NY State Senate Bill 2013-S5462B

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 24, 2014	print number 5462b
Jan 24, 2014	amend and recommit to investigations and government operations
Jan 08, 2014	referred to investigations and government operations
Oct 09, 2013	print number 5462a
Oct 09, 2013	amend and recommit to investigations and government operations
May 16, 2013	referred to investigations and government operations

Bill Amendments

Original

B (Active)

co-Sponsors

2013-S5462 - Details

See Assembly Version of this Bill:: A7426
Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §482, Tax L; add §86, St Fin L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S2971, A5987
2017-2018: S3837, A6074
2019-2020: A6436

2013-S5462 - Summary

Allocates certain tax revenue to the tobacco use prevention and control program fund for programs to help smokers quit and to keep children from smoking.

2013-S5462 - Sponsor Memo

                                BILL NUMBER:S5462

TITLE OF BILL:  An act to amend the tax law and the state finance law,
in relation to allocating certain revenue to the tobacco use
prevention and control program fund for programs to help smokers quit
and to keep children from smoking

PURPOSE:

The purpose of this bill is to reduce the number of peoplei:vho smoke
in New York State by allocating funding levels for the Tobacco Use
Prevention and Control Program that are recommended by the Centers for
Disease Control and Prevention (CDC).

SUMMARY OF PROVISIONS:

Section 1 of the bill provides a Legislative Intent.

Section 2 of the bill amends Section 482 of the Tax Law to require
that a portion of tobacco taxes collected or received by the
Commissioner of Taxation pursuant to Article 20 of the Tax Law must be
credited to and deposited in a new Tobacco Use Prevention and Control
Fund over a ten period with funding levels meeting the CDC
recommendations that are In place in 2024, Allocations to the fund
would be made in accordance with the following schedule:

Effective on and after April 1, 2014, $45 million;
Effective from April 1, 2015 to April 1, 2024, an increase that is no
less than 5% annually;
Effective April 1, 2024, no less than the amount recommended by the
CDC on such date.

Section 3 adds a new Section 86 to the State Finance Law to establish
the Tobacco Use Prevention and Control Fund. The bill requires that
all funds received by the Fund must be expended through an
appropriation only for the purposes of implementing the Tobacco Use
Prevention and Control Program in accordance with Section 1399-ii of
the Public Health Law.

JUSTIFICATION:

The New York Tobacco Use Prevention and Control Program has been
proven effective in reducing the number of women and men who smoke and
the number of children taking up this deadly addiction. The program is
independently reviewed and those reviews have concluded that the
program is responsible for significant public health improvements.
However, the review has most recently identified the program's single
biggest weakness - dwindling state support.

Since 2007 state funding for the program has been cut in half, to
$39.3 million. Since that time, New York has dropped from 5th to 21st
among states' per capita spending on tobacco control. The CDC
recommends that New York spend $254 million annually on the Tobacco
Use Prevention and Control Program. This past summer, an independent
evaluator of the program recommended that funds for the program be
increased to $85 million, with subsequent steps to meet the CDC
standard.


The State collects over $2 billion annually in tobacco tax revenues,
but spends only 16% of the CDC recommended amount on tobacco control
support. This inadequate funding level for the program stands in stark
contrast to promises made in 1988 by public officials to invest state
dollars earned from the Tobacco Master Settlement Agreement in tobacco
control programs. In fact, the State Attorney General at that time
stated that: "As a result, millions of children who are not yet
smokers will be sparred horrific diseases and suffering, and millions
of current smokers will get a real chance to quit and reclaim their
good health."

In addition, the Tobacco Master Settlement Agreement states that its'
purpose is to "achieve for the Settling States and their citizens
significant funding for the advancement of public health" and "the
implementation of important tobacco-related public health measures."

This bill allocates a small portion of tobacco tax revenues over a 10
year period to the Tobacco Use Prevention and Control program to bring
funding levels in fine with the recommendations of the CDC by 2024.
Funding levels will increase from the current $39.3 million in 2014 to
the amount recommended by the CDC in 2024.

This investment will save money and lives. In 2009, 25,400 lives were
prematurely lost due to tobacco use. Tobacco costs New Yorkers an
estimated $8.17 billion annually in health care costs, Including $5.47
billion In Medicaid costs, about half of which is absorbed by state
taxpayers. Upstate New York has seen It own share of serious health
problems, particularly affecting those of limited income who have not
experienced reductions in smoking rates over the past 10 years.
According to a recent report by the American Cancer Society, upstate
New York, which has exceptionally high smoking rates, has a much
higher lung cancer rate than downstate New York and is higher than the
national average.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

This bill will save the State money. Tobacco costs New Yorkers an
estimated $8.17 billion In health care costs, Including $2.7 billion
In Medicaid costs as a result of smoking.

EFFECTIVE DATE:

April 1, 2014

2013-S5462 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5462

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the tax law and the state finance law,  in  relation  to
  allocating  certain  revenue to the tobacco use prevention and control
  program fund for programs to help smokers quit and  to  keep  children
  from smoking

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Statement of  legislative  intent.  The  legislature  finds
that:
  New  York  state  has  raised  over  twelve billion dollars in tobacco
revenues over the past seven years, yet only three and one-half  percent
of  these revenues have been spent on the state's Tobacco Use Prevention
and Control Program.
  In the year 2013, New York state will spend on  tobacco  control  only
sixteen  percent  of  the  amount recommended by the Centers for Disease
Control and Prevention.  New York state was once  a  leader  in  tobacco
control  support  spending,  but  now  ranks  twenty-first in the United
States.
  From the years 2007-2013, funding for the New York State  Tobacco  Use
Prevention  and  Control  Program was cut by more than half. This inade-
quate funding level for the program stands in contrast to promises  made
in  1998  by  public  officials  to invest state dollars earned from the
Tobacco Master Settlement Agreement in tobacco control programs.
  The Tobacco Master Settlement Agreement states that its purpose is  to
"achieve  for the Settling States and their citizens significant funding
for the advancement of public health" and "the implementation of  impor-
tant tobacco-related public health measures."
  When  more  adequately  funded,  the  State Tobacco Use Prevention and
Control Program achieved successes in the effort to  curb  tobacco  use.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10963-01-3

S. 5462                             2

Teenage  and adult tobacco use rates had fallen faster in New York state
than in the United States as a whole.
  Limited  funding prevents the State Tobacco Use Prevention and Control
Program from reaching the most vulnerable populations with  the  highest
rates  of smoking, individuals with limited income. A recent analysis by
the American Cancer Society of New York and New Jersey found  that  lung
cancer rates in upstate New York are higher than the national average.
  Tobacco use takes a terrible toll on New York. In the year 2009, twen-
ty-five thousand four hundred lives were prematurely lost due to tobacco
use,  with  an  estimated  nine thousand six hundred ten of those deaths
resulting from cancer. Tobacco costs  New  Yorkers  over  eight  billion
dollars in health care costs, including nearly two billion seven hundred
thousand dollars in Medicaid expenditures.
  The  legislature therefore declares that New York state should fulfill
the promise made by state policy makers at the time of the State Tobacco
Master Settlement Agreement to use tobacco revenues for programs to help
smokers quit and to keep children from smoking. The legislature  further
declares that funding for the Tobacco Use Prevention and Control Program
should  be  incrementally increased on an annual basis over the next ten
years to reach the level recommended by the United  States  Centers  for
Disease Control and Prevention that would be current by the year 2024.
  S  2. Section 482 of the tax law, as amended by section 2 of part T of
chapter 61 of the laws of 2011, is amended to read as follows:
  S 482. Deposit and disposition of revenue. (a) All taxes, fees, inter-
est and penalties collected or received by the commissioner  under  this
article  and  article  twenty-A  of  this chapter shall be deposited and
disposed of pursuant to the provisions of section one  hundred  seventy-
one-a  of  this  chapter,  AS ADDED BY CHAPTER SIXTY-NINE OF THE LAWS OF
NINETEEN HUNDRED SEVENTY-EIGHT, AS AMENDED.  (b) From the taxes,  inter-
est  and  penalties  collected  or  received  by  the commissioner under
sections four hundred seventy-one and four hundred seventy-one-a of this
article, effective on and after March first,  two  thousand,  forty-nine
and  fifty-five  hundredths,  and effective on and after February first,
two thousand two, forty-three and seventy hundredths; and  effective  on
and  after  May  first,  two  thousand  two,  sixty-four  and fifty-five
hundredths; and effective on and after April first, two thousand  three,
sixty-one  and twenty-two hundredths percent; and effective on and after
June third, two  thousand  eight,  seventy  and  sixty-three  hundredths
percent; and effective on and after July first, two thousand ten, seven-
ty-six percent collected or received under those sections must be depos-
ited to the credit of the tobacco control and insurance initiatives pool
to  be  established  and  distributed  by  the commissioner of health in
accordance with section  twenty-eight  hundred  seven-v  of  the  public
health  law.    NOTWITHSTANDING  THE  PROVISIONS  OF SECTION ONE HUNDRED
SEVENTY-ONE-A OF THIS CHAPTER, AS ADDED BY  CHAPTER  SIXTY-NINE  OF  THE
LAWS  OF  NINETEEN  HUNDRED  SEVENTY-EIGHT,  AS  AMENDED, FROM THE TAXES
COLLECTED OR RECEIVED BY THE  COMMISSIONER  PURSUANT  TO  THIS  ARTICLE,
EFFECTIVE  ON  AND  AFTER APRIL FIRST, TWO THOUSAND FOURTEEN, FORTY-FIVE
MILLION DOLLARS AND, EFFECTIVE FROM APRIL FIRST,  TWO  THOUSAND  FIFTEEN
UNTIL  APRIL FIRST, TWO THOUSAND TWENTY-FOUR AT LEAST FIVE PERCENT SHALL
ANNUALLY BE ADDITIONALLY CREDITED TO AND DEPOSITED IN  THE  TOBACCO  USE
PREVENTION  AND  CONTROL  PROGRAM  FUND  ESTABLISHED PURSUANT TO SECTION
EIGHTY-SIX OF THE STATE FINANCE LAW, PROVIDED  HOWEVER,  THAT  EFFECTIVE
APRIL  FIRST,  TWO THOUSAND TWENTY-FOUR THE TOTAL AMOUNT CREDITED TO AND
DEPOSITED IN THE TOBACCO USE PREVENTION AND CONTROL PROGRAM FUND  ESTAB-
LISHED PURSUANT TO SECTION EIGHTY-SIX OF THE STATE FINANCE LAW SHALL NOT

S. 5462                             3

BE  LESS  THAN  THE  AMOUNT RECOMMENDED BY THE UNITED STATES CENTERS FOR
DISEASE CONTROL AND PREVENTION ON SUCH DATE.
  S  3.  The  state finance law is amended by adding a new section 86 to
read as follows:
  S 86. TOBACCO USE PREVENTION AND CONTROL PROGRAM  FUND.  1.  THERE  IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER  OF  TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
"TOBACCO USE PREVENTION AND CONTROL PROGRAM FUND".
  2. THE TOBACCO USE PREVENTION AND CONTROL PROGRAM FUND  SHALL  CONSIST
OF  MONEYS  APPROPRIATED  THERETO,  AND FUNDS TRANSFERRED FROM ANY OTHER
FUND OR SOURCES INCLUDING TAX REVENUE REQUIRED TO BE  DEPOSITED  THEREIN
PURSUANT TO SECTION FOUR HUNDRED EIGHTY-TWO OF THE TAX LAW.
  3.  THE  MONEYS  RECEIVED  BY  SUCH FUND SHALL BE EXPENDED PURSUANT TO
APPROPRIATION ONLY FOR THE PURPOSES  OF  IMPLEMENTING  THE  TOBACCO  USE
PREVENTION  AND  CONTROL  PROGRAM  PURSUANT  TO SECTION THIRTEEN HUNDRED
NINETY-NINE-II OF THE PUBLIC HEALTH LAW.
  S 4. This act shall take effect April 1, 2014. Effective  immediately,
the  addition,  amendment and/or repeal of any rule or regulation neces-
sary for the implementation of  this  act  on  its  effective  date  are
authorized to be made and completed on or before such effective date.

co-Sponsors

2013-S5462A - Details

See Assembly Version of this Bill:: A7426
Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §482, Tax L; add §86, St Fin L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S2971, A5987
2017-2018: S3837, A6074
2019-2020: A6436

2013-S5462A - Summary

Allocates certain tax revenue to the tobacco use prevention and control program fund for programs to help smokers quit and to keep children from smoking.

2013-S5462A - Sponsor Memo

                                BILL NUMBER:S5462A

TITLE OF BILL:  An act to amend the tax law and the state finance law,
in relation to allocating certain revenue to the tobacco use
prevention and control program fund for programs to help smokers quit
and to keep children from smoking

PURPOSE:

The purpose of this bill is to reduce the number of people who smoke
in New York State by allocating funding levels for the Tobacco Use
Prevention and Control Program that are recommended by the Centers for
Disease Control and Prevention (CDC).

SUMMARY OF PROVISIONS:

Section 1 of the bill provides a Legislative Intent.

Section 2 of the bill amends Section 482 of the Tax Law to require
that a portion of tobacco taxes collected or received by the
Commissioner of Taxation pursuant to Article 20 of the Tax Law must be
credited to and deposited in a new Tobacco Use Prevention and Control
Fund over a ten period with funding levels meeting the CDC
recommendations that are in place in 2024. Allocations to the fund
would be made in accordance with the following schedule:

Effective on and after April 1, 2015, $45 million;

Effective from April 1, 2016 to April 1, 2025, an increase that is no
less than 5% annually;

Effective April 1, 2025, no less than the amount recommended by the
CDC on such date.

Section 3 adds a new Section 86 to the State Finance Law to establish
the Tobacco Use Prevention and Control Fund. The bill requires that
all funds received by the Fund must be expended through an
appropriation only for the purposes of implementing the Tobacco Use
Prevention and Control Program in accordance with Section 1399-ii of
the Public Health Law.

JUSTIFICATION:

The New York Tobacco Use Prevention and Control Program has been
proven effective in reducing the number of women and men who smoke and
the number of children taking up this deadly addiction. The program is
independently reviewed and those reviews have concluded that the
program is responsible for significant public health improvements.
However, the review has most recently identified the program's single
biggest weakness - dwindling state support.

Since 2007 state funding for the program has been cut in half, to
$39.3 million. Since that time, New York has dropped from 5th to 21st
among states' per capita spending on tobacco control. The CDC
recommends that New York spend $254 million annually on the Tobacco
Use Prevention and Control Program. This past summer, an independent
evaluator of the program recommended that funds for the program be


increased to $85 million, with subsequent steps to meet the CDC
standard.

The State collects over $2 billion annually in tobacco tax revenues,
but spends only 16% of the CDC recommended amount on tobacco control
support. This inadequate funding level for the program stands in stark
contrast to promises made in 1988 by public officials to invest state
dollars earned from the Tobacco Master Settlement Agreement in tobacco
control programs. In fact, the State Attorney General at that time
stated that: "As a result, millions of children who are not yet
smokers will be sparred horrific diseases and suffering, and millions
of current smokers will get a real chance to quit and reclaim their
good health."

In addition, the Tobacco Master Settlement Agreement states that its'
purpose is to "achieve for the Settling States and their citizens
significant funding for the advancement of public health" and "the
implementation of important tobacco-related public health measures."
This bill allocates a small portion of tobacco tax revenues over a 10
year period to the Tobacco Use Prevention and Control program to bring
funding levels in fine with the recommendations of the CDC by 2024.
Funding levels will increase from the current $39.3 million in 2014 to
the amount recommended by the CDC in 2024.

This investment will save money and lives. In 2009, 25,400 lives were
prematurely lost due to tobacco use. Tobacco costs New Yorkers an
estimated $8.17 billion annually in health care costs, Including $5.47
billion In Medicaid costs, about half of which is absorbed by state
taxpayers. Upstate New York has seen It own share of serious health
problems, particularly affecting those of limited income who have not
experienced reductions in smoking rates over the past 10 years.
According to a recent report by the American Cancer Society, upstate
New York, which has exceptionally high smoking rates, has a much
higher lung cancer rate than downstate New York and is higher than the
national average.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

This bill will save the State money. Tobacco costs New Yorkers an
estimated $8.17 billion In health care costs, Including $2.7 billion
In Medicaid costs as a result of smoking.

EFFECTIVE DATE: April 1, 2015

2013-S5462A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5462--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced by Sens. GRISANTI, KENNEDY -- read twice and ordered printed,
  and  when  printed  to be committed to the Committee on Investigations
  and Government  Operations  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend the tax law and the state finance law, in relation to
  allocating certain revenue to the tobacco use prevention  and  control
  program  fund  for  programs to help smokers quit and to keep children
  from smoking

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Statement  of  legislative  intent. The legislature finds
that:
  New York state has raised  over  twelve  billion  dollars  in  tobacco
revenues  over the past seven years, yet only three and one-half percent
of these revenues have been spent on the state's Tobacco Use  Prevention
and Control Program.
  In the year 2013, New York state spent on tobacco control only sixteen
percent of the amount recommended by the Centers for Disease Control and
Prevention.  New York state was once a leader in tobacco control support
spending, but now ranks twenty-first in the United States.
  From  the  years 2007-2013, funding for the New York State Tobacco Use
Prevention and Control Program was cut by more than  half.  This  inade-
quate  funding level for the program stands in contrast to promises made
in 1998 by public officials to invest  state  dollars  earned  from  the
Tobacco Master Settlement Agreement in tobacco control programs.
  The  Tobacco Master Settlement Agreement states that its purpose is to
"achieve for the Settling States and their citizens significant  funding
for  the advancement of public health" and "the implementation of impor-
tant tobacco-related public health measures."
  When more adequately funded, the  State  Tobacco  Use  Prevention  and
Control  Program  achieved  successes in the effort to curb tobacco use.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10963-06-3

S. 5462--A                          2

Teenage and adult tobacco use rates had fallen faster in New York  state
than in the United States as a whole.
  Limited  funding prevents the State Tobacco Use Prevention and Control
Program from reaching the most vulnerable populations with  the  highest
rates  of smoking, individuals with limited income. A recent analysis by
the American Cancer Society of New York and New Jersey found  that  lung
cancer rates in upstate New York are higher than the national average.
  Tobacco use takes a terrible toll on New York. In the year 2009, twen-
ty-five thousand four hundred lives were prematurely lost due to tobacco
use,  with  an  estimated  nine thousand six hundred ten of those deaths
resulting from cancer. Tobacco costs  New  Yorkers  over  eight  billion
dollars in health care costs, including nearly two billion seven hundred
thousand dollars in Medicaid expenditures.
  The  legislature therefore declares that New York state should fulfill
the promise made by state policy makers at the time of the State Tobacco
Master Settlement Agreement to use tobacco revenues for programs to help
smokers quit and to keep children from smoking. The legislature  further
declares that funding for the Tobacco Use Prevention and Control Program
should  be  incrementally increased on an annual basis over the next ten
years to reach the level recommended by the United  States  Centers  for
Disease Control and Prevention that would be current by the year 2024.
  S  2. Section 482 of the tax law, as amended by section 2 of part T of
chapter 61 of the laws of 2011, is amended to read as follows:
  S 482. Deposit and disposition of revenue. (a) All taxes, fees, inter-
est and penalties collected or received by the commissioner  under  this
article  and  article  twenty-A  of  this chapter shall be deposited and
disposed of pursuant to the provisions of section one  hundred  seventy-
one-a  of  this  chapter,  AS ADDED BY CHAPTER SIXTY-NINE OF THE LAWS OF
NINETEEN HUNDRED SEVENTY-EIGHT, AS AMENDED.  (b) From the taxes,  inter-
est  and  penalties  collected  or  received  by  the commissioner under
sections four hundred seventy-one and four hundred seventy-one-a of this
article, effective on and after March first,  two  thousand,  forty-nine
and  fifty-five  hundredths,  and effective on and after February first,
two thousand two, forty-three and seventy hundredths; and  effective  on
and  after  May  first,  two  thousand  two,  sixty-four  and fifty-five
hundredths; and effective on and after April first, two thousand  three,
sixty-one  and twenty-two hundredths percent; and effective on and after
June third, two  thousand  eight,  seventy  and  sixty-three  hundredths
percent; and effective on and after July first, two thousand ten, seven-
ty-six percent collected or received under those sections must be depos-
ited to the credit of the tobacco control and insurance initiatives pool
to  be  established  and  distributed  by  the commissioner of health in
accordance with section  twenty-eight  hundred  seven-v  of  the  public
health  law.    NOTWITHSTANDING  THE  PROVISIONS  OF SECTION ONE HUNDRED
SEVENTY-ONE-A OF THIS CHAPTER, AS ADDED BY  CHAPTER  SIXTY-NINE  OF  THE
LAWS  OF  NINETEEN  HUNDRED  SEVENTY-EIGHT,  AS  AMENDED, FROM THE TAXES
COLLECTED OR RECEIVED BY THE  COMMISSIONER  PURSUANT  TO  THIS  ARTICLE,
EFFECTIVE  ON  AND  AFTER  APRIL FIRST, TWO THOUSAND FIFTEEN, FORTY-FIVE
MILLION DOLLARS AND, EFFECTIVE FROM APRIL FIRST,  TWO  THOUSAND  SIXTEEN
UNTIL  APRIL FIRST, TWO THOUSAND TWENTY-FIVE AT LEAST FIVE PERCENT SHALL
ANNUALLY BE ADDITIONALLY CREDITED TO AND DEPOSITED IN  THE  TOBACCO  USE
PREVENTION  AND  CONTROL  PROGRAM  FUND  ESTABLISHED PURSUANT TO SECTION
EIGHTY-SIX OF THE STATE FINANCE LAW, PROVIDED  HOWEVER,  THAT  EFFECTIVE
APRIL  FIRST,  TWO THOUSAND TWENTY-FIVE THE TOTAL AMOUNT CREDITED TO AND
DEPOSITED IN THE TOBACCO USE PREVENTION AND CONTROL PROGRAM FUND  ESTAB-
LISHED PURSUANT TO SECTION EIGHTY-SIX OF THE STATE FINANCE LAW SHALL NOT

S. 5462--A                          3

BE  LESS  THAN  THE  AMOUNT RECOMMENDED BY THE UNITED STATES CENTERS FOR
DISEASE CONTROL AND PREVENTION ON SUCH DATE.
  S  3.  The  state finance law is amended by adding a new section 86 to
read as follows:
  S 86. TOBACCO USE PREVENTION AND CONTROL PROGRAM  FUND.  1.  THERE  IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER  OF  TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
"TOBACCO USE PREVENTION AND CONTROL PROGRAM FUND".
  2. THE TOBACCO USE PREVENTION AND CONTROL PROGRAM FUND  SHALL  CONSIST
OF  MONEYS  APPROPRIATED  THERETO,  AND FUNDS TRANSFERRED FROM ANY OTHER
FUND OR SOURCES INCLUDING TAX REVENUE REQUIRED TO BE  DEPOSITED  THEREIN
PURSUANT TO SECTION FOUR HUNDRED EIGHTY-TWO OF THE TAX LAW.
  3.  THE  MONEYS  RECEIVED  BY  SUCH FUND SHALL BE EXPENDED PURSUANT TO
APPROPRIATION ONLY FOR THE PURPOSES  OF  IMPLEMENTING  THE  TOBACCO  USE
PREVENTION  AND  CONTROL  PROGRAM  PURSUANT  TO SECTION THIRTEEN HUNDRED
NINETY-NINE-II OF THE PUBLIC HEALTH LAW.
  S 4. This act shall take effect April 1, 2015. Effective  immediately,
the  addition,  amendment and/or repeal of any rule or regulation neces-
sary for the implementation of  this  act  on  its  effective  date  are
authorized to be made and completed on or before such effective date.

co-Sponsors

2013-S5462B (ACTIVE) - Details

See Assembly Version of this Bill:: A7426
Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §482, Tax L; add §86, St Fin L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S2971, A5987
2017-2018: S3837, A6074
2019-2020: A6436

2013-S5462B (ACTIVE) - Summary

Allocates certain tax revenue to the tobacco use prevention and control program fund for programs to help smokers quit and to keep children from smoking.

2013-S5462B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5462B

TITLE OF BILL:  An act to amend the tax law and the state finance law,
in relation to allocating certain revenue to the tobacco use
prevention and control program fund for programs to help smokers quit
and to keep children from smoking

PURPOSE: The purpose of this bill is to reduce the number of people
who smoke in New York State by allocating funding levels for the
Tobacco Use Prevention and Control Program that are recommended by the
Centers for Disease Control and Prevention (CDC).

SUMMARY OF PROVISIONS: Section 1 of the bill provides a Legislative
Intent.

Section 2 of the bill amends Section 482 of the Tax Law to require
that a portion of tobacco taxes collected or received by the
Commissioner of Taxation pursuant to Article 20 of the Tax Law must be
credited to and deposited in a new Tobacco Use Prevention and Control
Fund over a ten period with funding levels meeting the CDC
recommendations that are In place in 2024. Allocations to the fund
would be made in accordance with the following schedule:

* Effective on and after April 1, 2015, $52 million;

* Effective from April 1, 7015 to April 1, 2024, an increase that is

no less than 5% annually;

* Effective April 1, 2024, no less than the amount recommended by the
CDC on such date.

Section 3 adds a new Section 86 to the State Finance Law to establish
the Tobacco Use Prevention and Control Fund. The bill requires that
all funds received by the Fund must be expended through an
appropriation only for the purposes of implementing the Tobacco Use
Prevention and Control Program in accordance with Section 1399-ii of
the Public Health Law.

JUSTIFICATION: The New York Tobacco Use Prevention and Control Program
has been proven effective in reducing the number of women and men who
smoke and the number of children taking up this deadly addiction. The
program is independently reviewed and those reviews have concluded
that the program is responsible for significant public health
improvements. However, the review has most recently identified the
program's single biggest weakness - dwindling state support.

Since 2007 state funding for the program has been cut in half, to
$39.3 million. Since that time, New York has dropped from 5th to 21st
among states' per capita spending on tobacco control. The CDC
recommends that New York spend $254 million annually on the Tobacco
Use Prevention and Control Program. This past summer, an independent
evaluator of the program recommended that funds for the program be
increased to $85 million, with subsequent steps to meet the CDC
standard.

The State collects over $2 billion annually in tobacco tax revenues,
but spends only 16% of the CDC recommended amount on tobacco control


support. This inadequate funding level for the program stands in stark
contrast to promises made in 1988 by public officials to invest state
dollars earned from the Tobacco Master Settlement Agreement in tobacco
control programs. In fact, the State Attorney General at that time
stated that: "As a result, millions of children who are not yet
smokers will be sparred horrific diseases and suffering, and millions
of current smokers will get a real chance to quit and reclaim their
good health."

In addition, the Tobacco Master Settlement Agreement states that it'
purpose is to "achieve for the Settling States and their citizens
significant funding for the advancement of public health" and "the
implementation of important tobacco-related public health measures."
This bill allocates a small portion of tobacco tax revenues over a 10
year period to the Tobacco Use Prevention and Control program to bring
funding levels in line with the recommendations of the CDC by 2024.
Funding levels will increase from the current $39.3 million in 2014 to
the amount recommended by the CDC in 2024.

This investment will save money and lives. In 2009, 25,400 lives were
prematurely lost due to tobacco use. Tobacco costs New Yorkers an
estimated $8.17 billion annually in health care costs, including $5.47
billion in Medicaid costs, about half of which is absorbed by state
taxpayers. Upstate New York has seen it own share of serious health
problems, particularly affecting those of limited income who have not
experienced reductions in smoking rates over the past 10 years.
According to a recent report by the American Cancer Society, upstate
New York, which has exceptionally high smoking rates, has a much
higher lung cancer rate than downstate New York and is higher than the
national average.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: This bill will save the State money. Tobacco
costs New Yorkers an estimated 58.17 billion in health care costs,
including $2.7 billion in Medicaid costs as a result of smoking.

EFFECTIVE DATE: April 1, 2015

2013-S5462B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5462--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sens.  GRISANTI, KENNEDY, LATIMER, RITCHIE -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Investigations and Government Operations --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee --  recommitted  to  the  Committee  on  Investigations  and
  Government  Operations  in  accordance  with  Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend the tax law and the state finance law, in relation to
  allocating certain revenue to the tobacco use prevention  and  control
  program  fund  for  programs to help smokers quit and to keep children
  from smoking

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Statement  of  legislative  intent. The legislature finds
that:
  New York state has raised  over  twelve  billion  dollars  in  tobacco
revenues  over the past seven years, yet only three and one-half percent
of these revenues have been spent on the state's Tobacco Use  Prevention
and Control Program.
  In  the  year  2013,  New York state spent only sixteen percent of the
amount recommended by the Centers for Disease Control and Prevention  on
tobacco  control.    New York state was once a leader in tobacco control
support spending, but now ranks twenty-first in the United States.
  From the years 2007-2013, funding for the New York State  Tobacco  Use
Prevention  and  Control  Program was cut by more than half. This inade-
quate funding level for the program stands in contrast to promises  made
in  1998  by  public  officials  to invest state dollars earned from the
Tobacco Master Settlement Agreement in tobacco control programs.
  The Tobacco Master Settlement Agreement states that its purpose is  to
"achieve  for the Settling States and their citizens significant funding

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10963-11-4

S. 5462--B                          2

for the advancement of public health" and "the implementation of  impor-
tant tobacco-related public health measures."
  When  more  adequately  funded,  the  State Tobacco Use Prevention and
Control Program achieved successes in the effort to  curb  tobacco  use.
Teenage  and adult tobacco use rates had fallen faster in New York state
than in the United States as a whole.
  Limited funding prevents the State Tobacco Use Prevention and  Control
Program  from  reaching the most vulnerable populations with the highest
rates of smoking, individuals with limited income. A recent analysis  by
the  American  Cancer Society of New York and New Jersey found that lung
cancer rates in upstate New York are higher than the national average.
  Tobacco use takes a terrible toll on New York. In the year 2009, twen-
ty-five thousand four hundred lives were prematurely lost due to tobacco
use, with an estimated nine thousand six hundred  ten  of  those  deaths
resulting  from  cancer.  Tobacco  costs  New Yorkers over eight billion
dollars in health care costs, including nearly two billion seven hundred
thousand dollars in Medicaid expenditures.
  The legislature therefore declares that New York state should  fulfill
the promise made by state policy makers at the time of the State Tobacco
Master Settlement Agreement to use tobacco revenues for programs to help
smokers  quit and to keep children from smoking. The legislature further
declares that funding for the Tobacco Use Prevention and Control Program
should be incrementally increased on an annual basis over the  next  ten
years  to  reach  the level recommended by the United States Centers for
Disease Control and Prevention that would be current by the year 2024.
  S 2. Section 482 of the tax law, as amended by section 2 of part T  of
chapter 61 of the laws of 2011, is amended to read as follows:
  S 482. Deposit and disposition of revenue. (a) All taxes, fees, inter-
est  and  penalties collected or received by the commissioner under this
article and article twenty-A of this  chapter  shall  be  deposited  and
disposed  of  pursuant to the provisions of section one hundred seventy-
one-a of this chapter, AS ADDED BY CHAPTER SIXTY-NINE  OF  THE  LAWS  OF
NINETEEN  HUNDRED SEVENTY-EIGHT, AS AMENDED.  (b) From the taxes, inter-
est and penalties  collected  or  received  by  the  commissioner  under
sections four hundred seventy-one and four hundred seventy-one-a of this
article,  effective  on  and after March first, two thousand, forty-nine
and fifty-five hundredths, and effective on and  after  February  first,
two  thousand  two, forty-three and seventy hundredths; and effective on
and after  May  first,  two  thousand  two,  sixty-four  and  fifty-five
hundredths;  and effective on and after April first, two thousand three,
sixty-one and twenty-two hundredths percent; and effective on and  after
June  third,  two  thousand  eight,  seventy  and sixty-three hundredths
percent; and effective on and after July first, two thousand ten, seven-
ty-six percent collected or received under those sections must be depos-
ited to the credit of the tobacco control and insurance initiatives pool
to be established and distributed  by  the  commissioner  of  health  in
accordance  with  section  twenty-eight  hundred  seven-v  of the public
health law.   NOTWITHSTANDING THE  PROVISIONS  OF  SECTION  ONE  HUNDRED
SEVENTY-ONE-A  OF  THIS  CHAPTER,  AS ADDED BY CHAPTER SIXTY-NINE OF THE
LAWS OF NINETEEN HUNDRED  SEVENTY-EIGHT,  AS  AMENDED,  FROM  THE  TAXES
COLLECTED  OR  RECEIVED  BY  THE  COMMISSIONER PURSUANT TO THIS ARTICLE,
EFFECTIVE ON AND AFTER APRIL  FIRST,  TWO  THOUSAND  FIFTEEN,  FIFTY-TWO
MILLION  DOLLARS  AND,  EFFECTIVE FROM APRIL FIRST, TWO THOUSAND SIXTEEN
UNTIL APRIL FIRST, TWO THOUSAND TWENTY-FIVE AT LEAST FIVE PERCENT  SHALL
ANNUALLY  BE  ADDITIONALLY  CREDITED TO AND DEPOSITED IN THE TOBACCO USE
PREVENTION AND CONTROL PROGRAM  FUND  ESTABLISHED  PURSUANT  TO  SECTION

S. 5462--B                          3

EIGHTY-SIX  OF  THE  STATE FINANCE LAW, PROVIDED HOWEVER, THAT EFFECTIVE
APRIL FIRST, TWO THOUSAND TWENTY-FIVE THE TOTAL AMOUNT CREDITED  TO  AND
DEPOSITED  IN THE TOBACCO USE PREVENTION AND CONTROL PROGRAM FUND ESTAB-
LISHED PURSUANT TO SECTION EIGHTY-SIX OF THE STATE FINANCE LAW SHALL NOT
BE  LESS  THAN  THE  AMOUNT RECOMMENDED BY THE UNITED STATES CENTERS FOR
DISEASE CONTROL AND PREVENTION ON SUCH DATE.
  S 3. The state finance law is amended by adding a new  section  86  to
read as follows:
  S  86.  TOBACCO  USE  PREVENTION AND CONTROL PROGRAM FUND. 1. THERE IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN  AS  THE
"TOBACCO USE PREVENTION AND CONTROL PROGRAM FUND".
  2.  THE  TOBACCO USE PREVENTION AND CONTROL PROGRAM FUND SHALL CONSIST
OF MONEYS APPROPRIATED THERETO, AND FUNDS  TRANSFERRED  FROM  ANY  OTHER
FUND  OR  SOURCES INCLUDING TAX REVENUE REQUIRED TO BE DEPOSITED THEREIN
PURSUANT TO SECTION FOUR HUNDRED EIGHTY-TWO OF THE TAX LAW.
  3. THE MONEYS RECEIVED BY SUCH FUND  SHALL  BE  EXPENDED  PURSUANT  TO
APPROPRIATION  ONLY  FOR  THE  PURPOSES  OF IMPLEMENTING THE TOBACCO USE
PREVENTION AND CONTROL PROGRAM  PURSUANT  TO  SECTION  THIRTEEN  HUNDRED
NINETY-NINE-II OF THE PUBLIC HEALTH LAW.
  S  4. This act shall take effect April 1, 2015. Effective immediately,
the addition, amendment and/or repeal of any rule or  regulation  neces-
sary  for  the  implementation  of  this  act  on its effective date are
authorized to be made and completed on or before such effective date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S5462B

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Bill Amendments

co-Sponsors

2013-S5462 - Details

2013-S5462 - Summary

2013-S5462 - Sponsor Memo

2013-S5462 - Bill Text download pdf

co-Sponsors

2013-S5462A - Details

2013-S5462A - Summary

2013-S5462A - Sponsor Memo

2013-S5462A - Bill Text download pdf

co-Sponsors

2013-S5462B (ACTIVE) - Details

2013-S5462B (ACTIVE) - Summary

2013-S5462B (ACTIVE) - Sponsor Memo

2013-S5462B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5462B

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Bill Amendments

co-Sponsors

2013-S5462 - Details

2013-S5462 - Summary

2013-S5462 - Sponsor Memo

2013-S5462 - Bill Text download pdf

co-Sponsors

2013-S5462A - Details

2013-S5462A - Summary

2013-S5462A - Sponsor Memo

2013-S5462A - Bill Text download pdf

co-Sponsors

2013-S5462B (ACTIVE) - Details

2013-S5462B (ACTIVE) - Summary

2013-S5462B (ACTIVE) - Sponsor Memo

2013-S5462B (ACTIVE) - Bill Text download pdf

Comments