NY State Senate Bill 2023-S8817

Senate Bill S8817

2023-2024 Legislative Session

Prohibits the sale of tobacco products and vapor products within five hundred feet of a public or private school

download bill text pdf

Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 15, 2024	referred to health

2023-S8817 (ACTIVE) - Details

See Assembly Version of this Bill:: A9224
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1399-cc-1, Pub Health L

2023-S8817 (ACTIVE) - Summary

Prohibits the sale of tobacco products and vapor products within five hundred feet of a public or private school.

2023-S8817 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8817

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the public health law, in relation to prohibiting the
sale of tobacco products and vapor products within five hundred feet of
a public or private school

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to prohibit the sale of tobacco products and
vapor products within five hundred feet of a public or private school.

 
SUMMARY OF PROVISION:

  Section  one  of the bill amends the public health law by adding a new
section to restrict the sale of tobacco and vapor products  within  five
hundred feet of public or private school. This section also dictates the
measurements  of the five hundred feet are to be taken in straight lines
from the nearest point that the property line of the land the school  is
located  on  to  the  nearest  property line on the land the business is

located. Violations of tins section will be enforced in accordance  with
section thirteen hundred ninetynine-ff of this article. :illlough anyone
can submit a complaint to law enforcement that a violation has occurred.

 
JUSTIFICATION:

The  intensity  of  e-cigarette  use  is increasing and the age at which
youth begin to smoke is decreasing. This can be attributed to the preda-
tory advertising practices of e-cigarette  and  tobacco  companies,  the
strategic  placement of smoke shops and the harmful promotion of smoking
on social media. This bill would prohibit shops  that  sell  tobacco  or
vape  products  from  being  within five hundred feet of a school, which
could help reduce the normalization of smoking for  children  and  teens
and  prevent  the predatory placement of smoke shops to help keep school
aged youth safe from the pressures of smoking.

 
PRIOR LEGISLATIVE HISTORY:

A699/S4477 of 2023-2024: Referred to Health

A8472/S7984 of 2023-2024; Referred to Economic Development

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

TBD.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it has
become law.

2023-S8817 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8817
 
                             I N  S E N A T E
 
                              March 15, 2024
                                ___________
 
 Introduced  by  Sen. JACKSON -- 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  prohibiting  the
   sale  of  tobacco products and vapor products within five hundred feet
   of a public or private school
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 1399-cc-1 to read as follows:
   §  1399-CC-1.  SALE  OF   TOBACCO   PRODUCTS   AND   VAPOR   PRODUCTS;
 RESTRICTIONS. 1. NO TOBACCO PRODUCT OR VAPOR PRODUCT SHALL BE SOLD WITH-
 IN FIVE HUNDRED FEET OF ANY PUBLIC OR PRIVATE SCHOOL.
   2. THE MEASUREMENTS IN SUBDIVISION ONE OF THIS SECTION ARE TO BE TAKEN
 IN  STRAIGHT  LINES  FROM  THE NEAREST POINT OF THE PROPERTY LINE OF THE
 PARCEL ON WHICH THE SCHOOL IS LOCATED TO THE NEAREST POINT OF THE  PROP-
 ERTY LINE OF THE PARCEL ON WHICH THE BUSINESS IS LOCATED.
   3.  VIOLATIONS  OF  THIS SECTION SHALL BE ENFORCED PURSUANT TO SECTION
 THIRTEEN HUNDRED NINETY-NINE-FF OF THIS ARTICLE, EXCEPT THAT ANY  PERSON
 MAY  SUBMIT  A  COMPLAINT  TO  AN  ENFORCEMENT  OFFICER REPORTING THAT A
 VIOLATION OF THIS SECTION HAS OCCURRED.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14105-01-4

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