NY State Senate Bill 2019-S301A

Senate Bill S301A

Signed By Governor

2019-2020 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 Via A481 - Signed by Governor

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
Sep 12, 2019	signed chap.256 delivered to governor
Jun 18, 2019	returned to assembly passed senate 3rd reading cal.1486 substituted for s301a
Jun 18, 2019	substituted by a481a ordered to third reading cal.1486 committee discharged and committed to rules
Jun 14, 2019	print number 301a
Jun 14, 2019	amend (t) and recommit to health
Jan 09, 2019	referred to health

Votes

- Jun 18, 2019 - Floor Vote
  A481
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2019
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  Jun 18, 2019 - Rules Committee Vote
  S301A
  
  18
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 18, 2019
      
      aye (18)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      aye wr (1)
      
      Griffo

Bill Amendments

Original

A (Active)

2019-S301 - Details

See Assembly Version of this Bill:: A481
Law Section:: Public Health Law
Laws Affected:: Amd §1399-ii, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: S8609, A11211

2019-S301 - Summary

Relates to including electronic cigarettes and liquid nicotine within the tobacco use and prevention program.

2019-S301 - Sponsor Memo

                                
 
BILL NUMBER: S301

SPONSOR: HOYLMAN
 
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:

S.8609-A of 2018 (Hannon): Passed Senate
A.11211 of 2018 (Rosenthal):  Died in Health

 
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.

2019-S301 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    301
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02157-02-9

 S. 301                              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

 S. 301                              3
 
 after the one hundred eightieth day after this act shall have  become  a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule  or  regulation necessary for the implementation of this act on its
 effective  date  are authorized and directed to be made and completed on
 or before such effective date.

co-Sponsors

2019-S301A (ACTIVE) - Details

See Assembly Version of this Bill:: A481
Law Section:: Public Health Law
Laws Affected:: Amd §1399-ii, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: S8609, A11211

2019-S301A (ACTIVE) - Summary

Relates to including electronic cigarettes and liquid nicotine within the tobacco use and prevention program.

2019-S301A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S301A

SPONSOR: HOYLMAN
 
TITLE OF BILL:  An act to amend the public health law, in relation to
the tobacco use and prevention program

 
PURPOSE:

To curb electronic cigarette use among minors through prevention and
education.

 
SUMMARY OF SPECIFIC 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 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 by
including education on electronic cigarettes and liquid nicotine in
school-based tobacco use prevention and control programs.

 
LEGISLATIVE HISTORY:

2017-18: A.11131 - Referred to Education; 5.8690 -Passed Senate

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Effective immediately.

2019-S301A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  301--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN  ACT  to  amend the public health law, in relation to the tobacco use
   and prevention program
 
   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.
                                                            LBD02157-05-9

 S. 301--A                           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. This act shall take effect immediately.

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