NY State Senate Bill 2013-S7053

Senate Bill S7053

2013-2014 Legislative Session

Relates to increasing the purchasing age for tobacco and tobacco products from 18 years of age to 19 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 23, 2014	referred to health

2013-S7053 (ACTIVE) - Details

See Assembly Version of this Bill:: A6393
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§1399-aa - 1399-dd, 1399-ff & 1399-ii, Pub Health L; amd §260.21, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A722
2011-2012: A4863

2013-S7053 (ACTIVE) - 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.

2013-S7053 (ACTIVE) - Sponsor 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.

2013-S7053 (ACTIVE) - Bill Text download pdf

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

                                  7053

                            I N  S E N A T E

                             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

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

                                                           LBD09604-03-4

S. 7053                             2

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

S. 7053                             3

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

S. 7053                             4

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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