Senator Charles J. Fuschillo, Jr (8th Senate District) this week applauded Governor George E. Pataki for singing his legislation into law restricting the sale of tobacco over the internet to unlicensed cigarette dealers or agents, and increasing fines for bootlegging cigarettes into New York State.

"Through the Internet, underage youths are accessing websites that sell cigarettes and are having them delivered to their homes and avoiding the requirement to show proof of age," said Fuschillo who is a member of the Senate Health Committee. "This new law closes this loophole by preventing cigarettes from being shipped to unlicensed tobacco retailers. In addition, the new law requires retailers who ship or mail cigarettes in other than the manufacturer's original shipping container to visibly label the new box with the word 'cigarettes'."

The legislation strengthens existing criminal and civil penalties for an illegal shipment of cigarettes. The law creates a new Class D felony for any unlicensed person who unlawfully possesses or transports for the purpose of sale or selling of cigarette packages without a New York State tax stamp or with a fraudulent stamp. It also raises a Class A misdemeanor to a Class E felony for a person convicted of possessing or selling unstamped or unlawfully stamped cigarette packages.

"To further deter bootlegging of illegal cigarettes, the new law raises civil penalties for those who violate current registration requirements for retail dealers," Fuschillo said. Additionally, the law provides that a retail dealer licensed as a lottery agent may have their lottery license suspended, revoked or canceled at a given location whenever the registered dealer who sells cigarettes or tobacco products has had their tobacco license suspended or revoked. Moreover, the law raises the fines for existing civil penalties that may be imposed for the possession of unstamped or unlawfully stamped cigarette packages. In addition, penalties will be imposed when an agent fails to pay a required tax on cigarettes or fails to file a tax return in time.

According to Senator Fuschillo, across the nation more than four million children between the ages of 12 and 17 currently smoke. Each day, 3,000 children pick up their first cigarette. This year, it is expected that 30,000 New Yorkers including 4,300 Long Islanders will die from smoking related illnesses. Almost 90 percent of all adults who smoke today began at or prior to the age of 18.

"These statistics show that more must be done to educate children and prevent them from starting this deadly habit," the senator said. "By preventing children easy access to tobacco products over the Internet, we are giving them an opportunity to live a healthy life free from tobacco. My new law will restrict the purchasing of tobacco over the Internet and will require over-the-counter purchases of tobacco so retailers may verify that the consumer is over the age of 18."

Fuschillo has been an outspoken advocate for more education and tougher laws that will prevent children from smoking. He has worked side-by-side with the American Cancer Society visiting school children to discuss the dangers of smoking; thousands of children on Long Island and across the state have signed his No Smoking Pledge For Kids and he has also introduced legislation that will increase the size of the tax stamp on cigarette packages to include graphic images of diseased lungs, lips and other organs to alert children and consumers of the true dangers of smoking cigarettes.