NY State Senate Bill 2021-S5219

Senate Bill S5219

2021-2022 Legislative Session

Prohibits the vending machine sale of tobacco products within 350 feet of a school, church, synagogue or other place of worship

download bill text pdf

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to health
Feb 26, 2021	referred to health

2021-S5219 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §1399-dd, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1581
2011-2012: S2102, S6198
2013-2014: S3222
2015-2016: S2790
2017-2018: S2678
2019-2020: S4710
2023-2024: S6395

2021-S5219 (ACTIVE) - Summary

Prohibits the operation of a vending machine which dispenses tobacco products unless the machine is located more than three hundred fifty feet of a building occupied exclusively as a school, church, synagogue or other place of worship.

2021-S5219 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5219

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the public health law, in relation to the placement of
tobacco vending machines near schools, churches, synagogues or other
places of worship

 
PURPOSE:

To prevent tobacco vending machines from being placed within 350 feet of
a school or place of worship.

 
SUMMARY OF PROVISION:

The bill prohibits the operation of a vending machine which dispenses
tobacco products unless the machine is located outside 350 feet of a
building occupied exclusively as a school or place of worship.

EXISTING LAW:

The bill amends section 1399-dd of the public health law, relating to
sale of tobacco products in vending machines, to add this new
restriction.

 
JUSTIFICATION:

At a time when society is finally breaking through all the industry
perpetuated fallacies about the real dangers of smoking, it is more
important than ever to place proper and reasonable restrictions on the
sale of tobacco products. This bill would enact one such restriction, to
ensure that such products are not sold in vending machines within 350
feet of schools and places of worship. These are sites where children,
the most vulnerable targets of tobacco-industry propaganda, regularly
congregate, and vending machines are notorious for selling to minors and
adults indiscriminately.  The bill will reduce the opportunities for
minors to make illegal purchases of cigarettes.

 
PRIOR LEGISLATIVE HISTORY:

2019-20:S.4710- Referred to Health

2017-18:S.2678- Referred to Health

2015-16:S.2790- Referred to Health

2013-14:S.3222- Referred to Health

2011-12:S.6198- Referred to Health

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2021-S5219 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5219
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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  placement  of
   tobacco  vending  machines near schools, churches, synagogues or other
   places of worship

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  1399-dd  of the public health law, as amended by
 chapter 448 of the laws of 2012 and subdivision (d) as amended by  chap-
 ter 100 of the laws of 2019, is amended to read as follows:
   §  1399-dd.  Sale of tobacco products, herbal cigarettes or electronic
 cigarettes in vending machines. No person, firm, partnership, company or
 corporation shall operate a  vending  machine  which  dispenses  tobacco
 products, herbal cigarettes or electronic cigarettes unless such machine
 is  located: (a) in a bar as defined in subdivision one of section thir-
 teen hundred ninety-nine-n of this chapter, or the bar area  of  a  food
 service establishment with a valid, on-premises full liquor license; (b)
 in  a  private club; (c) in a tobacco business as defined in subdivision
 eight of section thirteen hundred ninety-nine-aa of this article; or (d)
 in a place of employment which has an insignificant portion of its regu-
 lar workforce comprised of people under the age of twenty-one years  and
 only  in  such  locations that are not accessible to the general public;
 provided, however, that in such locations the vending machine is located
 in plain view and under the direct supervision and control of the person
 in charge of the location or his or her designated  agent  or  employee;
 PROVIDED, FURTHER, HOWEVER, THAT NO SUCH VENDING MACHINE SHALL BE WITHIN
 THREE HUNDRED FIFTY FEET OF A BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL,
 CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09281-01-1

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