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A03514 Summary:

BILL NOA03514
 
SAME ASSAME AS S03045
 
SPONSORDinowitz
 
COSPNSRGottfried, Abinanti, Paulin, Montesano
 
MLTSPNSRMcDonough, Thiele
 
Amd §470, Tax L; amd §1399-aa, Pub Health L
 
Provides for the taxation of electronic cigarette cartridges as tobacco products.
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A03514 Actions:

BILL NOA03514
 
01/27/2021referred to ways and means
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A03514 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3514
 
SPONSOR: Dinowitz
  TITLE OF BILL: An act to amend the tax law and the public health law, in relation to providing for the taxation of electronic cigarette cartridges   PURPOSE: This legislation would include electronic cigarette cartridges as a tobacco product in the tax law, and would subsequently subject them to the appropriate taxes for such items.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends subdivision 2 of section 470 of the tax law, as amended by section 15 of part D of chapter 134 of the laws of 2010 by adding two new subdivisions that add the definition of an electronic cigarette or c-cigarette, as well as electronic cigarette cartridge or e-cigarette cartridge. Section 2 amends section 1399-aa of the public health law by adding a new subdivision 14, which adds the definition of an electronic cigarette cartridge or e-cigarette cartridge. Section 3 sets the effective date.   JUSTIFICATION: In recent years we have begun to address the litany of issues that have arrived with the rise in popularity of the electronic cigarette (e-ci- garette). Beginning with the ban on sales to minors, they are now banned from being used indoors in the City of New York, and legislation to do the same on a statewide level is being pursued. However, the issue of taxation has yet to be addressed and this legislation will do just that. Currently the Federal Food and Drug Administration (FDA) has yet to rule on how to regulate these products but many states and localities are moving ahead. New York will join Minnesota in classifying the cartridges that contain the nicotine and/or other chemicals that deliver the addic- tive drug that are found in cigarettes and other forms of tobacco products in a vaporized form. In December of 2010, the U.S. Court of Appeals for the D.C. Circuit issued a decision stating that e-cigarettes and other products "made or derived from tobacco" should be regulated as tobacco products and that the FDA can regulate them under the Tobacco Control. Act. On April 25, 2011 the FDA announced it would not appeal that ruling, and has since been working toward forming a strategy to regulate e-cigarettes under the Tobacco Control Act. Those in the business of selling e-cigarettes market them as a safe alternative to traditional forms of smoking, i.e. cigarettes, cigarillos and many other smoking related ways of inhaling nicotine. The truth is that to date, the FDA is unaware of what is in the majority of these devices; those they have tested have been found to contain not only nicotine but also detectable levels of known carcinogens and toxic chem- icals. The FDA also found that "quality control processes used to manu- facture these products are inconsistent or non-existent" Additionally, while they are often marketed as a smoking cessation tool 'or a safer alternative, there is growing concern amongst tobacco' control organiza- tions that there is little noticeable difference in appearance when using these devices. This could lead to young teens being potentially lured by the e-cigarettes and ultimately find themselves addicted to nicotine, which could very well lead to smoking cigarettes. Adding these products to Section 470 of the tax law will bring these products in line with other tobacco products; they will be regulated and taxed in the same fashion as other tobacco products. As the State continues to fight to lessen the smoking population as a public health measure, allowing an addictive drug like nicotine to be sold without tax is simply counter intuitive.   PRIOR LEGISLATIVE HISTORY: 2019-20- A.3503 - Referred to Ways and Means/S.876 - Referred to Inves- tigations and Government Operations 2017-18- A.1139 - Referred to Ways and Means/S.1089 - Referred to Inves- tigations and Government Operations 2015-16- A.296 - Referred to Ways and Means/S.722 - Referred to Investi- gations and Government Operations 2013-14 - A. 8594 - Held for Consideration in Ways and Means/S.6610 Referred to Investigations and Government Operations   FISCAL IMPLICATIONS: The State will receive significant new revenue by classifying these products as tobacco products; they will subsequently be taxed under existing law and new regulations promulgated by the Department of Taxa- tion and Finance as directed under this bill.   EFFECTIVE DATE: This act shall take effect on the 180th day after it shall have become a law; provided, however, that the Department of Taxation and Finance is authorized and directed to promulgate rules and regulations necessary for the implementation of this act on or before such date.
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