NY State Senate Bill 2017-S7335

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2018	referred to health

co-Sponsors

2017-S7335 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §1339-n, Pub Health L; amd §471-b, Tax L
Versions Introduced in 2019-2020 Legislative Session:: S137

2017-S7335 (ACTIVE) - Summary

Imposes a tax on vapor products at a rate of twenty-five cents per fluid milliliter, or a part thereof, of a vapor product; defines terms.

2017-S7335 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7335

SPONSOR: CARLUCCI
 
TITLE OF BILL:  An act to amend the public health law and the tax law,
in relation to imposing a tax on vapor products

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would enact a 25 cent tax per milliliter on vapor products,
including vapes and e-cigarettes.

 
SUMMARY OF PROVISIONS:

Section 1: Subdivision 8 of section 1399-n of the public health law, as
amended by chapter 13 of the laws of 2003, is amended to add herbal
cigarettes and vapor products to the definition of "smoking", and a new
subdivision 9 is added to define "vapor product".

Section 2: Subdivision 1 of section 471-b of the tax law is amended by
adding a new subdivision (d), which implements a tax on vapor products.

Section 3: Effective date.

 
JUSTIFICATION:

E-cigarette use is often touted as a safer alternative to using tradi-
tional tobacco products or as a method to quit smoking.  The truth is
that e-cigarettes are harmful to health and not a proven method of ciga-
rette cessation. E-cigarette vapor can contain a variety of dangerous
chemicals including cadmium, formaldehyde, diacetyl and benzene. Heavy
metals like lead, tin and nickel can be present. It is the nicotine in
e-cigarettes that makes using them highly addictive, the same as for
traditional cigarettes.

E-cigarettes are most commonly used among teenagers and young adults.
New York's young people are at serious risk for becoming addicted to
these products. In fact, a recent study showed that teens who use e-ci-
garettes are much more likely to pick up smoking. E-cigarette use among
teens doubled between 2014 and 2016.

It is time to treat e-cigarettes and other vape products like the addic-
tive tobacco products they mimic so well. That includes taxing them like
cigarettes. E-cigarettes are a threat to public health and without
action will trap a new generation of New Yorker's in the grips of
addiction.

 
PRIOR LEGISLATIVE HISTORY:

New bill

2017-S7335 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7335
 
                             I N  S E N A T E
 
                              January 8, 2018
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law and the tax law,  in  relation  to
   imposing a tax on vapor products
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 8 of section 1399-n of the public  health  law,
 as  amended  by  chapter  13  of  the laws of 2003, is amended and a new
 subdivision 9-a is added to read as follows:
   8. "Smoking" means the burning of a lighted cigar, cigarette, pipe  or
 any  other matter or substance which contains tobacco, THE BURNING OF AN
 HERBAL CIGARETTE OR THE USE OF A VAPOR PRODUCT.
   9-A. "VAPOR PRODUCT" MEANS ANY NONCOMBUSTIBLE LIQUID OR  GEL,  REGARD-
 LESS  OF  THE  PRESENCE OF NICOTINE THEREIN, THAT IS MANUFACTURED INTO A
 FINISHED PRODUCT FOR USE IN AN ELECTRONIC CIGARETTE,  ELECTRONIC  CIGAR,
 ELECTRONIC  CIGARILLO,  ELECTRONIC PIPE, VAPING PEN, HOOKAH PEN OR OTHER
 SIMILAR DEVICE. "VAPOR PRODUCT" SHALL NOT INCLUDE ANY  PRODUCT  APPROVED
 BY  THE  UNITED STATES FOOD AND DRUG ADMINISTRATION AS A DRUG OR MEDICAL
 DEVICE.
   § 2. Subdivision 1 of section 471-b of  the  tax  law  is  amended  by
 adding a new paragraph (d) to read as follows:
   (D)  THE STATE SHALL IMPOSE A TAX ON VAPOR PRODUCTS AT A RATE OF TWEN-
 TY-FIVE CENTS PER FLUID MILLILITER, OR PART THEREOF, OF THE VAPOR  PROD-
 UCT.  ALL  INVOICES FOR VAPOR PRODUCTS ISSUED BY DISTRIBUTORS AND WHOLE-
 SALERS SHALL STATE THE AMOUNT OF VAPOR PRODUCT IN MILLILITERS.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14114-01-8

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Senate Bill S7335

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

co-Sponsors

2017-S7335 (ACTIVE) - Details

2017-S7335 (ACTIVE) - Summary

2017-S7335 (ACTIVE) - Sponsor Memo

2017-S7335 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7335

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Sponsored By

David Carlucci

Archive: Last Bill Status - In Senate Committee Health Committee

co-Sponsors

Marisol Alcantara

2017-S7335 (ACTIVE) - Details

2017-S7335 (ACTIVE) - Summary

2017-S7335 (ACTIVE) - Sponsor Memo

2017-S7335 (ACTIVE) - Bill Text download pdf

Comments