A06393 Summary:

BILL NOA06393A
 
SAME ASSAME AS S07053
 
SPONSORGalef (MS)
 
COSPNSRDinowitz, Weisenberg, Benedetto, Zebrowski, Hooper, Jaffee
 
MLTSPNSRFinch, Gottfried, Hikind, Kolb, Markey, McDonough, Millman, Paulin, Robinson, Sweeney, Thiele
 
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.
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A06393 Actions:

BILL NOA06393A
 
03/26/2013referred to health
05/22/2013reported referred to codes
01/08/2014referred to health
04/08/2014amend and recommit to health
04/08/2014print number 6393a
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A06393 Memo:

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.
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A06393 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6393--A
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 26, 2013
                                       ___________
 
        Introduced  by  M. of A. GALEF, DINOWITZ, WEISENBERG, BENEDETTO, ZEBROW-
          SKI, HOOPER, JAFFEE -- Multi-Sponsored by -- M.  of  A.  FINCH,  GOTT-
          FRIED,  HIKIND,  KOLB,  MARKEY,  McDONOUGH, MILLMAN, PAULIN, ROBINSON,
          SWEENEY, THIELE -- read once and referred to the Committee  on  Health
          --  recommitted to the Committee on Health in accordance with Assembly

          Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        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:
 
     1    Section 1. Subdivisions 2, 3 and 7 of section 1399-cc  of  the  public
     2  health  law,  as amended by chapter 448 of the laws of 2012, are amended
     3  and a new subdivision 8 is added to read as follows:
     4    2. Any person operating a place of business wherein tobacco  products,
     5  herbal  cigarettes, shisha or electronic cigarettes, are sold or offered
     6  for sale is prohibited from selling such  products,  herbal  cigarettes,

     7  shisha,  electronic  cigarettes  or smoking paraphernalia to individuals
     8  under [eighteen] nineteen years of  age,  unless  such  individuals  are
     9  eighteen  years  of  age  who are serving in the United States military,
    10  including but not limited to, the National Guard and reserves; and shall
    11  post in a conspicuous place a sign upon which there shall  be  imprinted
    12  the  following  statement, "SALE OF CIGARETTES, CIGARS, CHEWING TOBACCO,
    13  POWDERED TOBACCO, SHISHA OR OTHER TOBACCO PRODUCTS,  HERBAL  CIGARETTES,
    14  ELECTRONIC  CIGARETTES,  ROLLING  PAPERS  OR  SMOKING  PARAPHERNALIA, TO
    15  PERSONS UNDER [EIGHTEEN] NINETEEN YEARS OF AGE IS  PROHIBITED  BY  LAW."
    16  Such  sign shall be printed on a white card in red letters at least one-
    17  half inch in height.

    18    3. Sale of tobacco products, herbal cigarettes, shisha  or  electronic
    19  cigarettes  in  such  places,  other than by a vending machine, shall be
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09604-02-4

        A. 6393--A                          2
 
     1  made only to an individual who demonstrates, through (a) a  valid  driv-
     2  er's  license  or non-driver's identification card issued by the commis-
     3  sioner of motor vehicles, the  federal  government,  any  United  States
     4  territory, commonwealth or possession, the District of Columbia, a state
     5  government  within  the  United States or a provincial government of the
     6  dominion of Canada, or (b) a valid passport issued by the United  States

     7  government or any other country, or (c) an identification card issued by
     8  the armed forces of the United States, indicating that the individual is
     9  at least eighteen years of age. Such identification need not be required
    10  of  any  individual  who reasonably appears to be at least [twenty-five]
    11  twenty-six years of age, provided, however, that such  appearance  shall
    12  not constitute a defense in any proceeding alleging the sale of a tobac-
    13  co  product,  herbal  cigarettes,  shisha or electronic cigarettes to an
    14  individual under [eighteen] nineteen years of age.
    15    7. No person operating a place of business wherein  tobacco  products,
    16  herbal  cigarettes,  shisha or electronic cigarettes are sold or offered
    17  for sale shall sell, permit to be sold, offer for sale  or  display  for

    18  sale  any tobacco product, herbal cigarettes, shisha or electronic ciga-
    19  rettes in any manner, unless such products and cigarettes are stored for
    20  sale (a) behind a counter in an area accessible only to the personnel of
    21  such business, or (b) in a locked  container;  provided,  however,  such
    22  restriction  shall not apply to tobacco businesses, as defined in subdi-
    23  vision eight of section thirteen hundred ninety-nine-aa of this article,
    24  and to places to which admission is  restricted  to  persons  [eighteen]
    25  nineteen  years  of  age  or  older unless such individuals are eighteen
    26  years of age who are serving in the United  States  military,  including
    27  but not limited to, the National Guard and reserves.
    28    8.  Nothing  in this section shall be deemed to limit the authority of

    29  any county, city, town or village to adopt or amend  any  local  law  or
    30  ordinance  which  imposes  stricter  restrictions  and conditions on the
    31  minimum age requirement provided or authorized by this section, so  long
    32  as  such  local  law  or  ordinance  is consistent with the authority to
    33  protect the order,  conduct,  health,  safety  and  general  welfare  of
    34  persons or property. Nothing in this section shall be deemed to alter or
    35  invalidate any local law or ordinance in effect on the effective date of
    36  this subdivision.
    37    §  2.  Subdivision  4  of section 1399-aa of the public health law, as
    38  added by chapter 799 of the laws of 1992, is amended to read as follows:
    39    4. "Private club" means an organization with no more than an insignif-

    40  icant portion of its membership comprised of people  under  the  age  of
    41  [eighteen]  nineteen  years that regularly receives dues and/or payments
    42  from its members for the use of space, facilities and services.
    43    § 3. Paragraphs (b), (c) and (f) of subdivision 2 of  section  1399-bb
    44  of  the public health law, as amended by chapter 13 of the laws of 2003,
    45  are amended to read as follows:
    46    (b) conventions and trade shows; provided  that  the  distribution  is
    47  confined  to  designated areas generally accessible only to persons over
    48  the age of [eighteen] nineteen;
    49    (c) events sponsored by  tobacco  or  herbal  cigarette  manufacturers
    50  provided that the distribution is confined to designated areas generally
    51  accessible only to persons over the age of [eighteen] nineteen;

    52    (f)  factories  as  defined  in  subdivision  nine of section thirteen
    53  hundred ninety-nine-aa of this article and construction sites;  provided
    54  that the distribution is confined to designated areas generally accessi-
    55  ble only to persons over the age of [eighteen] nineteen.

        A. 6393--A                          3
 
     1    §  4.  Subdivision  4  of section 1399-bb of the public health law, as
     2  amended by chapter 508 of the laws of 2000, is amended and a new  subdi-
     3  vision 5 is added to read as follows:
     4    4.  The distribution of tobacco products or herbal cigarettes pursuant
     5  to subdivision two of this section shall be made only to  an  individual
     6  who demonstrates, through a driver's license or other photographic iden-
     7  tification card issued by a government entity or educational institution

     8  indicating  that the individual is at least [eighteen] nineteen years of
     9  age. Such identification need not be  required  of  any  individual  who
    10  reasonably appears to be at least [twenty-five] twenty-six years of age;
    11  provided,  however,  that such appearance shall not constitute a defense
    12  in any proceeding alleging the sale of a tobacco product or herbal ciga-
    13  rette to an individual under nineteen years of age.
    14    5. Nothing in this section shall be deemed to limit the  authority  of
    15  any  county,  city,  town  or village to adopt or amend any local law or
    16  ordinance which imposes stricter  restrictions  and  conditions  on  the
    17  minimum  age requirement provided or authorized by this section, so long

    18  as such local law or ordinance  is  consistent  with  the  authority  to
    19  protect  the  order,  conduct,  health,  safety  and  general welfare of
    20  persons or property. Nothing in this section shall be deemed to alter or
    21  invalidate any local law or ordinance in effect on the effective date of
    22  this subdivision.
    23    § 5. Section 1399-dd of the public health law, as amended  by  chapter
    24  448 of the laws of 2012, is amended to read as follows:
    25    § 1399-dd. 1. Sale of tobacco products, herbal cigarettes or electron-
    26  ic cigarettes in vending machines. No person, firm, partnership, company
    27  or  corporation  shall operate a vending machine which dispenses tobacco
    28  products, herbal cigarettes or electronic cigarettes unless such machine
    29  is located: (a) in a bar as defined in subdivision one of section  thir-

    30  teen  hundred  ninety-nine-n  of this chapter, or the bar area of a food
    31  service establishment with a valid, on-premises full liquor license; (b)
    32  in a private club; (c) in a tobacco business as defined  in  subdivision
    33  eight of section thirteen hundred ninety-nine-aa of this article; or (d)
    34  in a place of employment which has an insignificant portion of its regu-
    35  lar  workforce  comprised of people under the age of [eighteen] nineteen
    36  years and only in such locations that are not accessible to the  general
    37  public; provided, however, that in such locations the vending machine is
    38  located  in  plain  view and under the direct supervision and control of
    39  the person in charge of the location or his or her designated  agent  or
    40  employee.
    41    2.  Nothing  in this section shall be deemed to limit the authority of

    42  any county, city, town or village to adopt or amend  any  local  law  or
    43  ordinance  which  imposes  stricter  restrictions  and conditions on the
    44  minimum age requirement provided or authorized by this section, so  long
    45  as  such  local  law  or  ordinance  is consistent with the authority to
    46  protect the order,  conduct,  health,  safety  and  general  welfare  of
    47  persons or property. Nothing in this section shall be deemed to alter or
    48  invalidate any local law or ordinance in effect on the effective date of
    49  this subdivision.
    50    §  6.  Subdivision  1  of section 1399-ff of the public health law, as
    51  amended by chapter 448 of the laws of 2012, is amended and a new  subdi-
    52  vision 4 is added to read as follows:
    53    1.  Where  a  civil  penalty  for  a  particular incident has not been

    54  imposed or an enforcement action regarding an alleged  violation  for  a
    55  particular  incident is not pending under section thirteen hundred nine-
    56  ty-nine-ee of this article, a parent or guardian  of  a  [minor]  person

        A. 6393--A                          4
 
     1  under  nineteen years of age to whom tobacco products, herbal cigarettes
     2  or electronic cigarettes are sold or distributed in  violation  of  this
     3  article  may  submit a complaint to an enforcement officer setting forth
     4  the  name  and  address of the alleged violator, the date of the alleged
     5  violation, the name and address of the complainant and the minor, and  a
     6  brief  statement describing the alleged violation. The enforcement offi-
     7  cer shall notify the alleged violator by certified or  registered  mail,

     8  return receipt requested, that a complaint has been submitted, and shall
     9  set  a date, at least fifteen days after the mailing of such notice, for
    10  a hearing on the complaint. Such notice shall  contain  the  information
    11  submitted by the complainant.
    12    4.  Nothing  in this section shall be deemed to limit the authority of
    13  any county, city, town or village to adopt or amend  any  local  law  or
    14  ordinance  which  imposes  stricter  restrictions  and conditions on the
    15  minimum age requirement provided or authorized by this section, so  long
    16  as  such  local  law  or  ordinance  is consistent with the authority to
    17  protect the order,  conduct,  health,  safety  and  general  welfare  of
    18  persons or property. Nothing in this section shall be deemed to alter or

    19  invalidate any local law or ordinance in effect on the effective date of
    20  this subdivision.
    21    §  7.  Paragraph (f) of subdivision 2 of section 1399-ii of the public
    22  health law, as added by chapter 1 of the laws of  1999,  is  amended  to
    23  read as follows:
    24    (f) Restriction of [youth] access to tobacco products by persons under
    25  nineteen  years  of  age,  however  nothing in this subdivision shall be
    26  deemed to limit the authority of any county, city, town  or  village  to
    27  adopt  or  amend  any  local  law  or  ordinance  which imposes stricter
    28  restrictions and conditions on the minimum age requirement  provided  or
    29  authorized  by  this subdivision, so long as such local law or ordinance

    30  is consistent with the authority to protect the order, conduct,  health,
    31  safety  and  general  welfare  of persons or property.   Nothing in this
    32  subdivision shall be deemed to alter or  invalidate  any  local  law  or
    33  ordinance in effect on the effective date of this paragraph;
    34    §  8.  Subdivision  3  of section 260.21 of the penal law, as added by
    35  chapter 362 of the laws of 1992, is amended to read as follows:
    36    3. He or she sells or causes to be sold tobacco in any form to a child
    37  less than [eighteen] nineteen years old, however nothing in this section
    38  shall be deemed to limit the authority of  any  county,  city,  town  or
    39  village  to  adopt  or  amend  any  local law or ordinance which imposes

    40  stricter restrictions and conditions  on  the  minimum  age  requirement
    41  provided or authorized by this subdivision, so long as such local law or
    42  ordinance  is  consistent  with  the  authority  to  protect  the order,
    43  conduct, health, safety and general  welfare  of  persons  or  property.
    44  Nothing in this section shall be deemed to alter or invalidate any local
    45  law or ordinance in effect on the effective date of this subdivision.
    46    § 9. This act shall take effect on the one hundred twentieth day after
    47  it shall have become a law.
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