Bill Text: NY A04863 | 2011-2012 | General Assembly | Introduced
Bill Title: Increases the purchasing age for tobacco and tobacco products from 18 years of age to 19 years of age; exempts individuals who are eighteen years of age or older who are serving in the United States military, National Guard or reserves.
Spectrum: Slight Partisan Bill (Democrat 21-9)
Status: (Introduced - Dead) 2012-06-05 - held for consideration in codes [A04863 Detail]
Download: New_York-2011-A04863-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4863 2011-2012 Regular Sessions I N A S S E M B L Y February 8, 2011 ___________ Introduced by M. of A. GALEF, DINOWITZ, CONTE, WEISENBERG, BENEDETTO, ZEBROWSKI, BOYLAND, HOOPER, JAFFEE, J. MILLER, N. RIVERA, TOBACCO -- Multi-Sponsored by -- M. of A. CALHOUN, FINCH, GOTTFRIED, HIKIND, KOLB, LATIMER, MARKEY, MAYERSOHN, McDONOUGH, MILLMAN, PAULIN, REILLY, P. RIVERA, ROBINSON, SWEENEY, THIELE, TOWNS -- read once and referred to the Committee on Health AN ACT to amend the public health law and the penal law, in relation to increasing the purchasing age for tobacco products from eighteen to nineteen THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivisions 2, 3 and 7 of section 1399-cc of the public 2 health law, subdivisions 2 and 3 as amended by chapter 508 of the laws 3 of 2000, subdivision 3 as separately amended by chapter 162 of the laws 4 of 2002 and subdivision 7 as amended by chapter 13 of the laws of 2003, 5 are amended to read as follows: 6 2. Any person operating a place of business wherein tobacco products 7 or herbal cigarettes are sold or offered for sale is prohibited from 8 selling such products, herbal cigarettes, rolling papers or pipes to 9 individuals under [eighteen] NINETEEN years of age, UNLESS SUCH INDIVID- 10 UALS ARE EIGHTEEN YEARS OF AGE WHO ARE SERVING IN THE UNITED STATES 11 MILITARY, INCLUDING BUT NOT LIMITED TO, THE NATIONAL GUARD AND RESERVES; 12 and shall post in a conspicuous place a sign upon which there shall be 13 imprinted the following statement, "SALE OF CIGARETTES, CIGARS, CHEWING 14 TOBACCO, POWDERED TOBACCO, OR OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, 15 ROLLING PAPERS OR PIPES, TO PERSONS UNDER [EIGHTEEN] NINETEEN YEARS OF 16 AGE IS PROHIBITED BY LAW." Such sign shall be printed on a white card 17 in red letters at least one-half inch in height. 18 3. Sale of tobacco products or herbal cigarettes in such places, other 19 than by a vending machine, shall be made only to an individual who 20 demonstrates, through (a) a valid driver's license or non-driver's iden- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03381-02-1 A. 4863 2 1 tification card issued by the commissioner of motor vehicles, the feder- 2 al government, any United States territory, commonwealth or possession, 3 the District of Columbia, a state government within the United States or 4 a provincial government of the dominion of Canada, or (b) a valid pass- 5 port issued by the United States government or any other country, or (c) 6 an identification card issued by the armed forces of the United States, 7 indicating that the individual is at least [eighteen] NINETEEN years of 8 age. Such identification need not be required of any individual who 9 reasonably appears to be at least [twenty-five] TWENTY-SIX years of age, 10 provided, however, that such appearance shall not constitute a defense 11 in any proceeding alleging the sale of a tobacco product or herbal ciga- 12 rettes to an individual under [eighteen] NINETEEN years of age. 13 7. No person operating a place of business wherein tobacco products or 14 herbal cigarettes are sold or offered for sale shall sell, permit to be 15 sold, offer for sale or display for sale any tobacco product or herbal 16 cigarettes in any manner, unless such products and cigarettes are stored 17 for sale (a) behind a counter in an area accessible only to the person- 18 nel of such business, or (b) in a locked container; provided, however, 19 such restriction shall not apply to tobacco businesses, as defined in 20 subdivision eight of section thirteen hundred ninety-nine-aa of this 21 article, and to places to which admission is restricted to persons 22 [eighteen] NINETEEN years of age or older, UNLESS SUCH INDIVIDUALS ARE 23 EIGHTEEN YEARS OF AGE WHO ARE SERVING IN THE UNITED STATES MILITARY, 24 INCLUDING BUT NOT LIMITED TO, THE NATIONAL GUARD AND RESERVES. 25 S 2. Subdivision 4 of section 1399-aa of the public health law, as 26 added by chapter 799 of the laws of 1992, is amended to read as follows: 27 4. "Private club" means an organization with no more than an insignif- 28 icant portion of its membership comprised of people under the age of 29 [eighteen] NINETEEN years that regularly receives dues and/or payments 30 from its members for the use of space, facilities and services. 31 S 3. Paragraphs (b), (c) and (f) of subdivision 2 of section 1399-bb 32 of the public health law, as amended by chapter 13 of the laws of 2003, 33 are amended to read as follows: 34 (b) conventions and trade shows; provided that the distribution is 35 confined to designated areas generally accessible only to persons over 36 the age of [eighteen] NINETEEN; 37 (c) events sponsored by tobacco or herbal cigarette manufacturers 38 provided that the distribution is confined to designated areas generally 39 accessible only to persons over the age of [eighteen] NINETEEN; 40 (f) factories as defined in subdivision nine of section thirteen 41 hundred ninety-nine-aa of this article and construction sites; provided 42 that the distribution is confined to designated areas generally accessi- 43 ble only to persons over the age of [eighteen] NINETEEN. 44 S 4. Subdivision 4 of section 1399-bb of the public health law, as 45 amended by chapter 508 of the laws of 2000, is amended to read as 46 follows: 47 4. The distribution of tobacco products or herbal cigarettes pursuant 48 to subdivision two of this section shall be made only to an individual 49 who demonstrates, through a driver's license or other photographic iden- 50 tification card issued by a government entity or educational institution 51 indicating that the individual is at least [eighteen] NINETEEN years of 52 age. Such identification need not be required of any individual who 53 reasonably appears to be at least [twenty-five] TWENTY-SIX years of age; 54 provided, however, that such appearance shall not constitute a defense 55 in any proceeding alleging the sale of a tobacco product or herbal ciga- 56 rette to an individual UNDER NINETEEN YEARS OF AGE. A. 4863 3 1 S 5. Section 1399-dd of the public health law, as amended by chapter 2 13 of the laws of 2003, is amended to read as follows: 3 S 1399-dd. Sale of tobacco products or herbal cigarettes in vending 4 machines. No person, firm, partnership, company or corporation shall 5 operate a vending machine which dispenses tobacco products or herbal 6 cigarettes unless such machine is located: (a) in a bar as defined in 7 subdivision one of section thirteen hundred ninety-nine-n of this chap- 8 ter, or the bar area of a food service establishment with a valid, 9 on-premises full liquor license; (b) in a private club; (c) in a tobacco 10 business as defined in subdivision eight of section thirteen hundred 11 ninety-nine-aa of this article; or (d) in a place of employment which 12 has an insignificant portion of its regular workforce comprised of 13 people under the age of [eighteen] NINETEEN years and only in such 14 locations that are not accessible to the general public; provided, 15 however, that in such locations the vending machine is located in plain 16 view and under the direct supervision and control of the person in 17 charge of the location or his or her designated agent or employee. 18 S 6. Subdivision 1 of section 1399-ff of the public health law, as 19 amended by chapter 508 of the laws of 2000, is amended to read as 20 follows: 21 1. Where a civil penalty for a particular incident has not been 22 imposed or an enforcement action regarding an alleged violation for a 23 particular incident is not pending under section thirteen hundred nine- 24 ty-nine-ee of this article, a parent or guardian of a [minor] PERSON 25 UNDER NINETEEN YEARS OF AGE to whom tobacco products or herbal ciga- 26 rettes are sold or distributed in violation of this article may submit a 27 complaint to an enforcement officer setting forth the name and address 28 of the alleged violator, the date of the alleged violation, the name and 29 address of the complainant and the minor, and a brief statement describ- 30 ing the alleged violation. The enforcement officer shall notify the 31 alleged violator by certified or registered mail, return receipt 32 requested, that a complaint has been submitted, and shall set a date, at 33 least fifteen days after the mailing of such notice, for a hearing on 34 the complaint. Such notice shall contain the information submitted by 35 the complainant. 36 S 7. The opening paragraph of section 1399-hh of the public health 37 law, as added by chapter 433 of the laws of 1997, is amended to read as 38 follows: 39 The commissioner shall develop, plan and implement a comprehensive 40 program to reduce the prevalence of tobacco use, particularly among 41 persons less than [eighteen] NINETEEN years of age. This program shall 42 include, but not be limited to, support for enforcement of THIS article 43 [thirteen-F of this chapter]. 44 S 8. Paragraph (f) of subdivision 2 of section 1399-ii of the public 45 health law, as added by chapter 1 of the laws of 1999, is amended to 46 read as follows: 47 (f) Restriction of [youth] access to tobacco products BY PERSONS UNDER 48 NINETEEN YEARS OF AGE; 49 S 9. Subdivisions 1 and 3 of section 1399-jj of the public health law, 50 as amended by chapter 1 of the laws of 1999, are amended to read as 51 follows: 52 1. The commissioner shall evaluate the effectiveness of the efforts by 53 state and local governments to reduce the use of tobacco products among 54 [minors] PERSONS UNDER NINETEEN YEARS OF AGE and adults. The principal 55 measurements of effectiveness shall include negative attitudes toward A. 4863 4 1 tobacco use and reduction of tobacco use among the general population, 2 and given target populations. 3 3. To diminish tobacco use among [minors] PERSONS UNDER NINETEEN YEARS 4 OF AGE and adults, the commissioner shall ensure that, to the extent 5 practicable, the following is achieved: 6 The department shall conduct an independent evaluation of the state- 7 wide tobacco use prevention and control program under section thirteen 8 hundred ninety-nine-ii of this article. The purpose of this evaluation 9 is to direct the most efficient allocation of state resources devoted to 10 tobacco education and cessation to accomplish the maximum prevention and 11 reduction of tobacco use among [minors] PERSONS UNDER NINETEEN YEARS OF 12 AGE and adults. Such evaluation shall be provided to the governor, the 13 majority leader of the senate and the speaker of the assembly on or 14 before September first, two thousand one, and annually on or before such 15 date thereafter. The comprehensive evaluation design shall be guided by 16 the following: 17 (a) sound evaluation principles including, to the extent feasible, 18 elements of controlled experimental methods; 19 (b) an evaluation of the comparative effectiveness of individual 20 program designs which shall be used in funding decisions and program 21 modifications; and 22 (c) an evaluation of other programs identified by state agencies, 23 local lead agencies, and federal agencies. 24 S 10. The opening paragraph and the closing paragraph of section 25 1399-kk of the public health law, as added by chapter 433 of the laws of 26 1997, are amended to read as follows: 27 The commissioner shall submit to the governor and the legislature an 28 interim tobacco control report and annual tobacco control reports which 29 shall describe the extent of the use of tobacco products by [minors] 30 PERSONS UNDER NINETEEN YEARS OF AGE in the state and document the 31 progress state and local governments have made in reducing such use 32 among [minors] PERSONS UNDER NINETEEN YEARS OF AGE. 33 The annual tobacco control report shall, to the extent practicable, 34 include the following information: (a) tobacco control efforts sponsored 35 by state government agencies including money spent to educate [minors] 36 PERSONS UNDER NINETEEN YEARS OF AGE on the hazards of tobacco use; 37 (b) recommendations for improving tobacco control efforts in the 38 state; and 39 (c) such other information as the commissioner deems appropriate. 40 S 11. The opening paragraph and paragraphs (f) and (g) of subdivision 41 2 of section 1399-kk of the public health law, as added by chapter 433 42 of the laws of 1997, are amended to read as follows: 43 The commissioner shall submit to the governor and the legislature an 44 annual tobacco control report which shall describe the extent of the use 45 of tobacco products by [minors] PERSONS UNDER NINETEEN YEARS OF AGE in 46 the state and document the progress state and local governments have 47 made in reducing such use among [minors] PERSONS UNDER NINETEEN YEARS OF 48 AGE. The annual report shall be submitted to the governor and the legis- 49 lature on or before March thirty-first of each year beginning on March 50 thirty-first, nineteen hundred ninety-nine. The annual report shall, to 51 the extent practicable, include the following information on a county by 52 county basis: 53 (f) a survey of attitudes and behaviors regarding tobacco use among 54 [minors] PERSONS UNDER NINETEEN YEARS OF AGE. The initial such survey 55 shall be deemed to constitute the baseline survey; A. 4863 5 1 (g) the number of tobacco users and estimated trends in tobacco use 2 among [minors] PERSONS UNDER NINETEEN YEARS OF AGE; 3 S 12. Subdivision 3 of section 260.21 of the penal law, as added by 4 chapter 362 of the laws of 1992, is amended to read as follows: 5 3. He OR SHE sells or causes to be sold tobacco in any form to a child 6 less than [eighteen] NINETEEN years old. 7 S 13. This act shall take effect on the one hundred twentieth day 8 after it shall have become a law.