Bill Text: NY A00481 | 2019-2020 | General Assembly | Amended


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

Spectrum: Slight Partisan Bill (Democrat 17-6)

Status: (Engrossed) 2019-06-18 - RETURNED TO ASSEMBLY [A00481 Detail]

Download: New_York-2019-A00481-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         481--A
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  M.  of  A.  L. ROSENTHAL, ZEBROWSKI, BUTTENSCHON, SIMON,
          JACOBSON, SEAWRIGHT, SAYEGH, FAHY, JAFFEE, D'URSO, SMULLEN, GOTTFRIED,
          TAYLOR,  RODRIGUEZ,  GALEF,  GRIFFIN,  ARROYO,  WALCZYK,  LAWRENCE  --
          Multi-Sponsored  by -- M. of A. DeSTEFANO, M. L. MILLER, WALSH -- read
          once and referred 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:
     1    Section 1. Section 1399-ii of the public health law, as added by chap-
     2  ter 1 of the laws of 1999, is amended to read as follows:
     3    § 1399-ii. Tobacco use prevention and control program. 1.  To  improve
     4  the  health,  quality  of  life, and economic well-being of all New York
     5  state citizens, there is hereby  established  within  the  department  a
     6  comprehensive statewide tobacco use prevention and control program.
     7    2.  The  department  shall  support tobacco use prevention and control
     8  activities including, but not limited to:
     9    (a) Community programs to prevent and reduce tobacco use through local
    10  involvement and partnerships;
    11    (b) School-based programs to prevent and reduce tobacco use and use of
    12  electronic cigarettes;
    13    (c) Marketing and advertising to discourage tobacco and  liquid  nico-
    14  tine use;
    15    (d) Tobacco cessation programs for youth and adults;
    16    (e)  Special  projects to reduce the disparities in smoking prevalence
    17  among various populations;
    18    (f) Restriction of youth access to tobacco products, electronic  ciga-
    19  rettes and liquid nicotine;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02157-03-9

        A. 481--A                           2
     1    (g) Surveillance of smoking rates; and
     2    (h)  Any  other activities determined by the commissioner to be neces-
     3  sary to implement the provisions of this section.
     4    Such programs shall be selected by the commissioner through an  appli-
     5  cation process which takes into account whether a program utilizes meth-
     6  ods recognized as effective in reducing smoking and tobacco use.  Eligi-
     7  ble  applicants  may  include,  but  not  be  limited  to, a health care
     8  provider, schools, a  college  or  university,  a  local  public  health
     9  department,  a public health organization, a health care provider organ-
    10  ization, association or society, municipal  corporation,  or  a  profes-
    11  sional education organization.
    12    3. (a) There shall be established a tobacco use prevention and control
    13  advisory  board to advise the commissioner on tobacco use prevention and
    14  control issues and electronic cigarette and liquid nicotine use  amongst
    15  minors,  including  methods  to  prevent  and  reduce tobacco use in the
    16  state.
    17    (b) The  board  shall  consist  of  seventeen  members  who  shall  be
    18  appointed as follows: nine members by the governor; three members by the
    19  speaker of the assembly; three members by the temporary president of the
    20  senate  and  one  member  each  by the minority leader of the senate and
    21  minority leader of the assembly. Any vacancy or  subsequent  appointment
    22  shall  be filled in the same manner and by the same appointing authority
    23  as the original appointment. The  chairperson  of  the  board  shall  be
    24  designated by the governor from among the members of the board.
    25    (c)  The  members shall serve for terms of two years commencing on the
    26  effective date of this section. Members of the board  shall  receive  no
    27  compensation  but  shall  be  reimbursed for reasonable travel and other
    28  expenses incurred in the performance of their duties hereunder.
    29    (d) The board shall meet as often as it deems necessary, but  no  less
    30  than  four  times a year. No nominee to the board shall have any past or
    31  current affiliation with the tobacco industry or any industry,  contrac-
    32  tor,  agent,  or organization that engages in the manufacturing, market-
    33  ing, distributing, or sale of  tobacco  products.  The  board  shall  be
    34  appointed  in  full  within  ninety  days  of the effective date of this
    35  section.
    36    (e) The department shall prepare and submit to the  board  a  spending
    37  plan  for  the  tobacco  use  prevention  and control program authorized
    38  pursuant to the provisions of subdivision one of this section  no  later
    39  than thirty days after the submission of the budget to the legislature.
    40    § 2. This act shall take effect immediately.
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