RIGHT OR PRIVILEGE OR TO RECEIVE ANY LICENSE GRANTED
BY  PUBLIC AUTHORITY; AND NO SUCH PERSON SHALL BE DENOMINATED A CRIMINAL
BY REASON OF SUCH DETERMINATION, NOR SHALL SUCH DETERMINATION BE  DEEMED
A CONVICTION.
  4.  WHENEVER A PEACE OFFICER, POLICE OFFICER OR AN ENFORCEMENT OFFICER
SHALL  OBSERVE  A  PERSON  UNDER  TWENTY-ONE  YEARS  OF  AGE  OPENLY  IN

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

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