NY State Senate Bill 2019-S3905A

Archive: Last Bill Status - In Senate Committee Rules 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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 14, 2020	reported and committed to rules
Jan 08, 2020	referred to health
Dec 30, 2019	print number 3905a
Dec 30, 2019	amend and recommit to health
Feb 21, 2019	referred to health

Votes

- Jan 14, 2020 - Health Committee Vote
  S3905A
  
  14
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Jan 14, 2020
      
      aye (14)
      
      Benjamin
      
      Biaggi
      
      Carlucci
      
      Gallivan
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Little
      
      Metzger
      
      Montgomery
      
      Ritchie
      
      Rivera
      
      Salazar
      
      Stavisky

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S3905 - Details

Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §§1399-aa, 1399-hh, 1399-jj & 1399-kk, Pub Health L

2019-S3905 - Summary

Includes electronic cigarettes in the regulation of tobacco products; relates to the distribution and transportation of such products.

2019-S3905 - Sponsor Memo

                                
 
BILL NUMBER: S3905

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to including elec-
tronic cigarettes in the regulation of tobacco products

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill amends the public health law to prevent access to electronic
cigarettes by persons younger than 18 years.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends subdivision 13 of 1399-aa, deeming electronic ciga-
rettes to be cigarettes for the purposes of the article. It amends
subdivision two of 1399-gg to indicate the number of electronic ciga-
rettes that may be sold or distributed in a package.  It amends subdivi-
sion two of 1399-11 to indicate the number of electronic cigarettes that
may be transported by a person who is not licensed as a cigarette tax

agent or wholesale dealer.

Section two provides the effective date.

 
JUSTIFICATION:

Electronic cigarettes, or e-cigarettes, are electronic devices that
deliver vapor that is then inhaled by the electronic cigarette smoker.
Because electronic cigarettes routinely contain nicotine, flavoring
including diacetyl, a chemical linked to a serious lung disease, other
cancer-causing chemicals, and heavy metals including nickel, tin, and
lead, health experts advise against use the use of electronic ciga-
rettes.

This legislation would amend the definition of electronic cigarette to
treat electronic cigarettes as cigarettes for purposes of Article 13-F
of the Public Health Law, "Regulation of Tobacco Products, Herbal Ciga-
rettes and Smoking Paraphernalia; Distribution to Minors."  While Arti-
cle 13-F already includes electronic cigarettes in certain provisions,
such as banning the sale to persons younger than eighteen, electronic
cigarettes are omitted from others. This will ensure that electronic
cigarettes are included, along with cigarettes and other tobacco
products, in several important laws that regulate these products.

Specifically, this change in the definition would include electronic
cigarettes in the state-wide tobacco use prevention and control program
which supports community programs to reduce tobacco use, particularly
among youth. It would allow the health and environmental impacts of
electronic cigarettes to be evaluated by the commissioner, which is
especially important since there is little information available on the
health and environmental impacts of electronic cigarettes.

It would also add electronic cigarettes to the section of law that bans
the shipment of cigarettes by businesses to individuals, and it will
allow the tax revenue collected from the sale of electronic cigarettes
to be included in the annual tobacco enforcement reporting. A recent New
York Times article described how electronic cigarettes are routinely
used at secondary schools and have become extremely popular with youth.
Therefore, it is critical that electronic cigarettes are included in
these important tobacco control measures.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATION:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately

2019-S3905 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3905
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2019
                                ___________
 
 Introduced  by  Sen.  RIVERA -- 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 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. Subdivision 13 of section 1399-aa of the public health law,
 as amended by chapter 542 of the laws of 2014, is  amended  to  read  as
 follows:
   13. "Electronic cigarette" or "e-cigarette" means an electronic device
 that  delivers  vapor  which is inhaled by an individual user, and shall
 include any refill, cartridge and any other component of such a  device.
 FOR THE PURPOSES OF THIS ARTICLE, ELECTRONIC CIGARETTES AND E-CIGARETTES
 SHALL BE DEEMED TO BE CIGARETTES.
   §  2.  Subdivision  2  of section 1399-gg of the public health law, as
 added by chapter 513 of the laws of 2004, is amended to read as follows:
   2. No person engaged in the  business  of  manufacturing,  selling  or
 otherwise  distributing  tobacco  products, herbal cigarettes, cigarette
 wrapping papers, wrapping leaves or tubes, or any agent or  employee  of
 such  person,  shall manufacture or cause to be manufactured for sale in
 this state, or sell or distribute in this  state:  (a)  any  package  or
 other  container  of  cigarettes containing fewer than twenty cigarettes
 (OTHER THAN ELECTRONIC CIGARETTES); (b)  any  package  of  roll-your-own
 tobacco  containing  less than six-tenths of an ounce of tobacco; or (c)
 any package or other container of cigarette  wrapping  papers,  wrapping
 leaves or tubes, that are or are held out to be suitable for use or used
 as  devices  to  wrap  tobacco for smoking, containing fewer than twenty
 sheets, leaves or tubes.
   § 3. Subdivision 2 of section 1399-ll of the  public  health  law,  as
 added by chapter 262 of the laws of 2000, is amended to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01661-01-9

 S. 3905                             2
 
   2. It shall be unlawful for any common or contract carrier to knowing-
 ly  transport cigarettes to any person in this state reasonably believed
 by such carrier to be other than a person described  in  paragraph  (a),
 (b)  or  (c)  of  subdivision  one  of this section. For purposes of the
 preceding  sentence,  if  cigarettes  are transported to a home or resi-
 dence, it shall be presumed that the common  or  contract  carrier  knew
 that such person was not a person described in paragraph (a), (b) or (c)
 of  subdivision  one of this section. It shall be unlawful for any other
 person to knowingly transport cigarettes to any person  in  this  state,
 other  than to a person described in paragraph (a), (b) or (c) of subdi-
 vision one of  this  section.  Nothing  in  this  subdivision  shall  be
 construed  to  prohibit a person other than a common or contract carrier
 from transporting not more than eight hundred cigarettes OR  TWENTY-FOUR
 ELECTRONIC CIGARETTES at any one time to any person in this state.
   § 4. This act shall take effect immediately.

co-Sponsors

2019-S3905A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §§1399-aa, 1399-hh, 1399-jj & 1399-kk, Pub Health L

2019-S3905A (ACTIVE) - Summary

Includes electronic cigarettes in the regulation of tobacco products; relates to the distribution and transportation of such products.

2019-S3905A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3905A

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to including elec-
tronic cigarettes in the regulation of tobacco products

 
PURPOSE:

To regulate electronic cigarettes in the same way as tobacco products to
prevent access to products by persons younger than 21 years.

 
SUMMARY OF PROVISIONS:

Section one amends § 1399-hh of the Public Health Law, to include elec-
tronic cigarettes as a part of the enforcement provisions of law allow-
ing funds for tobacco enforcement programs to also be used for the
purposes of regulating electronic cigarettes.

Section two amends § 1399-jj of the Public Health Law, to include the

efforts of electronic cigarette use related programs and reports in the
state's internal and external outcome evaluation of the use and
prevention control program.

Section three amends § 1399-kk of the Public Health Law and requires
electronic cigarettes to be added to the annual and interim tobacco
control reports submitted to the Governor and Legislature.

Section four provides the effective date.

 
JUSTIFICATION:

Electronic cigarettes, or e-cigarettes, are electronic devices that
deliver vapor that is inhaled by the electronic cigarette smoker.
Because electronic cigarettes routinely contain nicotine, flavoring
including diacetyl, a chemical linked to a serious lung disease, other
cancer-causing chemicals, and heavy metals including nickel, tin, and
lead, health experts advise against the use of electronic cigarettes.

New York State law already includes electronic cigarettes in other
provisions of law, such as banning the sale to persons younger than
twenty-one, and parts of the Clean Indoor Air Act but electronic ciga-
rettes are omitted from others. This will ensure that electronic ciga-
rettes are included, along with cigarettes and other tobacco products,
in several important laws that regulate these products.

Electronic cigarettes will now be included in the state-wide tobacco use
prevention and control program which supports community programs to
reduce tobacco use, particularly among youth. It would allow the health
and environmental impacts of electronic cigarettes to be evaluated by
the commissioner, which is especially important since there is little
information available on the health and environmental impacts of elec-
tronic cigarettes, and it will allow the tax revenue collected from the
sale of electronic cigarettes to be included in the annual tobacco
enforcement report.

A recent New York Times article described how electronic cigarettes are
routinely used at secondary schools and have become extremely popular
with youth. Therefore, it is critical that electronic cigarettes are
included in these important tobacco control measures.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
90 days after enactment.

2019-S3905A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3905--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2019
                                ___________
 
 Introduced  by  Sens.  RIVERA, PARKER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01661-06-9

 S. 3905--A                          2
 
 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
 [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.

 S. 3905--A                          3
 
   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-
 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;

 S. 3905--A                          4
 
   (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.

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Senate Bill S3905A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Jan 14, 2020 - Health Committee Vote

Health Committee Vote: Jan 14, 2020

Bill Amendments

co-Sponsors

2019-S3905 - Details

2019-S3905 - Summary

2019-S3905 - Sponsor Memo

2019-S3905 - Bill Text download pdf

co-Sponsors

2019-S3905A (ACTIVE) - Details

2019-S3905A (ACTIVE) - Summary

2019-S3905A (ACTIVE) - Sponsor Memo

2019-S3905A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3905A

Share this bill

Sponsored By

Gustavo Rivera

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

Kevin S. Parker

2019-S3905 - Details

2019-S3905 - Summary

2019-S3905 - Sponsor Memo

2019-S3905 - Bill Text download pdf

co-Sponsors

Jen Metzger

Kevin S. Parker

2019-S3905A (ACTIVE) - Details

2019-S3905A (ACTIVE) - Summary

2019-S3905A (ACTIVE) - Sponsor Memo

2019-S3905A (ACTIVE) - Bill Text download pdf

Comments