S T A T E O F N E W Y O R K
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2971--A
2015-2016 Regular Sessions
I N S E N A T E
January 30, 2015
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Introduced by Sens. RITCHIE, SQUADRON -- read twice and ordered printed,
and when printed to be committed to the Committee on Investigations
and Government Operations -- recommitted to the Committee on Investi-
gations and Government Operations in accordance with Senate Rule 6,
sec. 8 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
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:
Section 1. Statement of legislative intent. The legislature finds
that:
New York state has raised over twelve billion dollars in tobacco
revenues over the past seven years, yet only three and one-half percent
of these revenues have been spent on the state's Tobacco Use Prevention
and Control Program.
In the year 2013, New York state spent only sixteen percent of the
amount recommended by the Centers for Disease Control and Prevention on
tobacco control. New York state was once a leader in tobacco control
support spending, but now ranks twenty-first in the United States.
From the years 2007-2013, funding for the New York State Tobacco Use
Prevention and Control Program was cut by more than half. This inade-
quate funding level for the program stands in contrast to promises made
in 1998 by public officials to invest state dollars earned from the
Tobacco Master Settlement Agreement in tobacco control programs.
The Tobacco Master Settlement Agreement states that its purpose is to
"achieve for the Settling States and their citizens significant funding
for the advancement of public health" and "the implementation of impor-
tant tobacco-related public health measures."
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06273-02-6
S. 2971--A 2
When more adequately funded, the State Tobacco Use Prevention and
Control Program achieved successes in the effort to curb tobacco use.
Teenage and adult tobacco use rates had fallen faster in New York state
than in the United States as a whole.
Limited funding prevents the State Tobacco Use Prevention and Control
Program from reaching the most vulnerable populations with the highest
rates of smoking, individuals with limited income. A recent analysis by
the American Cancer Society of New York and New Jersey found that lung
cancer rates in upstate New York are higher than the national average.
Tobacco use takes a terrible toll on New York. In the year 2009, twen-
ty-five thousand four hundred lives were prematurely lost due to tobacco
use, with an estimated nine thousand six hundred ten of those deaths
resulting from cancer. Tobacco costs New Yorkers over eight billion
dollars in health care costs, including nearly two billion seven hundred
thousand dollars in Medicaid expenditures.
The legislature therefore declares that New York state should fulfill
the promise made by state policy makers at the time of the State Tobacco
Master Settlement Agreement to use tobacco revenues for programs to help
smokers quit and to keep children from smoking. The legislature further
declares that funding for the Tobacco Use Prevention and Control Program
should be incrementally increased on an annual basis over the next ten
years to reach the level recommended by the United States Centers for
Disease Control and Prevention that would be current by the year 2024.
S 2. Section 482 of the tax law, as amended by section 2 of part T of
chapter 61 of the laws of 2011, is amended to read as follows:
S 482. Deposit and disposition of revenue. (a) All taxes, fees, inter-
est and penalties collected or received by the commissioner under this
article and article twenty-A of this chapter shall be deposited and
disposed of pursuant to the provisions of section one hundred seventy-
one-a of this chapter, AS ADDED BY CHAPTER SIXTY-NINE OF THE LAWS OF
NINETEEN HUNDRED SEVENTY-EIGHT, AS AMENDED. (b) From the taxes, inter-
est and penalties collected or received by the commissioner under
sections four hundred seventy-one and four hundred seventy-one-a of this
article, effective on and after March first, two thousand, forty-nine
and fifty-five hundredths, and effective on and after February first,
two thousand two, forty-three and seventy hundredths; and effective on
and after May first, two thousand two, sixty-four and fifty-five
hundredths; and effective on and after April first, two thousand three,
sixty-one and twenty-two hundredths percent; and effective on and after
June third, two thousand eight, seventy and sixty-three hundredths
percent; and effective on and after July first, two thousand ten, seven-
ty-six percent collected or received under those sections must be depos-
ited to the credit of the tobacco control and insurance initiatives pool
to be established and distributed by the commissioner of health in
accordance with section twenty-eight hundred seven-v of the public
health law. NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED
SEVENTY-ONE-A OF THIS CHAPTER, AS ADDED BY CHAPTER SIXTY-NINE OF THE
LAWS OF NINETEEN HUNDRED SEVENTY-EIGHT, AS AMENDED, FROM THE TAXES
COLLECTED OR RECEIVED BY THE COMMISSIONER PURSUANT TO THIS ARTICLE,
EFFECTIVE ON AND AFTER APRIL FIRST, TWO THOUSAND SEVENTEEN, FIFTY-TWO
MILLION DOLLARS AND, EFFECTIVE FROM APRIL FIRST, TWO THOUSAND EIGHTEEN
UNTIL APRIL FIRST, TWO THOUSAND TWENTY-SIX AT LEAST FIVE PERCENT SHALL
ANNUALLY BE ADDITIONALLY CREDITED TO AND DEPOSITED IN THE TOBACCO USE
PREVENTION AND CONTROL PROGRAM FUND ESTABLISHED PURSUANT TO SECTION
EIGHTY-SIX OF THE STATE FINANCE LAW, PROVIDED HOWEVER, THAT EFFECTIVE
APRIL FIRST, TWO THOUSAND TWENTY-SEVEN THE TOTAL AMOUNT CREDITED TO AND
S. 2971--A 3
DEPOSITED IN THE TOBACCO USE PREVENTION AND CONTROL PROGRAM FUND ESTAB-
LISHED PURSUANT TO SECTION EIGHTY-SIX OF THE STATE FINANCE LAW SHALL NOT
BE LESS THAN THE AMOUNT RECOMMENDED BY THE UNITED STATES CENTERS FOR
DISEASE CONTROL AND PREVENTION ON SUCH DATE.
S 3. The state finance law is amended by adding a new section 86 to
read as follows:
S 86. TOBACCO USE PREVENTION AND CONTROL PROGRAM FUND. 1. THERE IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
"TOBACCO USE PREVENTION AND CONTROL PROGRAM FUND".
2. THE TOBACCO USE PREVENTION AND CONTROL PROGRAM FUND SHALL CONSIST
OF MONEYS APPROPRIATED THERETO, AND FUNDS TRANSFERRED FROM ANY OTHER
FUND OR SOURCES INCLUDING TAX REVENUE REQUIRED TO BE DEPOSITED THEREIN
PURSUANT TO SECTION FOUR HUNDRED EIGHTY-TWO OF THE TAX LAW.
3. THE MONEYS RECEIVED BY SUCH FUND SHALL BE EXPENDED PURSUANT TO
APPROPRIATION ONLY FOR THE PURPOSES OF IMPLEMENTING THE TOBACCO USE
PREVENTION AND CONTROL PROGRAM PURSUANT TO SECTION THIRTEEN HUNDRED
NINETY-NINE-II OF THE PUBLIC HEALTH LAW.
S 4. This act shall take effect April 1, 2018. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.