S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  713--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by M. of A. PAULIN, L. ROSENTHAL, GOTTFRIED, DINOWITZ, GALEF,
   McDONOUGH,  ARROYO,  BUCHWALD,  DICKENS,  D'URSO,  FERNANDEZ,  TAYLOR,
   MONTESANO, EPSTEIN -- Multi-Sponsored by -- M. of  A.  SIMON  --  read
   once  and  referred  to  the Committee on Health -- recommitted to the
   Committee on Health in accordance with Assembly  Rule  3,  sec.  2  --
   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 in the regulation of tobacco products
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1399-aa of the public  health  law  is  amended  by
 adding a new subdivision 14 to read as follows:
   14. "VAPOR PRODUCTS DEALER" SHALL HAVE THE SAME MEANING AS IN SUBDIVI-
 SION (B) OF SECTION ELEVEN HUNDRED EIGHTY OF THE TAX LAW.
   § 2. Section 1399-hh of the public health law, as added by chapter 433
 of the laws of 1997, is amended to read as follows:
   §  1399-hh. Tobacco AND ELECTRONIC CIGARETTE enforcement.  The commis-
 sioner shall develop, plan and  implement  a  comprehensive  program  to
 reduce  the  prevalence of tobacco AND ELECTRONIC CIGARETTE use, partic-
 ularly among persons less than [eighteen] TWENTY-ONE years of age.  This
 program shall include, but not be limited to, support for enforcement of
 THIS article [thirteen-F of this chapter].
   1.    An  enforcement  officer, as defined in section thirteen hundred
 ninety-nine-t of this chapter, may annually, on such dates as  shall  be
 fixed  by the commissioner, submit an application for such monies as are
 made available for such purpose.  Such application shall be in such form
 as prescribed by the commissioner and shall include, but not be  limited
 to,  plans  regarding random spot checks, including the number and types
 of compliance checks that will be conducted,  and  other  activities  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01661-07-9

 A. 713--A                           2
 
 determine compliance with this article.  Each such plan shall include an
 agreement  to  report  to  the  commissioner: the names and addresses of
 tobacco retailers and vendors AND VAPOR PRODUCTS DEALERS  determined  to
 be  unlicensed,  if any; the number of complaints filed against licensed
 tobacco retail outlets AND VAPOR PRODUCTS  DEALERS;  and  the  names  of
 tobacco  retailers  and vendors AND VAPOR PRODUCTS DEALERS who have paid
 fines, or have been otherwise penalized, due to enforcement actions.
   2.  The commissioner shall distribute such monies as are  made  avail-
 able for such purpose to enforcement officers and, in so doing, consider
 the  number  of  LICENSED  VAPOR  PRODUCTS  DEALERS AND retail locations
 registered to sell tobacco  products  within  the  jurisdiction  of  the
 enforcement officer and the level of proposed activities.
   3.  Monies  made  available  to  enforcement officers pursuant to this
 section shall only be used for local tobacco  AND  ELECTRONIC  CIGARETTE
 enforcement activities approved by the commissioner.
   § 3. Section 1399-jj of the public health law, as amended by chapter 1
 of the laws of 1999, is amended to read as follows:
   § 1399-jj. Evaluation requirements. 1. The commissioner shall evaluate
 the  effectiveness  of  the  efforts  by  state and local governments to
 reduce the use of  tobacco  products  AND  ELECTRONIC  CIGARETTES  among
 minors  and  adults.  The  principal measurements of effectiveness shall
 include negative attitudes toward tobacco AND ELECTRONIC  CIGARETTE  use
 and  reduction of tobacco AND ELECTRONIC CIGARETTE use among the general
 population, and given target populations.
   2. The commissioner shall ensure that, to the extent practicable,  the
 most current research findings regarding mechanisms to reduce and change
 attitudes toward tobacco AND ELECTRONIC CIGARETTE use are used in tobac-
 co  AND  ELECTRONIC  CIGARETTE  education  programs  administered by the
 department.
   3. To diminish tobacco AND ELECTRONIC CIGARETTE use among  minors  and
 adults,  the  commissioner shall ensure that, to the extent practicable,
 the following is achieved:
   The department shall conduct an independent evaluation of  the  state-
 wide  tobacco  use prevention and control program under section thirteen
 hundred ninety-nine-ii of this article. The purpose of  this  evaluation
 is to direct the most efficient allocation of state resources devoted to
 tobacco  AND  ELECTRONIC CIGARETTE education and cessation to accomplish
 the maximum prevention and reduction of tobacco AND ELECTRONIC CIGARETTE
 use among minors and adults. Such evaluation shall be  provided  to  the
 governor,  the  majority  leader  of  the  senate and the speaker of the
 assembly on or before September first, two thousand one, and annually on
 or before such date  thereafter.  The  comprehensive  evaluation  design
 shall be guided by the following:
   (a)  sound  evaluation  principles  including, to the extent feasible,
 elements of controlled experimental methods;
   (b) an evaluation  of  the  comparative  effectiveness  of  individual
 program  designs  which  shall  be used in funding decisions and program
 modifications; and
   (c) an evaluation of other  programs  identified  by  state  agencies,
 local lead agencies, and federal agencies.
   § 4. Section 1399-kk of the public health law, as added by chapter 433
 of the laws of 1997, is amended to read as follows:
   §  1399-kk.  Annual tobacco AND E-CIGARETTE enforcement reporting. The
 commissioner shall submit to the governor and the legislature an interim
 tobacco control report and annual tobacco control  reports  which  shall
 describe  the  extent of the use of tobacco products AND E-CIGARETTES by

 A. 713--A                           3
 
 [minors] THOSE UNDER THE AGE OF TWENTY-ONE in the state and document the
 progress state and local governments have  made  in  reducing  such  use
 among [minors] THOSE UNDER THE AGE OF TWENTY-ONE.
   1. The interim tobacco AND E-CIGARETTE control report. The commission-
 er  shall  submit to the governor and the legislature an interim tobacco
 AND E-CIGARETTE control report on or before  September  first,  nineteen
 hundred ninety-eight. Such interim report shall, to the extent practica-
 ble, include the following information on a county by county basis:
   (a)  number  of  licensed and registered tobacco retailers and vendors
 AND LICENSED VAPOR PRODUCTS DEALERS;
   (b) the names and addresses of retailers and  vendors  who  have  paid
 fines, or have been otherwise penalized, due to enforcement actions;
   (c)  the  number  of  complaints filed against licensed and registered
 tobacco retailers AND LICENSED VAPOR PRODUCTS DEALERS;
   (d) the number of fires caused or believed to  be  caused  by  tobacco
 products AND E-CIGARETTES and deaths and injuries resulting therefrom;
   (e) the number and type of compliance checks conducted; and
   (f) such other information as the commissioner deems appropriate.
   2.  The  commissioner shall submit to the governor and the legislature
 an annual tobacco AND E-CIGARETTE control report  which  shall  describe
 the  extent  of the use of tobacco products AND E-CIGARETTES by [minors]
 THOSE UNDER THE AGE OF TWENTY-ONE in the state and document the progress
 state and local  governments  have  made  in  reducing  such  use  among
 [minors]  THOSE UNDER THE AGE OF TWENTY-ONE.  The annual report shall be
 submitted to the governor and the legislature on or before  March  thir-
 ty-first  of each year beginning on March thirty-first, nineteen hundred
 ninety-nine.   The annual  report  shall,  to  the  extent  practicable,
 include the following information on a county by county basis:
   (a)  number  of  licensed and registered tobacco retailers and vendors
 AND LICENSED VAPOR PRODUCTS DEALERS;
   (b) the names and addresses of retailers and  vendors  who  have  paid
 fines, or have been otherwise penalized, due to enforcement actions;
   (c)  the  number  of  complaints filed against licensed and registered
 tobacco retailers AND LICENSED VAPOR PRODUCTS DEALERS;
   (d) the number of fires caused or believed to  be  caused  by  tobacco
 products AND E-CIGARETTES and deaths and injuries resulting therefrom;
   (e) the number and type of compliance checks conducted;
   (f)  a  survey  of attitudes and behaviors regarding tobacco use among
 [minors] THOSE UNDER THE AGE OF  TWENTY-ONE.  The  initial  such  survey
 shall be deemed to constitute the baseline survey;
   (g)  the  number of tobacco AND E-CIGARETTE users and estimated trends
 in tobacco AND E-CIGARETTE use among [minors] THOSE  UNDER  THE  AGE  OF
 TWENTY-ONE;
   (h) annual tobacco AND E-CIGARETTE sales;
   (i)  tax revenue collected from the sale of tobacco products AND E-CI-
 GARETTES;
   (j) the number of licensed tobacco retail outlets AND  LICENSED  VAPOR
 PRODUCTS DEALERS;
   (k) the number of cigarette vending machines;
   (l) the number and type of compliance checks;
   (m)  the  names  of  entities  that have paid fines due to enforcement
 actions; and
   (n) the number of complaints filed  against  licensed  tobacco  retail
 outlets AND LICENSED VAPOR PRODUCTS DEALERS.
   The annual tobacco AND E-CIGARETTE control report shall, to the extent
 practicable, include the following information: (a) tobacco AND E-CIGAR-

 A. 713--A                           4
 
 ETTE  control  efforts  sponsored by state government agencies including
 money spent to educate [minors] THOSE UNDER THE AGE OF TWENTY-ONE on the
 hazards of tobacco AND E-CIGARETTE use;
   (b)  recommendations  for  improving  tobacco  AND E-CIGARETTE control
 efforts in the state; and
   (c) such other information as the commissioner deems appropriate.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.