Add S156-c, Exec L
Directs the office of fire prevention and control in consultation with the department of health, to promulgate fire safety standards
for cigarettes in order to limit their risks of causing fires; provides for enforcement of the standards and penalties for violation
thereof; conditions effective date on failure of congress to establish federal safety standards.

SPONSORS MEMO:

BILL NUMBER: S8181

SPONSOR: PADAVAN

TITLE OF BILL:  AN ACT to amend the Executive Law, in relation to
establishing fire safety standards for cigarettes to limit fire risk.

PURPOSE OR GENERAL IDEA OF BILL:  To reduce the number of deaths
resulting from cigarette-related fires.

SUMMARY OF SPECIFIC PROVISIONS:  Section one adds a new section 156-c
to the Executive Law to:  1) define "cigarettes" and "sell"; 2) require
the Office of Fire Prevention and Control to, within two years after the
effective date, promulgate standards for cigarettes sold in New York
State to insure that cigarettes, if ignited, will stop burning within a
time period specified by the standards if they are not smoked within
that period, or meet other performance standards that would limit the
risk of igniting upholstered furniture, mattresses or other household
furnishings; 3) designate the OFPC as the agency responsible for admin-
istering the law and require the OFPC to report in 18 months on the
implementation of the law; 4) prohibit the sale of cigarettes in this
state which do not meet the fire safety standards or pose an increased
health risk due to compliance with such standards; 5) authorize fines
for violations by wholesale dealers and retailers for the sale of non-
compliant cigarettes, and civil penalties up to $10,000 for false
certification by manufacturers; 6) establishes the "Cigarette Fire Safe-
ty Act Fund" for the collection of civil penalties assessed; and 7)
authorizes the attorney general to bring enforcement actions.
Section two sets out the effective date and federal preemption language
which states that the act will be deemed repealed if the federal govern-
ment enacts legislation which expressly preempts similar legislation on
the state level.

JUSTIFICATION:  Cigarette ignition of upholstered furniture or
mattresses is the leading cause of residential fire deaths in the state,
causing one-third of all such deaths. Many more New Yorkers, including
children, are seriously injured in fires caused by cigarettes left burn-
ing. These innocent victims die or suffer injury because most American
cigarettes are engineered to keep burning long after they are puffed on.
This artificially induced burning time is the reason why smoldering
cigarettes ignite furnishings so easily.
The Technical Study Group on Cigarette and Little Cigar Safety, created
under the federal Cigarette Safety Act of 1984, concluded in their 1987
report and the U.S. Consumer Product Safety Commission concurred in
their 1993 report, that cigarette companies can produce a cigarette that
significantly reduces, if not eliminates, the propensity to ignite
upholstered furniture or mattresses. There are also several brands of
cigarettes on the markets which do not present an unreasonable risk of
causing fires and there are several patents for cigarettes that go out
quickly if not smoked. If all cigarettes in the state were made to self-
extinguish in a limited amount of time or meet some other safety
performance standard, then most, if not all, cigarette-caused fires
would be eliminated and the number of residential fire deaths would be
reduced by one-third.
In his veto message of A. 1162, Governor Pataki expressed concerns which
are addressed in this bill.  The original legislation called on OFPC to
consult with the Department of Health in the promulgation of fire safety
standards for cigarettes. This new bill goes a step further in requiring
that cigarette manufacturers certify not only the fire safety properties
of cigarettes, but that there is no additional health risk to smokers.
Furthermore, the new legislation would penalize retailers as well as
wholesalers for selling cigarettes which do not meet the established
fire-safety standards. Also in response to the Governor's concerns, this
new legislation has longer time periods for the promulgation of and
compliance with standards.

PRIOR LEGISLATIVE HISTORY:
1982: A.11805 - Rules Committee     1991:A.5279-Gov. Ops.
1983: A.3814-A - Passed Assembly    1992:A.5279 - Gov. Ops.
1984: A.3814-A - Passed Assembly    1993:A. 1105 - Gov. Ops.
1988: A.106l2 - Gov't Ops.          1994:A.1105 - Codes
1989: A.5762 - Gov't Ops.           1995:A. 642 - Gov. Ops.
1990: A.5762-B - Codes              1996:A. 642 - Rep. to Ways and Means
                                    2000:Similar bill, Al162-A,
                                    vetoed by the Governor

EFFECTIVE DATE:  First day of January next succeeding the date on
which it shall have become law.