BILL NUMBER: S565
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the alcoholic beverage control law and the public health
law, in relation to the use of biometric identity verification devices
for the purchase of alcoholic beverages and tobacco products
 
PURPOSE:
This bill permits biometric age verification in order to purchase alco-
holic beverages and tobacco products and creates an affirmative defense
for the use of such a system.
 
SUMMARY OF PROVISIONS:
Section 1: Amends § 65-b of the Alcoholic Beverage Control Law to define
"biometric identity verification device".
Section 2: Amends § 65-b of the Alcoholic Beverage Control Law to
authorize the use of a "biometric identity verification device" by a
licensee, agent or employee to determine a person's age to purchase
alcoholic beverages.
Section 3: Amends § 65-b of the Alcoholic Beverage Control Law to
include biometric age verification as an affirmative defense to the sale
of alcoholic beverage(s) to an underage individual.
Section 4: Amends § 1399-bb of the Public Health Law to authorize the
use a "biometric identity verification device" to determine a person's
age related to the distribution of tobacco products and electronic ciga-
rettes without charge.
Section 5: Amends § 1399-cc of the Public Health Law to define "biome-
tric identity verification device."
Section 6: Amends § 1399-cc of the Public Health Law to authorize the
use of a "biometric identity verification device" to determine a
person's age for the purchase of tobacco products.
Section 7: Amends § 1399-cc of the Public Health Law to include biome-
tric age verification as an affirmative defense to the sale of tobacco
products to an underage individual.
Section 8: Sets effective date.
 
JUSTIFICATION:
Biometric age verification will help consumers and businesses by allow-
ing people to enter their favorite establishments or make alcohol or
tobacco purchases quickly without having to present photo identification
or even give their names and dates of birth. The process and technology'
authorized by this legislation will indicate to an establishment whether
the customer is of sufficient age to enter the establishment or make the
desired purchase. Biometric age verification technology is effortless to
use and highly accurate. The system identifies individuals and verifies
their age using biometric information that is extremely difficult to
alter or "fake", such as a fingerprint. The technology currently used by
the Transportation Security Administration manages a 100% accurate
verification rate.
 
LEGISLATIVE HISTORY:
Senate
2019: S6007A, Advanced to Third Reading
2020: S6007A, Amended and Recommitted to Investigations and Government
2021: S1817, Referred to Investigations and Government Operations
2022: S1817, Advanced to Third Reading
2023: S6656, Advanced to Third Reading
2024: S6656, Referred to Investigations and Government Operations
Assembly
2019: No Assembly Same-As
2020: A10871,Referred to Economic Development
2021: A5983, Referred to Economic Development
2022: A5983, Referred to Economic Development
2023: A2621, Referred to Economic Development
2024: A2621, Referred to Economic Development
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the addition, amendment, and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.

Statutes affected:
S565: 65-b alcoholic beverage control law, 65-b(1) alcoholic beverage control law, 65-b(2) alcoholic beverage control law, 65-b(7) alcoholic beverage control law, 1399-bb public health law, 1399-bb(5) public health law, 1399-cc public health law, 1399-cc(1) public health law, 1399-cc(3) public health law