2012 -- H 7830

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LC01793

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO CRIMINAL OFFENSES --CHILDREN--TOBACCO SALES

     Introduced By: Representatives Naughton, Morrison, Williams, Slater, and Valencia

     Date Introduced: February 28, 2012

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 11-9-13.3 and 11-9-13.7 of the General Laws in Chapter 11-9

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entitled "Children" are hereby amended to read as follows:

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     11-9-13.3. Legislative intent -- Purpose. – (a) The use of tobacco by Rhode Island

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children is a health and substance abuse problem of the utmost severity. The legislature finds that

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tobacco product usage by children in Rhode Island is rampant and increasing with over thirty

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percent (30%) of high school students smoking. The present law prohibiting the sale of tobacco to

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children is being ignored by many retailers. Rhode Island tobacco retailers illegally sell four

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million eight hundred thousand (4,800,000) packs, over eleven million dollars ($11,000,000) in

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tobacco product sales, to children annually. Tobacco industry advertising targets children as the

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replacement smokers for the one thousand one hundred forty-five (1,145) adults who die daily

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from tobacco product usage. Approximately seventy percent (70%) of the Rhode Island high

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school seniors who are smoking today will be the addicted adult smokers of tomorrow. According

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to the federal Centers for Disease Control and Prevention (CDC), smoking-related direct medical

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costs in Rhode Island in 1990 climbed to one hundred eighty-six million dollars ($186,000,000).

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This is an ongoing, escalating financial burden borne by every business, large and small, and

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every person, smoker and nonsmoker, in Rhode Island. This is a health and economic drain

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created by each new generation of children who begin using tobacco products and become

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addicted to nicotine. It is the intent of this legislation to preserve and protect the health of children

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by: (1) stopping the illegal sale of tobacco to children, and (2) by severely punishing those who

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disregard the laws relating to the illegal sale of tobacco products to children.

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     (b) Cigarette smoking causes many harmful effects. In Rhode Island, seventeen and

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three-tenths percent (17.3%) of adults, and twenty and three-tenths percent (20.3%) of women of

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childbearing age, eighteen (18) to forty-four (44) years of age, are smokers. Smoking in women

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of childbearing age increases the risk of preterm delivery. Premature and low birth weight babies

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face an increased risk of serious health complications during the newborn period, chronic lifelong

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disabilities and health problems, and death. Smoking causes approximately eighty-seven percent

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(87%) of all lung cancer deaths, as well as causes cancer of the larynx, mouth, pharynx,

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esophagus and bladder. Smoking also increases the risk of heart disease which is the number one

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cause of death in the United States. In all, tobacco use causes nearly one in five (5) deaths, killing

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four hundred forty three thousand (443,000) in the United States each year, yet smoking is the

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single most preventable cause of death in the United States.

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     11-9-13.7. Signs concerning sales to individuals under age eighteen (18). -- Signs

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provided by the department of mental health, retardation and hospitals, behavioral health care,

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developmental disabilities and hospitals, or an exact duplicate of it made privately, shall:

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     (1) Contain in red bold lettering a minimum of three-eighths ( 3/8") inch high on a white

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background the following wording in both English and Spanish:

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     THE SALE OF CIGARETTES AND OTHER TOBACCO PRODUCTS TO PERSONS

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UNDER THE AGE OF 18 IS AGAINST RHODE ISLAND LAW (Section 11-9-13.8(1), Rhode

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Island Statutes) PHOTO ID FOR PROOF OF AGE IS REQUIRED FOR PURCHASE.

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     (2) Contain the phone number at the department of mental health, retardation and

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hospitals, behavioral health care, developmental disabilities and hospitals, where violations of

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sections 11-9-13.2 -- 11-9-13.19 can be reported, in addition to any other information required by

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the department of mental health, retardation and hospitals, behavioral health care, developmental

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disabilities and hospitals.

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     (3) The signs shall be Be displayed prominently for public view wherever tobacco

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products are sold at each cash register, each tobacco vending machine, or any other place from

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which tobacco products are sold. The signs shall be electronically available in both English and

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Spanish online on the website of the department of behavioral healthcare, developmental

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disabilities and hospitals.

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     SECTION 2. Chapter 11-9 of the General Laws entitled "Children" is hereby amended by

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adding thereto the following section:

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     11-9-13.8.1. Signs concerning the health effects of tobacco. – (a) Cigarette smoking

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causes many harmful effects. In Rhode Island, fifteen and three-tenths percent (15.3%) of women

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of childbearing age, eighteen (18) to forty-four (44) years of age, are smokers. Babies born to

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women who smoke during pregnancy are more likely to be born with birth defects, such as cleft

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lip or palate, prematurely, at low birth weight or underweight for the number of weeks of

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pregnancy. Smoking causes approximately eighty-seven percent (87%) of all lung cancer deaths,

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as well as causes cancer of the larynx, mouth, pharynx, esophagus and bladder. Smoking also

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increases the risk of heart disease, which is the number one cause of death in the United States.

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Smoking is the single most preventable cause of death in the United States.

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     (b) Signs provided by the department of behavioral healthcare, developmental disabilities

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and hospitals, or an exact duplicate of it made privately, shall contain in red bold lettering a

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minimum of one-quarters of an inch (1/4”) high on a white background the following wording, in

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both English and Spanish: WARNING: SMOKING CIGARETTES CONTRIBUTES TO LUNG

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DISEASE, CANCER, HEART DISEASE, STROKE AND/ RESPIRATORY ILLNESS AND

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DURING PREGNANCY MAY RESULT IN LOW BIRTH WEIGHT AND PREMATURE

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BIRTH.

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     (c) The signs shall also include information regarding resources available to Rhode Island

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residents who would like to quit smoking.

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     (d) The signs shall be displayed prominently for public view wherever tobacco products

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are sold at each cash register, each tobacco vending machine, or any other place from which

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tobacco products are sold. The signs shall be electronically available in both English and Spanish

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online on the website of the department of behavioral healthcare, developmental disabilities and

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hospitals.

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     SECTION 3. This act shall take effect on July 1, 2012.

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LC01793

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES --CHILDREN--TOBACCO SALES

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     This act would require the department of behavioral healthcare, developmental

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disabilities and hospitals to issue new smoking warnings signs which shall include language that

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smoking can contribute to lung and heart disease, respiratory illness, and that smoking during

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pregnancy can result in premature births and low birth weights. The required bold lettering shall

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be in both English and Spanish. It would also require the signs to be electronically available in

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both English and Spanish online on the website of the department of behavioral healthcare,

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developmental disabilities and hospitals.

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     This act would take effect on July 1, 2011.

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LC01793

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