Bill Text: NY A00481 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 481 2019-2020 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2019 ___________ Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to the tobacco use and prevention program; and to amend the tax law, in relation to the registration of vendors of electronic cigarettes 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; 20 (g) Surveillance of smoking rates; and 21 (h) Any other activities determined by the commissioner to be neces- 22 sary to implement the provisions of this section. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02157-01-9A. 481 2 1 Such programs shall be selected by the commissioner through an appli- 2 cation process which takes into account whether a program utilizes meth- 3 ods recognized as effective in reducing smoking and tobacco use. Eligi- 4 ble applicants may include, but not be limited to, a health care 5 provider, schools, a college or university, a local public health 6 department, a public health organization, a health care provider organ- 7 ization, association or society, municipal corporation, or a profes- 8 sional education organization. 9 3. (a) There shall be established a tobacco use prevention and control 10 advisory board to advise the commissioner on tobacco use prevention and 11 control issues and electronic cigarette and liquid nicotine use amongst 12 minors, including methods to prevent and reduce tobacco use in the 13 state. 14 (b) The board shall consist of seventeen members who shall be 15 appointed as follows: nine members by the governor; three members by the 16 speaker of the assembly; three members by the temporary president of the 17 senate and one member each by the minority leader of the senate and 18 minority leader of the assembly. Any vacancy or subsequent appointment 19 shall be filled in the same manner and by the same appointing authority 20 as the original appointment. The chairperson of the board shall be 21 designated by the governor from among the members of the board. 22 (c) The members shall serve for terms of two years commencing on the 23 effective date of this section. Members of the board shall receive no 24 compensation but shall be reimbursed for reasonable travel and other 25 expenses incurred in the performance of their duties hereunder. 26 (d) The board shall meet as often as it deems necessary, but no less 27 than four times a year. No nominee to the board shall have any past or 28 current affiliation with the tobacco industry or any industry, contrac- 29 tor, agent, or organization that engages in the manufacturing, market- 30 ing, distributing, or sale of tobacco products. The board shall be 31 appointed in full within ninety days of the effective date of this 32 section. 33 (e) The department shall prepare and submit to the board a spending 34 plan for the tobacco use prevention and control program authorized 35 pursuant to the provisions of subdivision one of this section no later 36 than thirty days after the submission of the budget to the legislature. 37 § 2. The tax law is amended by adding a new article 20-C to read as 38 follows: 39 ARTICLE 20-C 40 VENDORS OF ELECTRONIC 41 CIGARETTES 42 Section 492. Registration of vendors of electronic cigarettes. 43 § 492. Registration of vendors of electronic cigarettes. Any person 44 selling or offering for sale electronic cigarettes, as defined in subdi- 45 vision thirteen of section thirteen hundred ninety-nine-aa of the public 46 health law, or liquid nicotine, as defined in paragraph (e) of subdivi- 47 sion one of section thirteen hundred ninety-nine-cc of the public health 48 law, that is not otherwise registered with the department to sell tobac- 49 co products as required by article twenty of this chapter and the regu- 50 lations adopted pursuant thereto, shall register with the department 51 pursuant to this section. The commissioner shall adopt regulations for 52 the establishment of such registration including standards for issuance, 53 renewal and revocation of such registration, and ensuring compliance 54 with the provisions of this section. 55 § 3. This act shall take effect immediately; provided that section two 56 of this act shall take effect the first day of the month commencingA. 481 3 1 after the one hundred eightieth day after this act shall have become a 2 law; provided, however, that effective immediately, the addition, amend- 3 ment and/or repeal of any rule or regulation necessary for the implemen- 4 tation of this act on its effective date are authorized and directed to 5 be made and completed on or before such effective date.