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.