Bill Text: NY A00481 | 2019-2020 | General Assembly | Amended
Bill Title: Relates to including electronic cigarettes and liquid nicotine within the tobacco use and prevention program.
Spectrum: Slight Partisan Bill (Democrat 17-6)
Status: (Passed) 2019-09-12 - signed chap.256 [A00481 Detail]
Download: New_York-2019-A00481-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 481--A 2019-2020 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2019 ___________ Introduced by M. of A. L. ROSENTHAL, ZEBROWSKI, BUTTENSCHON, SIMON, JACOBSON, SEAWRIGHT, SAYEGH, FAHY, JAFFEE, D'URSO, SMULLEN, GOTTFRIED, TAYLOR, RODRIGUEZ, GALEF, GRIFFIN, ARROYO, WALCZYK, LAWRENCE -- Multi-Sponsored by -- M. of A. DeSTEFANO, M. L. MILLER, WALSH -- read once and referred to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to the tobacco use and prevention program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1399-ii of the public health law, as added by chap- 2 ter 1 of the laws of 1999, is amended to read as follows: 3 § 1399-ii. Tobacco use prevention and control program. 1. To improve 4 the health, quality of life, and economic well-being of all New York 5 state citizens, there is hereby established within the department a 6 comprehensive statewide tobacco use prevention and control program. 7 2. The department shall support tobacco use prevention and control 8 activities including, but not limited to: 9 (a) Community programs to prevent and reduce tobacco use through local 10 involvement and partnerships; 11 (b) School-based programs to prevent and reduce tobacco use and use of 12 electronic cigarettes; 13 (c) Marketing and advertising to discourage tobacco and liquid nico- 14 tine use; 15 (d) Tobacco cessation programs for youth and adults; 16 (e) Special projects to reduce the disparities in smoking prevalence 17 among various populations; 18 (f) Restriction of youth access to tobacco products, electronic ciga- 19 rettes and liquid nicotine; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02157-03-9A. 481--A 2 1 (g) Surveillance of smoking rates; and 2 (h) Any other activities determined by the commissioner to be neces- 3 sary to implement the provisions of this section. 4 Such programs shall be selected by the commissioner through an appli- 5 cation process which takes into account whether a program utilizes meth- 6 ods recognized as effective in reducing smoking and tobacco use. Eligi- 7 ble applicants may include, but not be limited to, a health care 8 provider, schools, a college or university, a local public health 9 department, a public health organization, a health care provider organ- 10 ization, association or society, municipal corporation, or a profes- 11 sional education organization. 12 3. (a) There shall be established a tobacco use prevention and control 13 advisory board to advise the commissioner on tobacco use prevention and 14 control issues and electronic cigarette and liquid nicotine use amongst 15 minors, including methods to prevent and reduce tobacco use in the 16 state. 17 (b) The board shall consist of seventeen members who shall be 18 appointed as follows: nine members by the governor; three members by the 19 speaker of the assembly; three members by the temporary president of the 20 senate and one member each by the minority leader of the senate and 21 minority leader of the assembly. Any vacancy or subsequent appointment 22 shall be filled in the same manner and by the same appointing authority 23 as the original appointment. The chairperson of the board shall be 24 designated by the governor from among the members of the board. 25 (c) The members shall serve for terms of two years commencing on the 26 effective date of this section. Members of the board shall receive no 27 compensation but shall be reimbursed for reasonable travel and other 28 expenses incurred in the performance of their duties hereunder. 29 (d) The board shall meet as often as it deems necessary, but no less 30 than four times a year. No nominee to the board shall have any past or 31 current affiliation with the tobacco industry or any industry, contrac- 32 tor, agent, or organization that engages in the manufacturing, market- 33 ing, distributing, or sale of tobacco products. The board shall be 34 appointed in full within ninety days of the effective date of this 35 section. 36 (e) The department shall prepare and submit to the board a spending 37 plan for the tobacco use prevention and control program authorized 38 pursuant to the provisions of subdivision one of this section no later 39 than thirty days after the submission of the budget to the legislature. 40 § 2. This act shall take effect immediately.
