NY State Senate Bill 2009-S7694

Senate Bill S7694

2009-2010 Legislative Session

Prohibits the sale of tobacco products, herbal cigarettes, rolling papers or pipes to persons under nineteen years of age

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 03, 2010	referred to health

2009-S7694 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§1399-cc & 1399-ee, Pub Health L

2009-S7694 (ACTIVE) - Summary

Prohibits the sale of tobacco products, herbal cigarettes, rolling papers or pipes to persons under nineteen years of age.

2009-S7694 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7694

 TITLE OF BILL :
An act to amend the public health law, in relation to prohibiting the
sale of tobacco products, herbal cigarettes, rolling papers or pipes
to persons under nineteen years of age


 PURPOSE :
To reduce the use of tobacco products by teenagers.

 SUMMARY OF PROVISIONS :
Section 1. and subdivisions 2, 3, and 7 of section 1399-cc of public
health law, section heading and subdivision 2 as amended by chapter
508 of the laws of 2000, subdivision 3 as separately amended by
Chapter 508 of the laws of 200 and chapter 162 of the laws of 2002 and
subdivision 7 as amended by chapter 13 of the laws of 2003.

 JUSTIFICATION :
The United States Department of Health and Human Services estimates
that more than 3,000 children nationwide start smoking every day, and
that more than three million American children under age 18 consume
more than 947 million packs of cigarettes annually. The use of tobacco
products and smoking is almost always initiated and established in
adolescence, typically by 16 years of age. Because nicotine addiction
occurs during adolescence, adolescent tobacco users are likely to

become adult tobacco users. Tobacco is generally the first drug used
by young people who enter a sequence of drug use that can include
alcohol, marijuana, and harder drugs, the purchase, possession, or use
of which by minors is already prohibited by law.

The prohibition on the sale of tobacco products to persons under the
age of 19 may help reduce the number of teenage smokers by reducing
peer access. Underage smokers typically acquire cigarettes from their
high school peers who are the age of 18 which is the current legal age
of purchasing tobacco products. Raising the age to 19 may help
alleviate this process because most teens graduate high school before
their 19th birthday.

Currently, the states of Alabama, Alaska, New Jersey and Utah have
already implemented laws to raise the age of purchasing tobacco
products to 19. The New York counties of Nassau, Suffolk and Onondaga
have also implemented local laws which raise the tobacco purchasing
age to 19. It must be the public policy of this State to deter
children and adolescents from using tobacco products and thereby seek
to protect them from the possible affliction of tobacco-related
disease, disability, and death.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
State will incur future cost-savings in health costs by the possible
reduction of tobacco use.

 EFFECTIVE DATE :
This bill shall take effect immediately.

2009-S7694 (ACTIVE) - Bill Text download pdf

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

                                  7694

                            I N  S E N A T E

                               May 3, 2010
                               ___________

Introduced  by  Sen.  ESPADA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation  to  prohibiting  the
  sale  of  tobacco products, herbal cigarettes, rolling papers or pipes
  to persons under nineteen years of age

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The section heading and subdivisions 2, 3 and 7 of section
1399-cc of the public health law, the section heading and subdivision  2
as  amended  by  chapter 508 of the laws of 2000, subdivision 3 as sepa-
rately amended by chapter 508 of the laws of 2000 and 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:
  Sale  of  tobacco products, herbal cigarettes, rolling papers or pipes
to [minors] PERSONS UNDER NINETEEN YEARS OF AGE prohibited.
  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)
an identification card issued by the armed forces of the United  States,

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

                                                           LBD16838-01-0

S. 7694                             2

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 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 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. Paragraph (a) of subdivision 3 of section 1399-ee of  the  public
health law, as amended by chapter 162 of the laws of 2002, is amended to
read as follows:
  (a) Imposition of points. If the enforcement officer determines, after
a  hearing,  that  the retail dealer violated subdivision one of section
thirteen hundred ninety-nine-cc  of  this  article  with  respect  to  a
prohibited  sale  to a [minor] PERSON UNDER NINETEEN YEARS OF AGE, he or
she shall, in addition to imposing any other penalty required or permit-
ted pursuant to this section, assign two points to the  retail  dealer's
record  where  the individual who committed the violation did not hold a
certificate of completion from a state certified tobacco sales  training
program  and  one  point  where  the retail dealer demonstrates that the
person who committed the violation held a certificate of completion from
a state certified tobacco sales training program.
  S 3. This act shall take effect immediately.

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