NY State Senate Bill 2021-S7208

Senate Bill S7208

2021-2022 Legislative Session

Prohibits the sale of tobacco products at vending stands or in vending machines in state buildings

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	committed to rules
Apr 27, 2022	advanced to third reading
Apr 26, 2022	2nd report cal.
Apr 25, 2022	1st report cal.795
Jan 05, 2022	referred to investigations and government operations
Jun 07, 2021	referred to rules

Votes

- Apr 25, 2022 - Investigations And Government Operations Committee Vote
  S7208
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: Apr 25, 2022
      
      aye (5)
      
      Biaggi
      
      Gaughran
      
      Kaminsky
      
      Reichlin-Melnick
      
      Skoufis
      
      aye wr (2)
      
      O'Mara
      
      Palumbo

2021-S7208 (ACTIVE) - Details

See Assembly Version of this Bill:: A6813
Current Committee:: Senate Rules
Law Section:: Public Buildings Law
Laws Affected:: Amd §3, Pub Bldg L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A7880
2017-2018: A430
2019-2020: A2939
2023-2024: S50, A1025

2021-S7208 (ACTIVE) - Summary

Prohibits the sale of tobacco products at vending stands or in vending machines in state buildings.

2021-S7208 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7208

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the public buildings law, in relation to prohibiting the
sale of tobacco products at vending stands leasing space and in vending
machines in a state building

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to make the public buildings law consistent
with other state laws and policies regarding tobacco cessation, and to
promote health, by prohibiting the sale of tobacco products in state
buildings.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill would amend paragraph (a) of subdivision 13 of section 3 of
the Public Buildings law to provide that space leased by the Commission-
er of General Services in public buildings or other premises under his

or her supervision and control shall not sell tobacco products.

This bill would also amend paragraph (b) of subdivision 13 of section 3
of the Public Buildings law to prohibit tobacco products from being sold
in vending machines at public buildings.

This bill would take effect immediately; provided, however, that the
provisions would not apply to any lease, renewal or extension of leased
space entered into, or permit for the operation of vending machine
issued prior to its effective date.

 
JUSTIFICATION:

It has been widely proven that the use of tobacco products is linked to
serious disease and health risks. The United States Surgeon General has
determined that smoking causes a multitude of diseases including lung
cancer and heart disease. Cigarette smoking presents serious public
health concerns. In the late 1990s US tobacco product manufacturers
entered into a settlement agreement, entitled the "Master Settlement
Agreement," with the state. This master settlement agreement obligates
these manufacturers to pay substantial sums to the state (tied in part
to their volume of sales) in return for a release of past, present and
certain future claims against them. Tens of millions of dollars was
included in the most recent state budget for services and expenses
related to tobacco use prevention and control programs, including grants
to support cancer research.  Additionally, millions of dollars are allo-
cated for services and expenses related to tobacco enforcement, educa-
tion and related activities. New York State currently has 19 Tobacco
Cessation Centers that were established to work with health care organ-
izations and primary care providers to implement systems to screen
patients for tobacco use and prompt providers to offer advice and
assistance to quit. According to the 2013 Independent Evaluation Report
of the New York Tobacco Control Program, reductions in tobacco use are
achieved by creating a social environment and legal climate in which
tobacco becomes less desirable, less acceptable and less accessible. The
Indoor Clean Air Act has been the law in New York since 2003.


This bill makes the public buildings law consistent with these vital
state laws and policies. This bill will not impact an individual's right
to lawfully use tobacco products at state properties, but would simply
not allow for such products to be purchased at state buildings. This
bill will not have a significant economic impact on the vendors leasing
space in state buildings because the prohibition on the sale of tobacco
products would apply to new leases and contracts. This provides ample
time for the vendors to work with OGS to determine other products that
can be sold in order to make up for lost tobacco revenue, which should
not account for a significant portion of their overall revenues.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: A2939; Referred to Government Operations

2017-18: A430; Referred to Government Operations

2014-2015: A7880; Revised 05/29/15

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
provisions of this act shall not apply, to any lease, renewal or exten-
sion of leased space entered into, or permit for the operation of vend-
ing machine issued prior to such effective date.

2021-S7208 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7208
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 7, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public buildings law, in relation to prohibiting the
   sale of tobacco products at vending stands leasing space and in  vend-
   ing machines in a state building

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (a) and (b) of subdivision 13 of  section  3  of
 the  public  buildings  law, paragraph (a) as added by chapter 83 of the
 laws of 1995 and paragraph (b) as amended by chapter 265 of the laws  of
 2013, are amended to read as follows:
   (a)  In  his  or her discretion, lease space in any public building or
 other premises under his or her supervision  and  control,  pursuant  to
 this  article,  to any person, firm or corporation, for the operation of
 restaurants, retail stores, vending stands for the sale  of  newspapers,
 periodicals,  confections[,  tobacco  products]  and such other articles
 THAT ARE NOT TOBACCO PRODUCTS, as may be approved  by  the  commissioner
 for  each  stand,  and  for  bootblack  service. Any such lease shall be
 subject to such terms and conditions as he or she may deem  proper,  but
 for  a  term not exceeding five years, except that the commissioner may,
 in his or her discretion, lease space for a term of not  more  than  ten
 years  where  extensive  renovation  or  repair to or improvement of the
 space is required of or by the lessee and  the  commissioner  determines
 that  it is reasonable for the costs thereof to be amortized over a term
 greater than five years. Nothing herein shall restrict the  commissioner
 from  providing  in  any such lease for its renewal or extension, at the
 commissioner's option, for terms of five  years  or  less.  However,  in
 order  to  provide  blind  persons with remunerative employment, enlarge
 their economic opportunities and facilitate their efforts  to  be  self-
 supporting,  whenever  feasible,  permits  shall  be  given to the state
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06211-01-1

 S. 7208                             2
 
 department of social services for the operation of  vending  stands  and
 machines.
   (b)  Issue  to the office of children and family services a permit for
 any of the purposes mentioned in this subdivision to be  operated  by  a
 blind  person  or  persons as defined in subdivision four of section two
 hundred eight of the social services law or for the operation of vending
 machines and similar  devices  dispensing  food,  confections,  [tobacco
 products,]  coffee, tea, milk, soft drinks and such other articles, THAT
 ARE NOT TOBACCO PRODUCTS, as may be approved by him or her in  consulta-
 tion with the office of children and family services, for the benefit of
 the general purposes of the business enterprise program for the blind of
 the office of children and family services commission for the blind, and
 upon  such  terms and conditions as the commissioner may deem proper but
 without provision for payment of rent or other  consideration  for  such
 permits,  and  for  a term not exceeding five years, which permit may be
 extended and renewed. Such permit shall include a provision  authorizing
 the  office  of  children and family services to assign or transfer such
 permit to a blind person or persons, as  herein  referred  to,  for  the
 purposes  aforesaid,  and it shall also provide that the office of chil-
 dren and family services shall send to the commissioner a notice of  any
 assignment  or  transfer  as  aforesaid, which notice shall contain such
 information as the  commissioner  shall  require.  The  permit  and  any
 assignment  or transfer thereof shall reserve (i) to the office of chil-
 dren and family services the power of supervision over the  conduct  and
 operation  of  the premises covered thereby and (ii) to the commissioner
 of general services the right to revoke such permit or the assignment or
 transfer thereof upon the mailing to  the  last  known  address  of  the
 assignee  or assignees a notice of such revocation to be effected within
 such period of time as the commissioner shall deem to be reasonable.
   § 2. This act shall take effect immediately; provided,  however,  that
 the  provisions  of  this  act  shall not apply to any lease, renewal or
 extension of leased space entered into, or permit for the operation of a
 vending machine issued prior to such effective date.

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