Bill Text: NY A06436 | 2019-2020 | General Assembly | Introduced


Bill Title: Allocates certain tax revenue to the tobacco use prevention and control program fund for programs to help smokers quit and to keep children from smoking.

Spectrum: Slight Partisan Bill (Democrat 11-4)

Status: (Introduced) 2019-03-07 - referred to ways and means [A06436 Detail]

Download: New_York-2019-A06436-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6436
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      March 7, 2019
                                       ___________
        Introduced  by  M.  of  A.  CRESPO,  GOODELL,  HEVESI, JAFFEE, PICHARDO,
          RIVERA, STIRPE -- Multi-Sponsored by -- M. of A. COOK, CROUCH,  FINCH,
          LAWRENCE,  LUPARDO, MOSLEY, SIMON, THIELE -- read once and referred to
          the Committee on Ways and Means
        AN ACT to amend the tax law and the state finance law,  in  relation  to
          allocating  certain  revenue to the tobacco use prevention and control
          program fund for programs to help smokers quit and  to  keep  children
          from smoking
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Statement of  legislative  intent.  The  legislature  finds
     2  that:
     3    New  York  state  has  raised  over  twelve billion dollars in tobacco
     4  revenues over the past seven years, yet only three and one-half  percent
     5  of  these revenues have been spent on the state's Tobacco Use Prevention
     6  and Control Program.
     7    In the year 2013, New York state spent only  sixteen  percent  of  the
     8  amount  recommended by the Centers for Disease Control and Prevention on
     9  tobacco control.  New York state was once a leader  in  tobacco  control
    10  support spending, but now ranks twenty-first in the United States.
    11    From  the  years 2007-2013, funding for the New York State Tobacco Use
    12  Prevention and Control Program was cut by more than  half.  This  inade-
    13  quate  funding level for the program stands in contrast to promises made
    14  in 1998 by public officials to invest  state  dollars  earned  from  the
    15  Tobacco Master Settlement Agreement in tobacco control programs.
    16    The  Tobacco Master Settlement Agreement states that its purpose is to
    17  "achieve for the Settling States and their citizens significant  funding
    18  for  the advancement of public health" and "the implementation of impor-
    19  tant tobacco-related public health measures."
    20    When more adequately funded, the  State  Tobacco  Use  Prevention  and
    21  Control  Program  achieved  successes in the effort to curb tobacco use.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10199-01-9

        A. 6436                             2
     1  Teenage and adult tobacco use rates had fallen faster in New York  state
     2  than in the United States as a whole.
     3    Limited  funding prevents the State Tobacco Use Prevention and Control
     4  Program from reaching the most vulnerable populations with  the  highest
     5  rates  of smoking, individuals with limited income. A recent analysis by
     6  the American Cancer Society of New York and New Jersey found  that  lung
     7  cancer rates in upstate New York are higher than the national average.
     8    Tobacco use takes a terrible toll on New York. In the year 2009, twen-
     9  ty-five thousand four hundred lives were prematurely lost due to tobacco
    10  use,  with  an  estimated  nine thousand six hundred ten of those deaths
    11  resulting from cancer. Tobacco costs  New  Yorkers  over  eight  billion
    12  dollars in health care costs, including nearly two billion seven hundred
    13  thousand dollars in Medicaid expenditures.
    14    The  legislature therefore declares that New York state should fulfill
    15  the promise made by state policy makers at the time of the State Tobacco
    16  Master Settlement Agreement to use tobacco revenues for programs to help
    17  smokers quit and to keep children from smoking. The legislature  further
    18  declares that funding for the Tobacco Use Prevention and Control Program
    19  should  be  incrementally increased on an annual basis over the next ten
    20  years to reach the level recommended by the United  States  Centers  for
    21  Disease Control and Prevention that would be current by the year 2029.
    22    §  2. Section 482 of the tax law, as amended by section 2 of part T of
    23  chapter 61 of the laws of 2011, is amended to read as follows:
    24    § 482. Deposit and disposition of revenue. (a) All taxes, fees, inter-
    25  est and penalties collected or received by the commissioner  under  this
    26  article  and  article  twenty-A  of  this chapter shall be deposited and
    27  disposed of pursuant to the provisions of section one  hundred  seventy-
    28  one-a  of  this  chapter,  as added by chapter sixty-nine of the laws of
    29  nineteen hundred seventy-eight.  (b) From the taxes, interest and penal-
    30  ties collected or received  by  the  commissioner  under  sections  four
    31  hundred  seventy-one  and  four  hundred  seventy-one-a of this article,
    32  effective on and after March first, two thousand, forty-nine and  fifty-
    33  five hundredths, and effective on and after February first, two thousand
    34  two,  forty-three and seventy hundredths; and effective on and after May
    35  first, two thousand  two,  sixty-four  and  fifty-five  hundredths;  and
    36  effective  on  and  after April first, two thousand three, sixty-one and
    37  twenty-two hundredths percent; and effective on and  after  June  third,
    38  two  thousand  eight,  seventy  and  sixty-three hundredths percent; and
    39  effective on and after July first, two thousand ten, seventy-six percent
    40  collected or received under those sections  must  be  deposited  to  the
    41  credit  of  the  tobacco  control  and  insurance initiatives pool to be
    42  established and distributed by the commissioner of health in  accordance
    43  with  section  twenty-eight  hundred  seven-v  of the public health law.
    44  Notwithstanding the provisions of section one hundred  seventy-one-a  of
    45  this  chapter,  as  added  by chapter sixty-nine of the laws of nineteen
    46  hundred seventy-eight, from the  taxes  collected  or  received  by  the
    47  commissioner  pursuant  to  this  article,  effective on and after April
    48  first, two thousand twenty-one, fifty-two million dollars and, effective
    49  from April first, two thousand twenty-two until April first,  two  thou-
    50  sand  twenty-nine  at  least five percent shall annually be additionally
    51  credited to and deposited in the  tobacco  use  prevention  and  control
    52  program  fund  established  pursuant  to section eighty-six of the state
    53  finance law, provided however, that effective April first, two  thousand
    54  thirty  the  total  amount  credited to and deposited in the tobacco use
    55  prevention and control program  fund  established  pursuant  to  section
    56  eighty-six  of  the  state finance law shall not be less than the amount

        A. 6436                             3
     1  recommended by  the  United  States  Centers  for  Disease  Control  and
     2  Prevention on such date.
     3    §  3.  The  state finance law is amended by adding a new section 86 to
     4  read as follows:
     5    § 86. Tobacco use prevention and control program  fund.  1.  There  is
     6  hereby established in the joint custody of the state comptroller and the
     7  commissioner  of  taxation and finance a special fund to be known as the
     8  "tobacco use prevention and control program fund".
     9    2. The tobacco use prevention and control program fund  shall  consist
    10  of  moneys  appropriated  thereto,  and funds transferred from any other
    11  fund or sources including tax revenue required to be  deposited  therein
    12  pursuant to section four hundred eighty-two of the tax law.
    13    3.  The  moneys  received  by  such fund shall be expended pursuant to
    14  appropriation only for the purposes  of  implementing  the  tobacco  use
    15  prevention  and  control  program  pursuant  to section thirteen hundred
    16  ninety-nine-ii of the public health law.
    17    § 4. This act shall take effect April 1, 2021. Effective  immediately,
    18  the  addition,  amendment and/or repeal of any rule or regulation neces-
    19  sary for the implementation of  this  act  on  its  effective  date  are
    20  authorized to be made and completed on or before such effective date.
feedback