S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11211
 
                           I N  A S S E M B L Y
 
                               June 14, 2018
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. L. Rosen-
   thal) -- 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:
 
   Section 1. Section 1399-ii of the public health law, as added by chap-
 ter 1 of the laws of 1999, is amended to read as follows:
   §  1399-ii.  Tobacco use prevention and control program. 1. To improve
 the health, quality of life, and economic well-being  of  all  New  York
 state  citizens,  there  is  hereby  established within the department a
 comprehensive statewide tobacco use prevention and control program.
   2. The department shall support tobacco  use  prevention  and  control
 activities including, but not limited to:
   (a) Community programs to prevent and reduce tobacco use through local
 involvement and partnerships;
   (b) School-based programs to prevent and reduce tobacco use AND USE OF
 ELECTRONIC CIGARETTES;
   (c)  Marketing  and advertising to discourage tobacco AND LIQUID NICO-
 TINE use;
   (d) Tobacco cessation programs for youth and adults;
   (e) Special projects to reduce the disparities in  smoking  prevalence
 among various populations;
   (f)  Restriction of youth access to tobacco products, ELECTRONIC CIGA-
 RETTES AND LIQUID NICOTINE;
   (g) Surveillance of smoking rates; and
   (h) Any other activities determined by the commissioner to  be  neces-
 sary to implement the provisions of this section.
   Such  programs shall be selected by the commissioner through an appli-
 cation process which takes into account whether a program utilizes meth-
 ods recognized as effective in reducing smoking and tobacco use.  Eligi-
 ble applicants may include,  but  not  be  limited  to,  a  health  care
 provider,  schools,  a  college  or  university,  a  local public health
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15879-03-8

 A. 11211                            2
 
 department, a public health organization, a health care provider  organ-
 ization,  association  or  society,  MUNICIPAL CORPORATION, or a profes-
 sional education organization.
   3. (a) There shall be established a tobacco use prevention and control
 advisory  board to advise the commissioner on tobacco use prevention and
 control issues AND ELECTRONIC CIGARETTE AND LIQUID NICOTINE USE  AMONGST
 MINORS,  including  methods  to  prevent  and  reduce tobacco use in the
 state.
   (b) The  board  shall  consist  of  seventeen  members  who  shall  be
 appointed as follows: nine members by the governor; three members by the
 speaker of the assembly; three members by the temporary president of the
 senate  and  one  member  each  by the minority leader of the senate and
 minority leader of the assembly. Any vacancy or  subsequent  appointment
 shall  be filled in the same manner and by the same appointing authority
 as the original appointment. The  chairperson  of  the  board  shall  be
 designated by the governor from among the members of the board.
   (c)  The  members shall serve for terms of two years commencing on the
 effective date of this section. Members of the board  shall  receive  no
 compensation  but  shall  be  reimbursed for reasonable travel and other
 expenses incurred in the performance of their duties hereunder.
   (d) The board shall meet as often as it deems necessary, but  no  less
 than  four  times a year. No nominee to the board shall have any past or
 current affiliation with the tobacco industry or any industry,  contrac-
 tor,  agent,  or organization that engages in the manufacturing, market-
 ing, distributing, or sale of  tobacco  products.  The  board  shall  be
 appointed  in  full  within  ninety  days  of the effective date of this
 section.
   (e) The department shall prepare and submit to the  board  a  spending
 plan  for  the  tobacco  use  prevention  and control program authorized
 pursuant to the provisions of subdivision one of this section  no  later
 than thirty days after the submission of the budget to the legislature.
   §  2.  The  tax law is amended by adding a new article 20-C to read as
 follows:
                               ARTICLE 20-C
                           VENDORS OF ELECTRONIC
                                CIGARETTES
 SECTION 492. REGISTRATION OF VENDORS OF ELECTRONIC CIGARETTES.
   § 492. REGISTRATION OF VENDORS OF ELECTRONIC CIGARETTES.   ANY  PERSON
 SELLING OR OFFERING FOR SALE ELECTRONIC CIGARETTES, AS DEFINED IN SUBDI-
 VISION THIRTEEN OF SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF THE PUBLIC
 HEALTH  LAW, OR LIQUID NICOTINE, AS DEFINED IN PARAGRAPH (E) OF SUBDIVI-
 SION ONE OF SECTION THIRTEEN HUNDRED NINETY-NINE-CC OF THE PUBLIC HEALTH
 LAW, THAT IS NOT OTHERWISE REGISTERED WITH THE DEPARTMENT TO SELL TOBAC-
 CO PRODUCTS AS REQUIRED BY ARTICLE TWENTY OF THIS CHAPTER AND THE  REGU-
 LATIONS  ADOPTED  PURSUANT  THERETO,  SHALL REGISTER WITH THE DEPARTMENT
 PURSUANT TO THIS SECTION.  THE COMMISSIONER SHALL ADOPT REGULATIONS  FOR
 THE ESTABLISHMENT OF SUCH REGISTRATION INCLUDING STANDARDS FOR ISSUANCE,
 RENEWAL  AND  REVOCATION  OF  SUCH REGISTRATION, AND ENSURING COMPLIANCE
 WITH THE PROVISIONS OF THIS SECTION.
   § 3. This act shall take effect immediately; provided that section two
 of this act shall take effect the first  day  of  the  month  commencing
 after  the  one hundred eightieth day after this act shall have become a
 law; provided, however, that effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized and directed  to
 be made and completed on or before such effective date.