Amd SS1399-aa - 1399-dd, 1399-ff & 1399-ii, Pub Health L; amd S260.21, Pen L
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6393A
SPONSOR: Galef (MS) 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 OR GENERAL IDEA OF BILL:
To increase the purchasing age for tobacco and tobacco products from
eighteen to nineteen years of age.
SUMMARY OF SPECIFIC 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. Subdivison 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 subdi-
vision 5 is added: The distribution of tobacco products or herbal ciga-
rettes 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 subdi-
vision 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 Chap-
ter 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 obtain-
ing 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 nine-
teen 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 legis-
lation would help achieve this objective by changing the age from eigh-
teen to nineteen for the purchase of tobacco products (except for those
who serve in the Armed Forces in any capacity).
PRIOR LEGISLATIVE HISTORY:
A. 4863 of 2011/2012
A. 722-A of 2009/2010.
Similar To: A. 2537 and S. 4515 of 2007/2008
A. 5883 and S. 5098 of 2005/2006
FISCAL IMPLICATIONS:;
There are no fiscal implications connected to the passage of this legis-
lation.
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.
