STATUS:
S4896-A   SPANO
Public Health Law
TITLE....Increases penalties for illegal sales of tobacco products to minors
04/20/99   REFERRED TO HEALTH
01/05/00   REFERRED TO HEALTH
03/03/00   AMEND AND RECOMMIT TO HEALTH
03/03/00   PRINT NUMBER 4896A
05/09/00   REPORTED AND COMMITTED TO FINANCE
06/13/00   COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/13/00   ORDERED TO THIRD READING CAL.1445
06/14/00   SUBSTITUTED BY A4471A
         A04471   Hochberg (MS)
         02/10/99    referred to health
         03/23/99    reported referred to codes
         06/02/99    reported referred to ways and means
         06/16/99    reported referred to rules
         06/17/99    rules report cal.978
         06/17/99    ordered to third reading rules cal.978
         06/17/99    passed assembly
         06/17/99    delivered to senate
         06/17/99    REFERRED TO RULES
         01/05/00    DIED IN SENATE
         01/05/00    RETURNED TO ASSEMBLY
         01/05/00    committed to rules
         02/01/00    rules committee discharged and committed to ways and means
         03/03/00    amend and recommit to ways and means
         03/03/00    print number 4471a
         05/15/00    reported referred to rules
         05/30/00    rules report cal.576
         05/30/00    ordered to third reading rules cal.576
         05/30/00    passed assembly
         05/30/00    delivered to senate
         05/30/00    REFERRED TO RULES
         06/14/00    SUBSTITUTED FOR S4896A
         06/14/00    3RD READING CAL.1445
         06/14/00    PASSED SENATE
         06/14/00    RETURNED TO ASSEMBLY
         08/18/00    delivered to governor
         08/30/00    signed chap.405


SUMMARY:

Amd SS1399-ee & 1399-ff, Pub Health L; amd S1607, Tax L
Increases civil penalties for illegal sales of tobacco products by retail to minors; provides for warnings, suspensions, permanent
revocations, public notice of violations, and suspensions and revocations of lottery sales licenses.

SPONSORS MEMO:

                                  NEW YORK STATE SENATE
                          INTRODUCER'S MEMORANDUM IN SUPPORT
                           submitted in accordance with Senate Rule VI. Sec 1


BILL NUMBER: S4896A

SPONSOR: SPANO

PURPOSE OR GENERAL IDEA OF BILL: This bill seeks to impose and
increase penalties on businesses which sell tobacco products to minors.
It will increase fines and affect the business' tobacco and lottery
licenses when violations occur.

SUMMARY OF SPECIFIC PROVISIONS:  Section 1 increases the penalty for a
first violation from one hundred dollars to three hundred dollars, but
not to exceed one thousand dollars, and increases the penalty for subse-
quent violations to a minimum of five hundred dollars but not to exceed
one thousand five hundred dollars.  Additionally, a civil penalty of
twenty-five hundred dollars will be imposed if a dealer is caught sell-
ing while a license has been revoked.  If dealers violate this article
two times their license will be suspended for six months. With three or
more violations the license is revoked.  If the dealer violates this
article three or more times the license is revoked for one year.  If the
dealer continues to sell tobacco under suspension the license will be
permanently revoked.  In addition, the name and address of the violator
and the number of times he or she has violated the action will be
published in a general circulation newspaper in the locality where the
retailer is located.
Sections 2 and 3 deal with lottery licenses.  If the dealer violates
this article and is under a second violation then the health commission-
er notifies the lottery division and the lottery license will be
suspended for six months.  Under a third violation the lottery license
will be permanently revoked after notification of the lottery division
by the health commissioner.

JUSTIFICATION: Selling tobacco to young people is an especially
deplorable act.  Those who would violate the law and sell tobacco to
children need to be penalized more harshly than present law allows.  The
profits made by selling cigarettes to children far exceed the mere one
hundred dollar penalty for a violation.  Strong disincentives to those
who sell tobacco products to young people are needed.
Young people who do not smoke are significantly less likely to take up
smoking as a result.  By averting early addiction to tobacco, fewer
people will become adult smokers.  Furthermore, the public health costs
of smoking are well documented.  There will be significant savings to
taxpayers from having fewer children develop an addiction to tobacco.
Ultimately, the responsibility for purchasing tobacco lies with the
purchaser.  However, this bill will make dealers think twice before
selling to a minor.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to state.  Increase in revenues from increased penalties.

EFFECTIVE DATE:
This act shall take effect September 1, 1999.

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