S T A T E O F N E W Y O R K
________________________________________________________________________
8609--A
Cal. No. 1505
I N S E N A T E
May 10, 2018
___________
Introduced by Sen. HANNON -- read twice and ordered printed, and when
printed to be committed to the Committee on Health -- reported favora-
bly from said committee, ordered to first and second report, ordered
to a third reading, amended and ordered reprinted, retaining its place
in the order of third reading
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.
LBD15879-02-8
S. 8609--A 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.
