senate Bill S6255A

2013-2014 Legislative Session

Includes "electronic cigarettes" within the definition of smoking

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 10, 2014 print number 6255a
amend (t) and recommit to health
Jan 09, 2014 referred to health

Bill Amendments

Original
A (Active)
Original
A (Active)

S6255 - Bill Details

See Assembly Version of this Bill:
A8190A
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §1399-n, Pub Health L

S6255 - Bill Texts

view summary

Includes "electronic cigarettes" within the definition of smoking.

view sponsor memo
BILL NUMBER:S6255

TITLE OF BILL: An act to amend the public health law, in relation to
including electronic cigarettes within the definition of smoking; and
to amend the tax law, in relation to exempting electronic cigarettes
from taxation

PURPOSE: To include the use of electronic cigarettes within the
definition of smoking.

SUMMARY OF PROVISIONS:

Section 1. Amends subdivision 8 of section 1399-n of the Public Health
Law by adding "electronic cigarette" to the meaning of "smoking".

Section 2. Amends section 471 of the Tax Law by adding a new
subdivision 1-a that states "electronic cigarettes shall be exempt
from the provisions of this section."

Section 3. Amends section 471-a of the Tax Law by adding (4) which
exempts electronic cigarettes from the current "use tax on
cigarettes."

Section 4. Amends subdivision 1 of section 471-b of the Tax Law by
adding a new paragraph (d) that states "such tax shall not be imposed
on electronic cigarettes.

Section 5. The opening paragraph of subdivision (a) of section 471-c
of the Tax Law is amended by adding (4) which excludes electronic
cigarettes from the tax that is paid on tobacco products used in New
York State.

Section 6. Establishes the effective date.

JUSTIFICATION: New York State legislators have been leaders in the
protection of public health through legal bans of smoking cigarettes
in a variety of venues. Not only have these prohibitions helped
smokers in their effort to quit, but have had an immeasurable positive
impact on those who are no longer forced to inhale second-hand smoke.

The combination of smoking bans and high cigarette taxes has resulted
in a decreased number of smokers in New York. An unintended
consequence, however, has been the dramatic rise of electronic
cigarette (e-cigarette) use. According to a New York Times article,
"Rise is Seen in Students Who use E-Cigarettes," September 5, 2013,
e-cigarette use by middle and high school students doubled in 2012
from the previous your. A Wells Fargo analyst predicted that U S.
sales will double this year, going on to $1.7 billion (Are
E-Cigarettes a Boon or a Menace?, National Geographic, Daily News,
September 15, 2013).

Electronic cigarettes are battery operated devices that transform a
liquid solution of nicotine into a smokeless, odorless vapor. While
many have successfully used such devices to quit or cut down on
regular cigarettes use, it seems that those who would not have tried a
traditional cigarette feel comfortable trying the e-cigarette. While
manufacturers insist the e-cigarettes are safer than tobacco


cigarettes, public health advocates differ, maintaining that more
research is needed. E-Cigarettes are relatively new and there has been
no significant consensus indicating whether they are safe for the
smoker, or if they have any impacts on the environment.

Currently, there is a legal limbo regarding e-cigarettes. The United
States Food and Drug Administration (FDA) has not issued regulations
covering e-cigarettes. Because the FDA has not issued regulations,
e-cigarette companies can advertise them so that marketing efforts
target youth. New York State has outlawed the sale of e-cigarettes to
minors. Aside from this ban, however, there are no laws governing
where e-cigarettes can be smoked. Some hotels, airports and nightclubs
ban e-cigarettes while others do not.

This legislation clarifies the legalities surrounding the use of
e-cigarettes. It ensures that all New Yorkers are protected while
providing public health experts and scientists the time needed to
investigate the health impacts of e-cigarettes.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6255

                            I N  S E N A T E

                             January 9, 2014
                               ___________

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, in relation  to  including  elec-
  tronic  cigarettes  within the definition of smoking; and to amend the
  tax law, in relation to exempting electronic cigarettes from taxation

  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  to  read  as
follows:
  8.  "Smoking"  means  the burning of a lighted cigar, cigarette, ELEC-
TRONIC CIGARETTE, pipe or any other matter or substance  which  contains
tobacco.
  S 2. Section 471 of the tax law is amended by adding a new subdivision
1-a to read as follows:
  1-A. ELECTRONIC CIGARETTES SHALL BE EXEMPT FROM THE PROVISIONS OF THIS
SECTION.
  S  3.  Section 471-a of the tax law, as amended by section 5 of part D
of chapter 134 of the laws of 2010, is amended to read as follows:
  S 471-a. Use tax on cigarettes. There is hereby imposed and  shall  be
paid  a  tax  on  all cigarettes used in the state by any person, except
that no tax shall be imposed (1) if the tax  provided  in  section  four
hundred  seventy-one  of  this  article is paid, (2) on the use of ciga-
rettes which are exempt from the tax imposed by said section,  [or]  (3)
on  the  use  of four hundred or less cigarettes, brought into the state
on, or in the possession of, any person, OR (4) ON THE USE OF ELECTRONIC
CIGARETTES. Such tax on cigarettes shall be at the rate of four  dollars
and  thirty-five  cents  for each twenty cigarettes or fraction thereof,
provided, however, that if a package of cigarettes  contains  more  than
twenty  cigarettes, the rate of tax on the cigarettes in such package in
excess of twenty shall be one dollar and eight and three-quarters  cents
for  each  five cigarettes or fraction thereof. Within twenty-four hours
after liability for the tax accrues, each such person  shall  file  with
the commissioner a return in such form as the commissioner may prescribe

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11823-02-3

S. 6255                             2

together  with  a  remittance  of  the  tax shown to be due thereon. For
purposes of this article, the word "use" means the exercise of any right
or power actual or constructive and shall include but is not limited  to
the receipt, storage or any keeping or retention for any length of time,
but  shall not include possession for sale. All other provisions of this
article if not  inconsistent  shall  apply  to  the  administration  and
enforcement  of the tax imposed by this section in the same manner as if
the language of said provisions had been incorporated in full into  this
section.
  S  4.  Subdivision  1  of  section  471-b of the tax law is amended by
adding a new paragraph (d) to read as follows:
  (D) SUCH TAX SHALL NOT BE IMPOSED UPON ELECTRONIC CIGARETTES.
  S 5. The opening paragraph of subdivision (a) of section 471-c of  the
tax  law,  as amended by section 2 of part I-1 of chapter 57 of the laws
of 2009, is amended to read as follows:
  There is hereby imposed and  shall  be  paid  a  tax  on  all  tobacco
products  used in the state by any person, except that no such tax shall
be imposed (1) if the tax provided in section four hundred seventy-one-b
of this article is paid, or (2) on the use of tobacco products which are
exempt from the tax imposed by said section, or (3) on the  use  of  two
hundred  fifty  cigars  or less, or five pounds or less of tobacco other
than roll-your-own tobacco, or thirty-six ounces or less  of  roll-your-
own  tobacco  brought  into  the  state on, or in the possession of, any
person, OR (4) ON THE USE OF ELECTRONIC CIGARETTES.
  S 6. This act shall take effect immediately.

Co-Sponsors

S6255A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8190A
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §1399-n, Pub Health L

S6255A (ACTIVE) - Bill Texts

view summary

Includes "electronic cigarettes" within the definition of smoking.

view sponsor memo
BILL NUMBER:S6255A

TITLE OF BILL: An act to amend the public health law, in relation to
including electronic cigarettes within the definition of smoking

PURPOSE:

To include the use of electronic cigarettes within the definition of
smoking.

SUMMARY OF PROVISIONS:

Section 1. Amends subdivision 8 of section 1399-n of the Public Health
Law by adding "electronic cigarette" to the meaning of "smoking".

Section 2. Establishes the effective date.

JUSTIFICATION:

New York State legislators have been leaders in the protection of
public health through legal bans of smoking cigarettes in a variety of
venues. Not only have these prohibitions helped smokers in their
effort to quit, but have had an immeasurable positive impact on those
who are no longer forced to inhale second-hand smoke.

The combination of smoking bans and high cigarette taxes has resulted
in a decreased number of smokers in New York. An unintended
consequence, however, has been the dramatic rise of electronic
cigarette (e-cigarette) use. According to a New York Times article,
"Rise is Seen in Students Who use E-Cigarettes," September 5, 2013,
e-cigarette use by middle and high school students doubled in 2012
from the previous your. A Wells Fargo analyst predicted that U.S.
sales will double this year, going on to $1.7 billion (Are
E-Cigarettes a Boon or a Menace?, National Geographic, Daily News,
September 15, 2013).

Electronic cigarettes are battery operated devices that transform a
liquid solution of nicotine into a smokeless, odorless vapor. While
many have successfully used such devices to quit or cut down on
regular cigarettes use, it seems that those who would not have tried a
traditional cigarette feel comfortable trying the e-cigarette. While
manufacturers insist the e-cigarettes are safer than tobacco
cigarettes, public health advocates differ, maintaining that more
research is needed. E-Cigarettes are relatively new and there has been
no significant consensus indicating whether they are safe for the
smoker, or if they have any impacts on the environment.

Currently, there is a legal limbo regarding e-cigarettes. The United
States Food and Drug Administration (FDA) has not issued regulations
covering e-cigarettes. Because the FDA has not issued regulations,
e-cigarette companies can advertise them so that marketing efforts
target youth. New York State has outlawed the sale of e-cigarettes to
minors. Aside from this ban, however, there are no laws governing
where e-cigarettes can be smoked. Some hotels, airports and nightclubs
ban e-cigarettes while others do not.


This legislation clarifies the legalities surrounding the use of
e-cigarettes. It ensures that all New Yorkers are protected while
providing public health experts and scientists the time needed to
investigate the health impacts of e-cigarettes.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6255--A

                            I N  S E N A T E

                             January 9, 2014
                               ___________

Introduced  by Sen. CARLUCCI -- 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 including elec-
  tronic cigarettes within the definition of smoking

  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  to  read  as
follows:
  8.  "Smoking"  means  the burning of a lighted cigar, cigarette, ELEC-
TRONIC CIGARETTE, pipe or any other matter or substance  which  contains
tobacco.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11823-04-4

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