BILL NUMBER: S1915
SPONSOR: RIVERA
 
TITLE OF BILL:
An act to amend the public health law and the tax law, in relation to
amending certain definitions relating to tobacco products; and to amend
the public health law and the tax law, in relation to changing the mini-
mum pack sizes for tobacco products and the tax amount for tobacco
products
 
PURPOSE::
To ensure that the state's definitions of all tobacco products extend to
new smokeless tobacco products and remain comprehensive so that such
products may also fully comply with state tobacco product tax laws.
 
SUMMARY OF PROVISIONS::
Section 1 amends subdivision 5 of section 1399-aa of Public Health Law
under Article 13-f of the Regulation of Tobacco Products, Herbal Ciga-
rettes, and Smoking Paraphernalia; Distribution to Minors, to expand the
state definition of "tobacco products" to include all new and novel
smokeless tobacco products. This section amends the definition of
"cigarette" to make all definitions comprehensive to fully comply with
all state tobacco product laws.
Section 2 amends subdivisions 1, 2, and 2-a of section 470 of the Tax
Law, as it relates to the tax on cigarettes and tobacco products to
amend the definitions of "cigarette" and "tobacco products," and adds
two new subdivisions, 2-c and 2-d, to include a definition for "Single-
unit tobacco products" and "moist snuff."
Section 3 amends subdivision 2 of section 1399-gg of the Public Health
Law to set minimum pack sizes for all tobacco products.
Section 4 amends subdivision 1 of section 471-b of Tax Law, as it
relates to the imposition of tobacco products tax, to increase the tax
rate on tobacco products from 75% to 95% of the wholesale price or the
minimum rate indicated within the section, whichever is higher.
Section 5 sets an effective date.
 
JUSTIFICATION::
New York collects more than $2 billion in tobacco taxes and related
revenue annually. Still, the state has consistently cut the funding
allocated to the comprehensive, evidence-based Tobacco Control Program.
These cuts affect hard-hitting ads, effective cessation and prevention
services, smoke-free air laws to protect all New Yorkers from toxic
secondhand smoke, and aggressive attacks on point-of-sale marketing in
bodegas and elsewhere in our community.
According to the most recent report published by the New York State
Department of Health, smoking costs over 80 lives each day in New York
State. Healthcare costs amount to $8.1 billion annually, including more
than $2 billion attributed to Medicaid alone. Lost wages and productiv-
ity linked to smoking are at $6.05 billion annually. This bill aims to
strengthen the state's tobacco cessation efforts by raising vital reven-
ue and addressing the harmful advertising targeted to the most vulner-
able group of New Yorkers, our children, to which smokeless tobacco is
marketed to.
 
LEGISLATIVE HISTORY::
2013-2014: S4365/A7106 Gottfried
2015-2016: S702/A2221 Gottfried
2017-2018: S157/No Same-As
2019-2020: S468/No Same-As
2021-2022: S1167-A Rivera/A10016 Rosenthal L
2023-2024: S3448 Rivera/A2172 Rosenthal L
 
FISCAL IMPLICATIONS::
To be determined.
 
EFFECTIVE DATE::
Effective immediately.