NY State Senate Bill 2009-S1018

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
Jan 06, 2010	referred to health
Jan 22, 2009	referred to health

2009-S1018 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§1399-aa - 1399-dd, Pub Health L; amd §260.21, Pen L

2009-S1018 (ACTIVE) - Summary

Increases the age for the purchase of tobacco to nineteen from eighteen; prohibits any business wherein tobacco products or herbal cigarettes are sold from selling such products to any individual under the age of nineteen.

2009-S1018 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1018

 TITLE OF BILL :
An act to amend the public health law and the penal law, in relation
to increasing the age at which a person can be sold tobacco products


 PURPOSE :
This bill increases the age for purchase of tobacco to nineteen from
eighteen.

 SUMMARY OF PROVISIONS :
Section 1 amends subdivision 4 of section 1399-aa of the public health
law, as added by chapter 799 of the laws of 1992 and pertains to
private clubs.

Section 2 amends subdivisions 2 and 4 of section 1399-bb of the public
health law.. The new tobacco purchasing age shall apply to private
clubs, trade shows, events sponsored by tobacco manufacturers, bars,
tobacco businesses, and factories. It requires that proof of age,
driver's license or other government issue photo identification
indicating proper age, be provided for purchase of tobacco products.

Section 3 amends section 1399-cc of the public health law. Sale of
cigarettes, cigars, chewing tobacco, powdered tobacco, or other
tobacco products, herbal cigarettes, rolling papers or pipes to

persons under 19 shall be prohibited by law. No person operating a
business that vends tobacco products shall sell them to persons under
19 years of age.

Section 4 amends section 1399-dd of the public health law. This
restricts the sale of tobacco products via vending machines to persons
age 19 or older.

Section 5 adds criminal penalties for persons selling tobacco products
to persons under 19 years of age.

Section 6 enacts this legislation on the first day of February next
succeeding the date on which it shall become law.

 JUSTIFICATION :
This year (2004) 53,000 youths younger than 18 became regular smokers
in New York. Furthermore, smoking costs our state some $11 billion
annually, despite the fact that we spend so much on prevention
programs. Many of the children who begin smoking before age 18 will
die from tobacco-related illnesses. This bill is specifically designed
to lessen public health problems related to young New .Yorkers who
smoke and use tobacco products.

 LEGISLATIVE HISTORY :
New bill.

 EFFECTIVE DATE :
This legislation shall take effect on the sixtieth day next succeeding
the date on which it shall have become law.

2009-S1018 (ACTIVE) - Bill Text download pdf

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

                                  1018

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- 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 age at which a person can be sold tobacco products

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. 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 2. Subdivisions 2 and 4 of section 1399-bb of the public health law,
subdivision 2 as amended by chapter 13 of the laws of 2003 and  subdivi-
sion  4  as  amended  by chapter 508 of the laws of 2000, are amended to
read as follows:
  2. The prohibitions contained in subdivision one of this section shall
not apply to the following locations:
  (a) private social functions when seating arrangements are  under  the
control  of  the  sponsor  of  the function and not the owner, operator,
manager or person in charge of such indoor area;
  (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;
  (d)  bars  as  defined  in subdivision one of section thirteen hundred
ninety-nine-n of this chapter;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06552-01-9

S. 1018                             2

  (e) tobacco businesses as defined  in  subdivision  eight  of  section
thirteen hundred ninety-nine-aa of this article;
  (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.
  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 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 cigarette to
an individual.
  S  3.  Section 1399-cc of the public health law, 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, is amended to read as follows:
  S 1399-cc. Sale of tobacco products, herbal cigarettes, rolling papers
or pipes to minors prohibited. 1. As used in this section:
  (a) "A device  capable  of  deciphering  any  electronically  readable
format"  or  "device" shall mean any commercial device or combination of
devices used at a point of sale or entry that is capable of reading  the
information  encoded  on  the  bar  code or magnetic strip of a driver's
license or non-driver identification card issued by  the  state  commis-
sioner of motor vehicles;
  (b)  "Card  holder"  means any person presenting a driver's license or
non-driver identification card to a licensee, or to the agent or employ-
ee of such licensee under this chapter; and
  (c) "Transaction scan" means the process involving  an  automated  bar
code  reader  by  which  a  licensee, or agent or employee of a licensee
under this chapter reviews a driver's license or non-driver  identifica-
tion  card  presented  as  a  precondition for the purchase of a tobacco
product or herbal cigarettes  pursuant  to  subdivision  three  of  this
section;
  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, and shall post in  a
conspicuous place a sign upon which there shall be imprinted the follow-
ing  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-
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,

S. 1018                             3

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 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  cigarettes
to an individual under [eighteen] NINETEEN years of age.
  4.  (a)  Any  person  operating  a  place  of business wherein tobacco
products or herbal cigarettes are sold or offered for sale may perform a
transaction scan as a precondition for such purchases.
  (b) In any instance where the information  deciphered  by  the  trans-
action  scan  fails  to  match  the  information printed on the driver's
license or non-driver identification card, or if  the  transaction  scan
indicates  that  the  information  is false or fraudulent, the attempted
transaction shall be denied.
  (c) In any proceeding pursuant  to  section  thirteen  hundred-ninety-
nine-ee  of  this  article, it shall be an affirmative defense that such
person had produced a driver's license or non-driver identification card
apparently issued by a governmental entity, successfully completed  that
transaction  scan, and that the tobacco product or herbal cigarettes had
been sold, delivered or given to such person in reasonable reliance upon
such identification and transaction scan. In evaluating the  applicabil-
ity of such affirmative defense the commissioner shall take into consid-
eration  any  written  policy  adopted  and implemented by the seller to
effectuate the provisions of this chapter. Use  of  a  transaction  scan
shall not excuse any person operating a place of business wherein tobac-
co  products  or herbal cigarettes are sold, or the agent or employee of
such  person,  from  the  exercise  of  reasonable  diligence  otherwise
required by this chapter. Notwithstanding the above provisions, any such
affirmative  defense  shall  not  be applicable in any civil or criminal
proceeding, or in any other forum.
  5. A licensee or agent or employee of such licensee shall only  use  a
device  capable  of  deciphering any electronically readable format, and
shall only use the information recorded and maintained through  the  use
of  such devices, for the purposes contained in subdivision four of this
section. No licensee or agent or employee of a licensee shall resell  or
disseminate  the  information  recorded  during such a scan to any third
person. Such prohibited resale or  dissemination  includes  but  is  not
limited   to  any  advertising,  marketing  or  promotional  activities.
Notwithstanding the  restrictions  imposed  by  this  subdivision,  such
records may be released pursuant to a court ordered subpoena or pursuant
to  any  other  statute that specifically authorizes the release of such
information. Each violation of this subdivision shall be punishable by a
civil penalty of not more than one thousand dollars.
  6. A licensee or agent or employee of such a  licensee  may  electron-
ically  or  mechanically record and maintain only the information from a
transaction scan necessary to effectuate this section. Such  information
shall  be  limited  to  the  following: (a) name, (b) date of birth, (c)
driver's license or non-driver identification number, and (d) expiration
date. The commissioner and state commissioner of  motor  vehicles  shall
jointly promulgate any regulations necessary to govern the recording and
maintenance  of  these  records  by  a  licensee under this chapter. The
commissioner and the state liquor authority shall jointly promulgate any
regulation necessary to ensure quality control in the use of the  trans-
action scan devices under this chapter and article five of the alcoholic
beverage control law.

S. 1018                             4

  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.
  S 4. Section 1399-cc of the public health law, as amended  by  chapter
568  of the laws of 2001, subdivision 1 as amended by chapter 162 of the
laws of 2002 and subdivision 2 as amended by chapter 13 of the  laws  of
2003, is amended to read as follows:
  S  1399-cc.  Sale  of  tobacco  products or herbal cigarettes, rolling
papers or pipes to minors prohibited. 1. 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 ciga-
rettes, rolling papers or pipes to individuals under [eighteen] NINETEEN
years of age, 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. 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 identification card
issued  by  the  commissioner 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 identifica-
tion 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 years of age, provided, however, that
such  appearance shall not constitute a defense in any proceeding alleg-
ing the sale of a tobacco product or herbal cigarettes to an  individual
under [eighteen] NINETEEN years of age.
  2. 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.
  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

S. 1018                             5

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 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  sells or causes to be sold tobacco in any form to a child less
than [eighteen] NINETEEN years old.
  S 7. This act shall take effect on the sixtieth  day  after  it  shall
have  become  a  law;  provided, however, that the amendments to section
1399-cc of the public health law made by section three of this act shall
be subject to the expiration, repeal and reversion of  such  section  as
provided  in chapter 519 of the laws of 1999, as amended, when upon such
date the provisions of section four of this act shall take effect.

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Senate Bill S1018

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

2009-S1018 (ACTIVE) - Details

2009-S1018 (ACTIVE) - Summary

2009-S1018 (ACTIVE) - Sponsor Memo

2009-S1018 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1018

Share this bill

Sponsored By

Carl Kruger

Archive: Last Bill Status - In Senate Committee Health Committee

2009-S1018 (ACTIVE) - Details

2009-S1018 (ACTIVE) - Summary

2009-S1018 (ACTIVE) - Sponsor Memo

2009-S1018 (ACTIVE) - Bill Text download pdf

Comments