STATE OF NEW YORK
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3905--A
2019-2020 Regular Sessions
IN SENATE
February 21, 2019
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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:
1 Section 1. Section 1399-aa of the public health law is amended by
2 adding a new subdivision 14 to read as follows:
3 14. "Vapor products dealer" shall have the same meaning as in subdivi-
4 sion (b) of section eleven hundred eighty of the tax law.
5 § 2. Section 1399-hh of the public health law, as added by chapter 433
6 of the laws of 1997, is amended to read as follows:
7 § 1399-hh. Tobacco and electronic cigarette enforcement. The commis-
8 sioner shall develop, plan and implement a comprehensive program to
9 reduce the prevalence of tobacco and electronic cigarette use, partic-
10 ularly among persons less than [eighteen] twenty-one years of age. This
11 program shall include, but not be limited to, support for enforcement of
12 this article [thirteen-F of this chapter].
13 1. An enforcement officer, as defined in section thirteen hundred
14 ninety-nine-t of this chapter, may annually, on such dates as shall be
15 fixed by the commissioner, submit an application for such monies as are
16 made available for such purpose. Such application shall be in such form
17 as prescribed by the commissioner and shall include, but not be limited
18 to, plans regarding random spot checks, including the number and types
19 of compliance checks that will be conducted, and other activities to
20 determine compliance with this article. Each such plan shall include an
21 agreement to report to the commissioner: the names and addresses of
22 tobacco retailers and vendors and vapor products dealers determined to
23 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
1 tobacco retail outlets and vapor products dealers; and the names of
2 tobacco retailers and vendors and vapor products dealers who have paid
3 fines, or have been otherwise penalized, due to enforcement actions.
4 2. The commissioner shall distribute such monies as are made avail-
5 able for such purpose to enforcement officers and, in so doing, consider
6 the number of licensed vapor products dealers and retail locations
7 registered to sell tobacco products within the jurisdiction of the
8 enforcement officer and the level of proposed activities.
9 3. Monies made available to enforcement officers pursuant to this
10 section shall only be used for local tobacco and electronic cigarette
11 enforcement activities approved by the commissioner.
12 § 3. Section 1399-jj of the public health law, as amended by chapter 1
13 of the laws of 1999, is amended to read as follows:
14 § 1399-jj. Evaluation requirements. 1. The commissioner shall evaluate
15 the effectiveness of the efforts by state and local governments to
16 reduce the use of tobacco products and electronic cigarettes among
17 minors and adults. The principal measurements of effectiveness shall
18 include negative attitudes toward tobacco and electronic cigarette use
19 and reduction of tobacco and electronic cigarette use among the general
20 population, and given target populations.
21 2. The commissioner shall ensure that, to the extent practicable, the
22 most current research findings regarding mechanisms to reduce and change
23 attitudes toward tobacco and electronic cigarette use are used in tobac-
24 co and electronic cigarette education programs administered by the
25 department.
26 3. To diminish tobacco and electronic cigarette use among minors and
27 adults, the commissioner shall ensure that, to the extent practicable,
28 the following is achieved:
29 The department shall conduct an independent evaluation of the state-
30 wide tobacco use prevention and control program under section thirteen
31 hundred ninety-nine-ii of this article. The purpose of this evaluation
32 is to direct the most efficient allocation of state resources devoted to
33 tobacco and electronic cigarette education and cessation to accomplish
34 the maximum prevention and reduction of tobacco and electronic cigarette
35 use among minors and adults. Such evaluation shall be provided to the
36 governor, the majority leader of the senate and the speaker of the
37 assembly on or before September first, two thousand one, and annually on
38 or before such date thereafter. The comprehensive evaluation design
39 shall be guided by the following:
40 (a) sound evaluation principles including, to the extent feasible,
41 elements of controlled experimental methods;
42 (b) an evaluation of the comparative effectiveness of individual
43 program designs which shall be used in funding decisions and program
44 modifications; and
45 (c) an evaluation of other programs identified by state agencies,
46 local lead agencies, and federal agencies.
47 § 4. Section 1399-kk of the public health law, as added by chapter 433
48 of the laws of 1997, is amended to read as follows:
49 § 1399-kk. Annual tobacco and e-cigarette enforcement reporting. The
50 commissioner shall submit to the governor and the legislature an interim
51 tobacco control report and annual tobacco control reports which shall
52 describe the extent of the use of tobacco products and e-cigarettes by
53 [minors] those under the age of twenty-one in the state and document the
54 progress state and local governments have made in reducing such use
55 among [minors] those under the age of twenty-one.
S. 3905--A 3
1 1. The interim tobacco and e-cigarette control report. The commission-
2 er shall submit to the governor and the legislature an interim tobacco
3 and e-cigarette control report on or before September first, nineteen
4 hundred ninety-eight. Such interim report shall, to the extent practica-
5 ble, include the following information on a county by county basis:
6 (a) number of licensed and registered tobacco retailers and vendors
7 and licensed vapor products dealers;
8 (b) the names and addresses of retailers and vendors who have paid
9 fines, or have been otherwise penalized, due to enforcement actions;
10 (c) the number of complaints filed against licensed and registered
11 tobacco retailers and licensed vapor products dealers;
12 (d) the number of fires caused or believed to be caused by tobacco
13 products and e-cigarettes and deaths and injuries resulting therefrom;
14 (e) the number and type of compliance checks conducted; and
15 (f) such other information as the commissioner deems appropriate.
16 2. The commissioner shall submit to the governor and the legislature
17 an annual tobacco and e-cigarette control report which shall describe
18 the extent of the use of tobacco products and e-cigarettes by [minors]
19 those under the age of twenty-one in the state and document the progress
20 state and local governments have made in reducing such use among
21 [minors] those under the age of twenty-one. The annual report shall be
22 submitted to the governor and the legislature on or before March thir-
23 ty-first of each year beginning on March thirty-first, nineteen hundred
24 ninety-nine. The annual report shall, to the extent practicable,
25 include the following information on a county by county basis:
26 (a) number of licensed and registered tobacco retailers and vendors
27 and licensed vapor products dealers;
28 (b) the names and addresses of retailers and vendors who have paid
29 fines, or have been otherwise penalized, due to enforcement actions;
30 (c) the number of complaints filed against licensed and registered
31 tobacco retailers and licensed vapor products dealers;
32 (d) the number of fires caused or believed to be caused by tobacco
33 products and e-cigarettes and deaths and injuries resulting therefrom;
34 (e) the number and type of compliance checks conducted;
35 (f) a survey of attitudes and behaviors regarding tobacco use among
36 [minors] those under the age of twenty-one. The initial such survey
37 shall be deemed to constitute the baseline survey;
38 (g) the number of tobacco and e-cigarette users and estimated trends
39 in tobacco and e-cigarette use among [minors] those under the age of
40 twenty-one;
41 (h) annual tobacco and e-cigarette sales;
42 (i) tax revenue collected from the sale of tobacco products and e-ci-
43 garettes;
44 (j) the number of licensed tobacco retail outlets and licensed vapor
45 products dealers;
46 (k) the number of cigarette vending machines;
47 (l) the number and type of compliance checks;
48 (m) the names of entities that have paid fines due to enforcement
49 actions; and
50 (n) the number of complaints filed against licensed tobacco retail
51 outlets and licensed vapor products dealers.
52 The annual tobacco and e-cigarette control report shall, to the extent
53 practicable, include the following information: (a) tobacco and e-cigar-
54 ette control efforts sponsored by state government agencies including
55 money spent to educate [minors] those under the age of twenty-one on the
56 hazards of tobacco and e-cigarette use;
S. 3905--A 4
1 (b) recommendations for improving tobacco and e-cigarette control
2 efforts in the state; and
3 (c) such other information as the commissioner deems appropriate.
4 § 5. This act shall take effect on the ninetieth day after it shall
5 have become a law.
