S T A T E   O F   N E W   Y O R K
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                                    481
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02157-01-9

 A. 481                              2
 
   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
 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

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 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.