NY State Senate Bill 2017-S8609A

Senate Bill S8609A

2017-2018 Legislative Session

Relates to including electronic cigarettes and liquid nicotine within the tobacco use and prevention program; and requiring the registration of vendors of electronic cigarettes

download bill text pdf

Archive: Last Bill Status - In Assembly 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 19, 2018	referred to health delivered to assembly passed senate
Jun 06, 2018	amended on third reading 8609a
Jun 05, 2018	advanced to third reading
Jun 04, 2018	2nd report cal.
May 31, 2018	1st report cal.1505
May 10, 2018	referred to health

Votes

- May 31, 2018 - Health Committee Vote
  S8609A
  
  16
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 31, 2018
      
      aye (16)
      
      Felder
      
      Golden
      
      Hannon
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Larkin
      
      Little
      
      Mayer
      
      Murphy
      
      Persaud
      
      Ritchie
      
      Rivera
      
      Seward
      
      Stavisky
      
      Valesky
      
      aye wr (1)
      
      Montgomery

Bill Amendments

Original

A (Active)

2017-S8609 - Details

See Assembly Version of this Bill:: A11211
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Amd §1399-ii, Pub Health L; add Art 20-C §492, Tax L
Versions Introduced in 2019-2020 Legislative Session:: S301, A481

2017-S8609 - Summary

Includes electronic cigarettes and liquid nicotine within the tobacco use and prevention program and requires the registration of vendors of electronic cigarettes.

2017-S8609 - Sponsor Memo

                                
 
BILL NUMBER: S8609

SPONSOR: HANNON
 
TITLE OF BILL:  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

 
PURPOSE:

To curb electronic cigarette use among minors through prevention, educa-
tion and sale to minor compliance checks.

 
SUMMARY OF PROVISIONS:

Section one amends the Tobacco Use Prevention and Control Program to
expand current school-based programs and marketing initiatives aimed at
reducing tobacco use, to include electronic cigarette and liquid nico-
tine use. This section also charges with Tobacco Use Prevention and
Control Advisory Board to advise the Commissioner on prevention and
control of electronic cigarette and liquid nicotine use amongst minors.

Section two adds a new Article 20-C to the Tax Law, requiring any person
selling or offering for sale electronic cigarettes or liquid nicotine,
who that is not registered with the Department of Taxation and Finance
to sell tobacco products, to register under this section.  The Commis-
sioner shall adopt regulations to establish the registration requirement
and ensure compliance.

Section three provides the effective date.

 
JUSTIFICATION:

In 2012, the state banned the sale of electronic cigarettes to minors
under the age of 18. Despite enactment of this ban to minors in New York
and a number of other states, the CDC reported that use of electronic
cigarettes among middle school and high school students more than
doubled from 2011 to 2012. Recognizing that the health effects of elec-
tronic cigarettes remain unknown, the FDA issued regulations on elec-
tronic cigarettes, which includes a nationwide ban of the sale to minors
in 2016. However, given the still increasing use among minors, the FDA
recently announced the Youth Tobacco Prevention Plan to investigate and
crack down on access to minors.

This legislation seeks to educate and discourage use amongst minors and
addresses a loophole in electronic cigarette enforcement. Chapter 448 of
2012 included electronic cigarettes in the Public Health Law provisions
banning sale to minors. Chapter 542 of 2014 expressly included liquid
nicotine in the ban to minors. Given these changes did not add electron-
ic cigarettes or liquid nicotine to the definition of a "tobacco prod-
uct" under the Tax Law, retailer's that sell only these products and not
traditional tobacco products do not need a tobacco registration from the
state. As a result, when these retailers are not subject to compliance
checks by the Department of Health Enforcement Unit to ensure they are
not selling to minors. By requiring retailers that are not registered to
sell tobacco products, to register under this new article will ensure
that State and localities can conduct compliance checks to confirm
adherence to existing law.

 
LEGISLATIVE HISTORY:
New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Effective the first day of the month commencing after the 180th day
after enactment; provided the addition, amendment and/or repeal of any
rule or regulation necessary for implementation is effective immediate-
ly.

2017-S8609 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8609
 
                             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
 
 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.
                                                            LBD15879-01-8

 S. 8609                             2
 
 department, a public health organization, a health care provider  organ-
 ization,  association  or society, or a professional education organiza-
 tion.
   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.

2017-S8609A (ACTIVE) - Details

See Assembly Version of this Bill:: A11211
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Amd §1399-ii, Pub Health L; add Art 20-C §492, Tax L
Versions Introduced in 2019-2020 Legislative Session:: S301, A481

2017-S8609A (ACTIVE) - Summary

Includes electronic cigarettes and liquid nicotine within the tobacco use and prevention program and requires the registration of vendors of electronic cigarettes.

2017-S8609A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8609A

SPONSOR: HANNON
 
TITLE OF BILL:

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

 
PURPOSE:

To curb electronic cigarette use among minors through prevention, educa-
tion and sale to minor compliance checks.

 
SUMMARY OF PROVISIONS:

Section one amends the Tobacco Use Prevention and Control Program to
expand current school-based programs and marketing initiatives aimed at
reducing tobacco use, to include electronic cigarette and liquid nico-
tine use. This section also charges with Tobacco Use Prevention and
Control Advisory Board to advise the Commissioner on prevention and

control of electronic cigarette and liquid nicotine use amongst minors.

Section two adds a new Article 20-C to the Tax Law, requiring any person
selling or offering for sale electronic cigarettes or liquid nicotine,
who that is not registered with the Department of Taxation and Finance
to sell tobacco products, to register under this section.  The Commis-
sioner shall adopt regulations to establish the registration requirement
and ensure compliance.

Section three provides the effective date.

 
JUSTIFICATION:

In 2012, the state banned the sale of electronic cigarettes to minors
under the age of 18. Despite enactment of this ban to minors in New York
and a number of other states, the CDC reported that use of electronic
cigarettes among middle school and high school students more than
doubled from 2011 to 2012. Recognizing that the health effects of elec-
tronic cigarettes remain unknown, the FDA issued regulations on elec-
tronic cigarettes, which includes a nationwide ban of the sale to minors
in 2016. However, given the still increasing use among minors, the FDA
recently announced the Youth Tobacco Prevention Plan to investigate and
crack down on access to minors.

This legislation seeks to educate and discourage use amongst minors and
addresses a loophole in electronic cigarette enforcement. Chapter 448 of
2012 included electronic cigarettes in the Public Health Law provisions
banning sale to minors. Chapter 542 of 2014 expressly included liquid
nicotine in the ban to minors. Given these changes did not add electron-
ic cigarettes or liquid nicotine to the definition of a "tobacco prod-
uct" under the Tax Law, retailer's that sell only these products and not
traditional tobacco products do not need a tobacco registration from the
state. As a result, when these retailers are not subject to compliance
checks by the Department of Health Enforcement Unit to ensure they are
not selling to minors. By requiring retailers that are not registered to
sell tobacco products, to register under this new article will ensure
that State and localities can conduct compliance checks to confirm
adherence to existing law.
 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Effective the first day of the month commencing after the 180th day
after enactment; provided the addition, amendment and/or repeal of any
rule or regulation necessary for implementation is effective immediate-
ly.

2017-S8609A (ACTIVE) - Bill Text download pdf

                            
 
                     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.

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