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

                                  4863

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2011
                               ___________

Introduced  by  M.  of A. GALEF, DINOWITZ, CONTE, WEISENBERG, BENEDETTO,
  ZEBROWSKI, BOYLAND, HOOPER, JAFFEE, J. MILLER, N. RIVERA,  TOBACCO  --
  Multi-Sponsored  by  --  M. of A.   CALHOUN, FINCH, GOTTFRIED, HIKIND,
  KOLB, LATIMER, MARKEY, MAYERSOHN, McDONOUGH, MILLMAN, PAULIN,  REILLY,
  P. RIVERA,  ROBINSON, SWEENEY, THIELE, 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, 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
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03381-02-1
              

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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
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.

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  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:
  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

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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:
  (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;

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  (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.