NY State Senate Bill 2009-S24

Senate Bill S24

2009-2010 Legislative Session

Increases the purchasing age for tobacco and tobacco products from 18 years of age to 19 years of age

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to health
Jan 07, 2009	referred to health

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2009-S24 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd Pub Health L, generally; amd §260.21, Pen L

2009-S24 (ACTIVE) - Summary

Increases the purchasing age for tobacco and tobacco products from 18 years of age to 19 years of age.

2009-S24 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S24

 TITLE OF BILL :

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


 PURPOSE:

To raise the purchasing age for tobacco products from eighteen to
nineteen and restrict access of underage children to tobacco products
purchased by older acquaintances.

 SUMMARY OF PROVISIONS:

Amends section 1399-cc of the public health law (1) to raise the
purchasing age for tobacco products from eighteen to nineteen (2)
requires identification of any individual who reasonably appears less
than twenty-six years of age when purchasing tobacco product. Amends
sections 1399-aa, 1399-b, 1399-dd, 1399-ff to change eighteen years of
age to nineteen years of age and twenty-five years of age to
twenty-six years of age. Amends the opening paragraph of section
1399-hh to read nineteen years of age instead of eighteen years of
age. Amends paragraph (f) of subdivision 2 of section 1399-ii to read

nineteen years of age instead of eighteen years of age.  Amends the
closing paragraph of section 1399-kk to read nineteen years of age
instead of eighteen years of age.  Amends the opening paragraph and
paragraphs (f) and (g) of subdivision 2 of section 1399-kk to read
nineteen years of age instead of eighteen years of age.

 JUSTIFICATION :

The aim of this bill is to remove cigarettes from the reach of
underage children. Every year in New York, 53,000 youth under the age
of 18 become regular smokers. Many of them tried their first cigarette
before they entered high school. These youngsters must get their
cigarettes from somewhere. Tough retail laws and high taxes on
cigarettes in New York have essentially shut down the illegal purchase
of tobacco products by underage children. As a result, these youth
turn to older acquaintances, most often school mates, as sources for
cigarettes.

In a study by the US Centers for Disease Control and Prevention, 60%
of underage smokers reported getting cigarettes from older people,
either by borrowing or giving them money. Underage youth who use these
social sources for tobacco are generally younger and more intermittent
users of tobacco. It is within this population that intervention will
be the most successful in preventing addiction to cigarettes. In a
study published in the American Journal of Public Health, researchers
found that the most likely group of people to be asked to provide
cigarettes by underage children are 18-19 year aids.  These 18 and 19
year olds are still in school with underage smokers; they are people
who underage children attend classes with and socialize with before
and after school. More than half of every graduating class has already
turned 18. Only a very small percentage has turned 19. While the study
did not examine whether these individuals actually provided cigarettes
to underage youth, several factors, including the large percentage of
individuals who were asked, and the likelihood of more tolerant
attitudes toward youth smoking, this group of 18-19 year olds is
probably the biggest social source to underage smokers. Raising the
purchase age for tobacco to 19 will shut down this popular source for
tobacco products to underage children.


The best way to reduce the number of citizens who smoke is to prevent
initiation of tobacco use. A fairly short time passes between
initiation and addiction, and most interventions miss this small
window of opportunity.  Once someone becomes addicted to tobacco it is
very difficult to quit.  Recent studies show that fewer than 3% of
those who attempt to quit remain smoke free for more than a year.

Easily, the most effective way to prevent addiction is to prevent
initiation. The majority of smokers 16 years of age and younger are
intermittent users. Addictive smoking requiring regular purchase
begins later, at a median age of 17. Raising the purchase age provides
an opportunity to expose intermittent users strong counter-marketing,
and de-normalizing campaigns. Keeping kids tobacco free for a longer
period of time allows such interventions to reach students before they
become regular users.

Of the 50,000 plus youth who become regular smokers, half of them will
eventually die from smoking related disease. They will suffer from
cancer, emphysema, heart disease, asthma, and hypertension, to name a
few. All told, the underage smokers of today will cost the state over
11 billion dollars in health care costs and lost productivity. Simply
delaying tobacco use provides benefits. The earlier people begin to
smoke, the higher their risk for contracting lung cancer and other
health problems. Just being able to stop a small percentage of these
youth from smoking will yield incredible savings in medical bills and
lost work.

The key to reducing the number of smokers in New York is to stop them
before they start. Raising the smoking age to 19 removes cigarettes
from high schools and eliminates a popular source of tobacco from
underage children.

 LEGISLATIVE HISTORY:
2005-2006 Health Committee (S.5098/A.5883-A).
2007-2008 Health Committee (S.45I5/A.2537)

 FISCAL IMPLICATIONS: :
None.

 EFFECTIVE DATE:
One hundred and twenty days after this act becomes law.

2009-S24 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   24

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
  printed to be committed 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:

  Section 1. Subdivisions 2, 3 and 7 of section 1399-cc  of  the  public
health  law,  subdivisions 2 and 3 as amended by chapter 508 of the laws
of 2000, subdivision 3 as separately amended by chapter 162 of the  laws
of  2002 and subdivision 7 as amended by chapter 13 of the laws of 2003,
are amended to read as follows:
  2. Any person operating a place of business wherein  tobacco  products
or  herbal  cigarettes  are  sold or offered for sale is prohibited from
selling such products, herbal cigarettes, rolling  papers  or  pipes  to
individuals  under [eighteen] NINETEEN years of age, and shall post in a
conspicuous place a sign upon which there shall be imprinted the follow-
ing statement, "SALE OF CIGARETTES, CIGARS,  CHEWING  TOBACCO,  POWDERED
TOBACCO, OR OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, ROLLING PAPERS OR
PIPES,  TO  PERSONS UNDER [EIGHTEEN] NINETEEN YEARS OF AGE IS PROHIBITED
BY LAW."  Such sign shall be printed on a white card in red  letters  at
least one-half inch in height.
  3. Sale of tobacco products or herbal cigarettes in such places, other
than  by  a  vending  machine,  shall  be made only to an individual who
demonstrates, through (a) a valid driver's license or non-driver's iden-
tification card issued by the commissioner of motor vehicles, the feder-
al government, any United States territory, commonwealth or  possession,
the District of Columbia, a state government within the United States or
a  provincial government of the dominion of Canada, or (b) a valid pass-
port issued by the United States government or any other country, or (c)

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD00916-02-9

S. 24                               2

an identification card issued by the armed forces of the United  States,
indicating  that the individual is at least [eighteen] NINETEEN years of
age. Such identification need not be  required  of  any  individual  who
reasonably appears to be at least [twenty-five] TWENTY-SIX years of age,
provided,  however,  that such appearance shall not constitute a defense
in any proceeding alleging the sale of a tobacco product or herbal ciga-
rettes to an individual under [eighteen] NINETEEN years of age.
  7. No person operating a place of business wherein tobacco products or
herbal cigarettes are sold or offered for sale shall sell, permit to  be
sold,  offer  for sale or display for sale any tobacco product or herbal
cigarettes in any manner, unless such products and cigarettes are stored
for sale (a) behind a counter in an area accessible only to the  person-
nel  of  such business, or (b) in a locked container; provided, however,
such restriction shall not apply to tobacco businesses,  as  defined  in
subdivision  eight  of  section  thirteen hundred ninety-nine-aa of this
article, and to places to  which  admission  is  restricted  to  persons
[eighteen] NINETEEN years of age or older.
  S  2.  Section 1399-cc of the public health law, as amended by chapter
568 of the laws of 2001, subdivision 1 as amended by chapter 162 of  the
laws  of  2002 and subdivision 2 as amended by chapter 13 of the laws of
2003, is amended to read as follows:
  S 1399-cc. Sale of tobacco  products  or  herbal  cigarettes,  rolling
papers  or pipes to [minors] PERSONS UNDER NINETEEN YEARS OF AGE prohib-
ited. 1. Any person  operating  a  place  of  business  wherein  tobacco
products or herbal cigarettes are sold or offered for sale is prohibited
from  selling  such products, herbal cigarettes, rolling papers or pipes
to individuals under [eighteen] NINETEEN years of age, and shall post in
a conspicuous place a sign upon  which  there  shall  be  imprinted  the
following  statement,  "SALE  OF  CIGARETTES,  CIGARS,  CHEWING TOBACCO,
POWDERED TOBACCO, OR OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES,  ROLLING
PAPERS  OR  PIPES,  TO PERSONS UNDER [EIGHTEEN] NINETEEN YEARS OF AGE IS
PROHIBITED BY LAW." Such sign shall be printed on a white  card  in  red
letters  at  least  one-half inch in height. Sale of tobacco products or
herbal cigarettes in such places, other than by a vending machine, shall
be made only to an individual who  demonstrates,  through  (a)  a  valid
driver's  license  or  non-driver's  identification  card  issued by the
commissioner of motor  vehicles,  the  federal  government,  any  United
States  territory, commonwealth or possession, the District of Columbia,
a state government within the United States or a  provincial  government
of  the dominion of Canada, or (b) a valid passport issued by the United
States government or any other country, or (c)  an  identification  card
issued  by  the  armed  forces of the United States, indicating that the
individual is at least [eighteen] NINETEEN years of age. Such  identifi-
cation  need not be required of any individual who reasonably appears to
be at least [twenty-five] TWENTY-SIX years of  age,  provided,  however,
that  such  appearance  shall not constitute a defense in any proceeding
alleging the sale of a tobacco product or herbal cigarettes to an  indi-
vidual under [eighteen] NINETEEN years of age.
  2. No person operating a place of business wherein tobacco products or
herbal  cigarettes are sold or offered for sale shall sell, permit to be
sold, offer for sale or display for sale any tobacco product  or  herbal
cigarettes in any manner, unless such products and cigarettes are stored
for  sale (a) behind a counter in an area accessible only to the person-
nel of such business, or (b) in a locked container;  provided,  however,
such  restriction  shall  not apply to tobacco businesses, as defined in
subdivision eight of section thirteen  hundred  ninety-nine-aa  of  this

S. 24                               3

article,  and  to  places  to  which  admission is restricted to persons
[eighteen] NINETEEN years of age or older.
  S  3.  Subdivision  4  of section 1399-aa of the public health law, as
added by chapter 799 of the laws of 1992, is amended to read as follows:
  4. "Private club" means an organization with no more than an insignif-
icant portion of its membership comprised of people  under  the  age  of
[eighteen]  NINETEEN  years that regularly receives dues and/or payments
from its members for the use of space, facilities and services.
  S 4. Paragraphs (b), (c) and (f) of subdivision 2 of  section  1399-bb
of  the public health law, as amended by chapter 13 of the laws of 2003,
are amended to read as follows:
  (b) conventions and trade shows; provided  that  the  distribution  is
confined  to  designated areas generally accessible only to persons over
the age of [eighteen] NINETEEN;
  (c) events sponsored by  tobacco  or  herbal  cigarette  manufacturers
provided that the distribution is confined to designated areas generally
accessible only to persons over the age of [eighteen] NINETEEN;
  (f)  factories  as  defined  in  subdivision  nine of section thirteen
hundred ninety-nine-aa of this article and construction sites;  provided
that the distribution is confined to designated areas generally accessi-
ble only to persons over the age of [eighteen] NINETEEN.
  S  5.  Subdivision  4  of section 1399-bb of the public health law, as
amended by chapter 508 of the laws  of  2000,  is  amended  to  read  as
follows:
  4.  The distribution of tobacco products or herbal cigarettes pursuant
to subdivision two of this section shall be made only to  an  individual
who demonstrates, through a driver's license or other photographic iden-
tification card issued by a government entity or educational institution
indicating  that the individual is at least [eighteen] NINETEEN years of
age. Such identification need not be  required  of  any  individual  who
reasonably appears to be at least [twenty-five] TWENTY-SIX years of age;
provided,  however,  that such appearance shall not constitute a defense
in any proceeding alleging the sale of a tobacco product or herbal ciga-
rette to an individual UNDER NINETEEN YEARS OF AGE.
  S 6. Section 1399-dd of the public health law, as amended  by  chapter
13 of the laws of 2003, is amended to read as follows:
  S  1399-dd.  Sale  of tobacco products or herbal cigarettes in vending
machines. No person, firm, partnership,  company  or  corporation  shall
operate  a  vending  machine  which dispenses tobacco products or herbal
cigarettes unless such machine is located: (a) in a bar  as  defined  in
subdivision  one of section thirteen hundred ninety-nine-n of this chap-
ter, 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  regular workforce comprised of
people under the age of [eighteen]  NINETEEN  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.
  S 7. Subdivision 1 of section 1399-ff of the  public  health  law,  as
amended  by  chapter  508  of  the  laws  of 2000, is amended to read as
follows:
  1. Where a civil penalty  for  a  particular  incident  has  not  been
imposed  or  an  enforcement action regarding an alleged violation for a

S. 24                               4

particular incident is not pending under section thirteen hundred  nine-
ty-nine-ee  of  this  article,  a parent or guardian of a [minor] PERSON
UNDER NINETEEN YEARS OF AGE to whom tobacco  products  or  herbal  ciga-
rettes are sold or distributed in violation of this article may submit a
complaint  to  an enforcement officer setting forth the name and address
of the alleged violator, the date of the alleged violation, the name and
address of the complainant and the minor, and a brief statement describ-
ing the alleged violation. The  enforcement  officer  shall  notify  the
alleged  violator  by  certified  or  registered  mail,  return  receipt
requested, that a complaint has been submitted, and shall set a date, at
least fifteen days after the mailing of such notice, for  a  hearing  on
the  complaint.  Such  notice shall contain the information submitted by
the complainant.
  S 8. The opening paragraph of section 1399-hh  of  the  public  health
law,  as added by chapter 433 of the laws of 1997, is amended to read as
follows:
  The commissioner shall develop, plan  and  implement  a  comprehensive
program  to  reduce  the  prevalence  of tobacco use, particularly among
persons less than [eighteen] NINETEEN years of age. This  program  shall
include,  but not be limited to, support for enforcement of THIS article
[thirteen-F of this chapter].
  S 9. Paragraph (f) of subdivision 2 of section 1399-ii of  the  public
health  law,  as  added  by chapter 1 of the laws of 1999, is amended to
read as follows:
  (f) Restriction of [youth] access to tobacco products BY PERSONS UNDER
NINETEEN YEARS OF AGE;
  S 10. Subdivisions 1 and 3 of section 1399-jj  of  the  public  health
law, as amended by chapter 1 of the laws of 1999, are amended to read as
follows:
  1. The commissioner shall evaluate the effectiveness of the efforts by
state  and local governments to reduce the use of tobacco products among
[minors] PERSONS UNDER NINETEEN YEARS OF AGE and adults.  The  principal
measurements  of  effectiveness  shall include negative attitudes toward
tobacco use and reduction of tobacco use among the  general  population,
and given target populations.
  3. To diminish tobacco use among [minors] PERSONS UNDER NINETEEN YEARS
OF  AGE  and  adults,  the commissioner shall ensure that, to the extent
practicable, the following is achieved:
  The department shall conduct an independent evaluation of  the  state-
wide  tobacco  use prevention and control program under section thirteen
hundred ninety-nine-ii of this article. The purpose of  this  evaluation
is to direct the most efficient allocation of state resources devoted to
tobacco education and cessation to accomplish the maximum prevention and
reduction  of tobacco use among [minors] PERSONS UNDER NINETEEN YEARS OF
AGE and adults. Such evaluation shall be provided to the  governor,  the
majority  leader  of  the  senate  and the speaker of the assembly on or
before September first, two thousand one, and annually on or before such
date thereafter. The comprehensive evaluation design shall be guided  by
the following:
  (a)  sound  evaluation  principles  including, to the extent feasible,
elements of controlled experimental methods;
  (b) an evaluation  of  the  comparative  effectiveness  of  individual
program  designs  which  shall  be used in funding decisions and program
modifications; and
  (c) an evaluation of other  programs  identified  by  state  agencies,
local lead agencies, and federal agencies.

S. 24                               5

  S  11.  The  opening  paragraph  and  the closing paragraph of section
1399-kk of the public health law, as added by chapter 433 of the laws of
1997, are amended to read as follows:
  The  commissioner  shall submit to the governor and the legislature an
interim tobacco control report and annual tobacco control reports  which
shall  describe  the  extent  of the use of tobacco products by [minors]
PERSONS UNDER NINETEEN YEARS OF  AGE  in  the  state  and  document  the
progress  state  and  local  governments  have made in reducing such use
among [minors] PERSONS UNDER NINETEEN YEARS OF AGE.
  The annual tobacco control report shall, to  the  extent  practicable,
include the following information: (a) tobacco control efforts sponsored
by  state  government agencies including money spent to educate [minors]
PERSONS UNDER NINETEEN YEARS OF AGE on the hazards of tobacco use;
  (b) recommendations for  improving  tobacco  control  efforts  in  the
state; and
  (c) such other information as the commissioner deems appropriate.
  S  12. The opening paragraph and paragraphs (f) and (g) of subdivision
2 of section 1399-kk of the public health law, as added by  chapter  433
of the laws of 1997, are amended to read as follows:
  The  commissioner  shall submit to the governor and the legislature an
annual tobacco control report which shall describe the extent of the use
of tobacco products by [minors] PERSONS UNDER NINETEEN YEARS OF  AGE  in
the  state  and  document  the progress state and local governments have
made in reducing such use among [minors] PERSONS UNDER NINETEEN YEARS OF
AGE. The annual report shall be submitted to the governor and the legis-
lature on or before March thirty-first of each year beginning  on  March
thirty-first, nineteen hundred ninety-nine.  The annual report shall, to
the extent practicable, include the following information on a county by
county basis:
  (f)  a  survey  of attitudes and behaviors regarding tobacco use among
[minors] PERSONS UNDER NINETEEN YEARS OF AGE. The  initial  such  survey
shall be deemed to constitute the baseline survey;
  (g)  the  number  of tobacco users and estimated trends in tobacco use
among [minors] PERSONS UNDER NINETEEN YEARS OF AGE;
  S 13. Subdivision 3 of section 260.21 of the penal law,  as  added  by
chapter 362 of the laws of 1992, is amended to read as follows:
  3. He OR SHE sells or causes to be sold tobacco in any form to a child
less than [eighteen] NINETEEN years old.
  S  14.  This  act  shall  take effect on the one hundred twentieth day
after it shall have become a law; provided that the amendments to subdi-
visions 2, 3 and 7 of section 1399-cc of the public health law  made  by
section one of this act shall be subject to the expiration and reversion
of  such  section  pursuant  to  section 4 of chapter 519 of the laws of
1999, as amended, when upon such date the provisions of section  two  of
this act shall take effect.

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Senate Bill S24

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Sponsored By

Charles J. Fuschillo Jr.