Bill S7053-2013

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

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.

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  • Apr 23, 2014: REFERRED TO HEALTH

Memo

BILL NUMBER:S7053

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 increase the purchasing age for tobacco and tobacco products from eighteen to nineteen years of age.

SUMMARY OF PROVISIONS:

Section 1: Subdivisions 2, 3 and 7 of section 1399-cc of the Public Health Law, as amended by Chapter 448 of the Laws of 2012, are amended and a new subdivision 8 is added so that: 2. the age of 'eighteen' is replaced with '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". 3. The age of 'twenty-five' is replaced by 'twenty-six' years of age for identification, and 'eighteen' is replaced by 'nineteen'. 7. the age of 'eighteen' is replaced with '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". 8. Nothing in this section shall be deemed to limit the authority of any county, city, town or village to adopt or amend any local law or ordinance which imposes stricter restrictions and conditions on the minimum age requirement provided or authorized by this section.

§ 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 replace 'eighteen' with 'nineteen'.

§ 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 so 'eighteen' is replaced by 'nineteen'.

§ 4. Subdivision 4 of Section 1399-bb of the Public Health Law, as amended, by Chapter 508 of the Laws of 2000, is amended an a new subdivision 5 is added: The distribution of tobacco products or herbal cigarettes shall be made only to an individual is at least nineteen years of age. Such identification need not be required of any individual who reasonably appears to be at least twenty-six years of age, but such appearance doesn't constitute a defense in any proceeding alleging sale to person under nineteen, and nothing in the section limits authority of county, city, town or village regarding a minimum age requirement.

§ 5. Section 1399-dd of the Public Health Law, as amended by Chapter 448 of the Laws of 2012, is amended so that the age of 'eighteen' is replaced by 'nineteen', and nothing in the section limits authority of county, city, town or village regarding a minimum age requirement.

§ 6. Subdivision 1 of Section 1399-ff of the Public Health Law, as amended by Chapter 448 of the Laws of 2012, is amended and a new subdivision 4 is added so that 'minor' is replaced by 'person under

nineteen years of age', and nothing in the section limits authority of county, city, town or village regarding a minimum age requirement.

§ 7. 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 as follows: removal of 'youth' by 'persons under nineteen years of age', and nothing in the section limits authority of county, city, town or village regarding a minimum age requirement.

§ 8. 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: or she is added to He, 'eighteen' is replaced by 'nineteen', and nothing in the section limits authority of county, city, town or village regarding a minimum age requirement.

§ 9. Sets effective date as the one hundred twentieth day after it shall have become law.

JUSTIFICATION:

This legislation's objective is the removal of one access point for tobacco product purchase by children under nineteen years of age. Currently, underage children are able to procure cigarettes and tobacco products through their friends, acquaintances, and relatives who can legally purchase tobacco products. In a study by the US Centers for Disease Control and Prevention, 60% of underage smokers reported obtaining cigarettes from older people. These underage youth are usually in the beginning phase of using tobacco, and so are less frequent users and not yet addicted to nicotine. Tobacco use experts stress that smoking cessation interventions are most successful with this population. High schools are the predominant site where fourteen to eighteen year olds associate with each other. Raising the tobacco purchasing age to nineteen would, therefore, eliminate a means for underage children to access tobacco products.

There is a near unanimous consensus that the optimum means to reduce the number of smokers is through the prevention of the first cigarette. The earlier people begin to smoke, the higher their risk for contracting lung cancer and other health problems. The key to reducing the number of smokers in New York State is to stop them before they start. This legislation would help achieve this objective by changing the age from eighteen to nineteen for the purchase of tobacco products (except for those who serve in the Armed Forces in any capacity).

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

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


Text

STATE OF NEW YORK ________________________________________________________________________ 7053 IN SENATE April 23, 2014 ___________
Introduced by Sen. CARLUCCI -- 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, as amended by chapter 448 of the laws of 2012, are amended and a new subdivision 8 is added to read as follows: 2. Any person operating a place of business wherein tobacco products, herbal cigarettes, shisha or electronic cigarettes, are sold or offered for sale is prohibited from selling such products, herbal cigarettes, shisha, electronic cigarettes or smoking paraphernalia to individuals under [eighteen] NINETEEN years of age, 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 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, SHISHA OR OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, ELECTRONIC CIGARETTES, ROLLING PAPERS OR SMOKING PARAPHERNALIA, 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, herbal cigarettes, shisha or electronic cigarettes in such places, other than by a vending machine, shall be made only to an individual who demonstrates, through (a) a valid driv- er's license or non-driver's identification card issued by the commis- sioner 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 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 tobac- co product, herbal cigarettes, shisha or electronic cigarettes to an individual under [eighteen] NINETEEN years of age. 7. No person operating a place of business wherein tobacco products, herbal cigarettes, shisha or electronic cigarettes are sold or offered for sale shall sell, permit to be sold, offer for sale or display for sale any tobacco product, herbal cigarettes, shisha or electronic ciga- rettes in any manner, unless such products and cigarettes are stored for sale (a) behind a counter in an area accessible only to the personnel of such business, or (b) in a locked container; provided, however, such restriction shall not apply to tobacco businesses, as defined in subdi- vision 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. 8. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE AUTHORITY OF ANY COUNTY, CITY, TOWN OR VILLAGE TO ADOPT OR AMEND ANY LOCAL LAW OR ORDINANCE WHICH IMPOSES STRICTER RESTRICTIONS AND CONDITIONS ON THE MINIMUM AGE REQUIREMENT PROVIDED OR AUTHORIZED BY THIS SECTION, SO LONG AS SUCH LOCAL LAW OR ORDINANCE IS CONSISTENT WITH THE AUTHORITY TO PROTECT THE ORDER, CONDUCT, HEALTH, SAFETY AND GENERAL WELFARE OF PERSONS OR PROPERTY. NOTHING IN THIS SECTION SHALL BE DEEMED TO ALTER OR INVALIDATE ANY LOCAL LAW OR ORDINANCE IN EFFECT ON THE EFFECTIVE DATE OF THIS SUBDIVISION. 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 and a new subdi- vision 5 is added 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. 5. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE AUTHORITY OF ANY COUNTY, CITY, TOWN OR VILLAGE TO ADOPT OR AMEND ANY LOCAL LAW OR ORDINANCE WHICH IMPOSES STRICTER RESTRICTIONS AND CONDITIONS ON THE MINIMUM AGE REQUIREMENT PROVIDED OR AUTHORIZED BY THIS SECTION, SO LONG AS SUCH LOCAL LAW OR ORDINANCE IS CONSISTENT WITH THE AUTHORITY TO PROTECT THE ORDER, CONDUCT, HEALTH, SAFETY AND GENERAL WELFARE OF PERSONS OR PROPERTY. NOTHING IN THIS SECTION SHALL BE DEEMED TO ALTER OR INVALIDATE ANY LOCAL LAW OR ORDINANCE IN EFFECT ON THE EFFECTIVE DATE OF THIS SUBDIVISION. S 5. Section 1399-dd of the public health law, as amended by chapter 448 of the laws of 2012, is amended to read as follows: S 1399-dd. 1. Sale of tobacco products, herbal cigarettes or electron- ic cigarettes in vending machines. No person, firm, partnership, company or corporation shall operate a vending machine which dispenses tobacco products, herbal cigarettes or electronic cigarettes unless such machine is located: (a) in a bar as defined in subdivision one of section thir- teen hundred ninety-nine-n of this chapter, 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 regu- lar 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. 2. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE AUTHORITY OF ANY COUNTY, CITY, TOWN OR VILLAGE TO ADOPT OR AMEND ANY LOCAL LAW OR ORDINANCE WHICH IMPOSES STRICTER RESTRICTIONS AND CONDITIONS ON THE MINIMUM AGE REQUIREMENT PROVIDED OR AUTHORIZED BY THIS SECTION, SO LONG AS SUCH LOCAL LAW OR ORDINANCE IS CONSISTENT WITH THE AUTHORITY TO PROTECT THE ORDER, CONDUCT, HEALTH, SAFETY AND GENERAL WELFARE OF PERSONS OR PROPERTY. NOTHING IN THIS SECTION SHALL BE DEEMED TO ALTER OR INVALIDATE ANY LOCAL LAW OR ORDINANCE IN EFFECT ON THE EFFECTIVE DATE OF THIS SUBDIVISION. S 6. Subdivision 1 of section 1399-ff of the public health law, as amended by chapter 448 of the laws of 2012, is amended and a new subdi- vision 4 is added 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, herbal cigarettes or electronic cigarettes 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 describing the alleged violation. The enforcement offi- cer 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. 4. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE AUTHORITY OF ANY COUNTY, CITY, TOWN OR VILLAGE TO ADOPT OR AMEND ANY LOCAL LAW OR ORDINANCE WHICH IMPOSES STRICTER RESTRICTIONS AND CONDITIONS ON THE MINIMUM AGE REQUIREMENT PROVIDED OR AUTHORIZED BY THIS SECTION, SO LONG AS SUCH LOCAL LAW OR ORDINANCE IS CONSISTENT WITH THE AUTHORITY TO PROTECT THE ORDER, CONDUCT, HEALTH, SAFETY AND GENERAL WELFARE OF PERSONS OR PROPERTY. NOTHING IN THIS SECTION SHALL BE DEEMED TO ALTER OR INVALIDATE ANY LOCAL LAW OR ORDINANCE IN EFFECT ON THE EFFECTIVE DATE OF THIS SUBDIVISION. S 7. 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, HOWEVER NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO LIMIT THE AUTHORITY OF ANY COUNTY, CITY, TOWN OR VILLAGE TO ADOPT OR AMEND ANY LOCAL LAW OR ORDINANCE WHICH IMPOSES STRICTER RESTRICTIONS AND CONDITIONS ON THE MINIMUM AGE REQUIREMENT PROVIDED OR AUTHORIZED BY THIS SUBDIVISION, SO LONG AS SUCH LOCAL LAW OR ORDINANCE IS CONSISTENT WITH THE AUTHORITY TO PROTECT THE ORDER, CONDUCT, HEALTH, SAFETY AND GENERAL WELFARE OF PERSONS OR PROPERTY. NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO ALTER OR INVALIDATE ANY LOCAL LAW OR ORDINANCE IN EFFECT ON THE EFFECTIVE DATE OF THIS PARAGRAPH; S 8. 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, HOWEVER NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE AUTHORITY OF ANY COUNTY, CITY, TOWN OR VILLAGE TO ADOPT OR AMEND ANY LOCAL LAW OR ORDINANCE WHICH IMPOSES STRICTER RESTRICTIONS AND CONDITIONS ON THE MINIMUM AGE REQUIREMENT PROVIDED OR AUTHORIZED BY THIS SUBDIVISION, SO LONG AS SUCH LOCAL LAW OR ORDINANCE IS CONSISTENT WITH THE AUTHORITY TO PROTECT THE ORDER, CONDUCT, HEALTH, SAFETY AND GENERAL WELFARE OF PERSONS OR PROPERTY. NOTHING IN THIS SECTION SHALL BE DEEMED TO ALTER OR INVALIDATE ANY LOCAL LAW OR ORDINANCE IN EFFECT ON THE EFFECTIVE DATE OF THIS SUBDIVISION. S 9. This act shall take effect on the one hundred twentieth day after it shall have become a law.

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