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


                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.
                                                                   LBD02157-01-9

        A. 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 commencing

        A. 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.
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