Assembly Bill A722

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 Assembly 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to health
Jun 03, 2009	print number 722a
Jun 03, 2009	amend and recommit to codes
Apr 28, 2009	reported referred to codes
Jan 07, 2009	referred to health

Bill Amendments

Original

A (Active)

2009-A722 - Details

Current Committee:: Assembly Health
Laws Affected:: Amd Pub Health L, generally; amd §260.21, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A4863
2013-2014: A6393

2009-A722 - Summary

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.

2009-A722 - Bill Text download pdf

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

                                   722

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of A. GALEF, DINOWITZ, CONTE, WEISENBERG, BENEDETTO,
  ZEBROWSKI, BOYLAND,  ESPAILLAT,  FIELDS,  HOOPER,  JAFFEE,  MILLER  --
  Multi-Sponsored by -- M. of A.  EDDINGTON, GOTTFRIED, HIKIND, LATIMER,
  MAYERSOHN, McDONOUGH, MILLMAN, REILLY, N. RIVERA, P. RIVERA, ROBINSON,
  SWEENEY, 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:

  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,

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

                                                           LBD00916-02-9

A. 722                              2

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)
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-

A. 722                              3

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 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.

A. 722                              4

  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
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;

A. 722                              5

  (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 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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2009-A722A (ACTIVE) - Details

Current Committee:: Assembly Health
Laws Affected:: Amd Pub Health L, generally; amd §260.21, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A4863
2013-2014: A6393

2009-A722A (ACTIVE) - Summary

2009-A722A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A722A

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 OR GENERAL IDEA OF BILL: To raise the purchasing age for tobacco
products from eighteen to nineteen  and  restrict  access  of  under-age
children to tobacco products purchased by older acquaintances.

SUMMARY  OF SPECIFIC PROVISIONS: This legislation amends Section 1399-cc
of the Public Health Law: (1) to raise the purchasing  age  for  tobacco
products from eighteen to nineteen, unless such individuals are eighteen
years  of  age  who are serving in the United States military, including
but not limited to, the National Guard and Reserves;  and  (2)  requires
identification  of any individual who reasonably appears less than twen-
ty-xix years of age when purchasing a tobacco product.  It  also  amends
Sections  1399-aa, 1399-b, 1399-dd, and 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. The opening paragraph of Section 1399-hh is amended to
read  nineteen  years of age instead of eighteen years of age. Paragraph
(0 of subdivision 2 of Section 1399-ii is amended to read nineteen years
of age instead of eighteen  years  of  age.  The  closing  paragraph  of
Section  1399-kk  is  amended  to  read nineteen years of age instead of
eighteen years of age. Finally, the opening paragraph and paragraphs (f)
and (g) of subdivision 2 of Section 1399-kk  will  be  amended  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, fifty-three thousand
youth under the age of eighteen 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 inter-
vention will be the most successful in  preventing  addiction  to  ciga-
rettes.

In a study published in the American Journal of Public Health, research-
ers  found  that  the most likely group of people to be asked to provide
cigarettes by underage children are 18-19 years old.  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  atti-
tudes  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 opportu-
nity.  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 initi-
ation. The majority of smoking 16 years of age and younger are intermit-
tent  users. Addictive smoking requiring regular purchased begins later,
at a median age o 17. Raising the purchase age provides  an  opportunity
to expose intermittent users to strong counter-marketing, and de-normal-
izing  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.

The  exception to this law is individuals who are eighteen years old and
are serving in the United States military, including but not limited to,
the National Guard and Reserves.

PRIOR LEGISLATIVE HISTORY:  Similar but not identical to:   A. 2537  and
S. 4515 of 2007/2008 A. 5883 and S. 5098 of 2005/2006

FISCAL IMPLICATIONS: None.

EFFECTIVE  DATE: One hundred and twenty days after this act becomes law;
provided that the amendments to  subdivisions  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 repeal of such section pursuant of section 4 of  Chap-

ter  519  of  the  laws  of  1999,  as  amended, when upon such date the
provisions of section two of this act shall take effect.

2009-A722A (ACTIVE) - Bill Text download pdf

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

                                 722--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of A. GALEF, DINOWITZ, CONTE, WEISENBERG, BENEDETTO,
  ZEBROWSKI,  BOYLAND,  ESPAILLAT,  FIELDS,  HOOPER,   JAFFEE,   MILLER,
  N. RIVERA,  TOBACCO -- Multi-Sponsored by -- M. of A. CALHOUN, EDDING-
  TON, FINCH, GOTTFRIED, HIKIND, KOLB, LATIMER, MARKEY, MAYERSOHN, McDO-
  NOUGH, MILLMAN, PAULIN, REILLY, P. RIVERA, ROBINSON, SWEENEY,  THIELE,
  TOWNS -- read once and referred to the Committee on Health -- reported
  and  referred  to the Committee on Codes -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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, UNLESS SUCH INDIVID-
UALS  ARE  EIGHTEEN  YEARS  OF  AGE WHO ARE SERVING IN THE UNITED STATES
MILITARY, INCLUDING BUT NOT LIMITED TO, THE NATIONAL GUARD AND RESERVES;
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00916-03-9

A. 722--A                           2

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)
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, UNLESS SUCH INDIVIDUALS ARE
EIGHTEEN YEARS OF AGE WHO ARE SERVING IN  THE  UNITED  STATES  MILITARY,
INCLUDING BUT NOT LIMITED TO, THE NATIONAL GUARD AND RESERVES.
  S  2.  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 3. 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  4.  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

A. 722--A                           3

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  5.  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  6.  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
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  7.  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  8.  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 9. 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:

A. 722--A                           4

  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 10. 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  11. 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:

A. 722--A                           5

  (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 12. 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  13.  This  act  shall  take effect on the one hundred twentieth day
after it shall have become a law.

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Assembly Bill A722

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Archive: Last Bill Status - In Assembly Committee

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