NY State Senate Bill 2019-S137

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to health
Jan 09, 2019	referred to health

2019-S137 (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 2017-2018 Legislative Session:: S7335

2019-S137 (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.

2019-S137 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S137

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:

2017-18: S7335 - HEALTH

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2019-S137 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    137
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 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.
                                                            LBD05336-01-9

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S137

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

2019-S137 (ACTIVE) - Details

2019-S137 (ACTIVE) - Summary

2019-S137 (ACTIVE) - Sponsor Memo

2019-S137 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S137

Share this bill

Sponsored By

David Carlucci

Archive: Last Bill Status - In Senate Committee Health Committee

2019-S137 (ACTIVE) - Details

2019-S137 (ACTIVE) - Summary

2019-S137 (ACTIVE) - Sponsor Memo

2019-S137 (ACTIVE) - Bill Text download pdf

Comments