CALL TO ACTION! *UPDATED 5/22/13* New York Bill to Impose 95% Tax on E-Cigarettes and Smokeless Tobacco -- A.B. 7106

[sonicdsl]

UPDATE: 5/22/13

A hearing on A.B. 7106 was held on May 22, 2013 before the Assembly Health Committee. CASAA has received word that A.B. 7106 was not brought up for a vote. However, the committee chairman is free to bring the bill back up at a later date with minimal notice.

Continued vigilance is needed to ensure that A.B. 7106 does not become law. Please continue to mobilize New York vapers to respond to the below Call to Action. If you are in New York and could possibly attend a future meeting of the Assembly Health Committee in Albany, please e-mail us at board@casaa.org.

If this bill does pass the Health Committee, this battle is far from over. In 2010 and 2011, the Health Committee voted to ban sales of electronic cigarettes to adults. Neither became law, and that was thanks in part to the hundreds or thousands of comments these legislators received in opposition.
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Original Post:

New York: Bill to Tax E-Cigarettes & Smokeless Tobacco at 95% of Wholesale Price -- A.B. 7106

URGENT (5/20/2013): This bill may be heard before the New York Assembly Health Committee on Wednesday, May 22, 2013 in Albany. Public testimony is generally not taken at these meetings, but vapers should attend because there will be news media present, as well as an opportunity to meet personally with legislators and/or their aides. Please e-mail us at board@casaa.org if you can attend.

If this bill does pass the Health Committee, this battle is far from over. In 2010 and 2011, the Health Committee voted to ban sales of electronic cigarettes to adults. Neither became law, and that was thanks in part to the hundreds or thousands of comments these legislators received in opposition.

http://assembly.state.ny.us/leg/?bn=A07106&term=2013

If enacted, this bill wold:

1. Define electronic cigarette products containing nicotine to be "tobacco products" under New York law by redefining the term to mean any product "containing tobacco or nicotine that is intended or expected to be consumed."
2. Impose a 95% wholesale tax on e-cigarette sales.
3. Increase New York's tax on smokeless tobacco from 75% to 95%, a 27% increase.
4. Require e-cigarette vendors to obtain a tobacco retail license to sell e-cigarettes. (see N.Y. TAX LAW § 480-A)

If you are from New York, you must also contact your representative in the New York General Assembly and Senate and tell them that you're an e-cigarette or smokeless tobacco user, you vote, and you don't want the unnecessary tax hike in A.B. 7106 to become law.

Please call, write, or fax the members of the New York General Assembly Health Committee below:

1. You oppose A.B. 7106 because it would impose a new, unwarranted tax on smoke-free electronic cigarettes. Further note that A.B. 7106 would result in e-cigarettes costing more than cigarettes!

2. Tell your story on how switching to an e-cigarette or smoke-free tobacco product has changed your life.

3. Explain that the purpose of increasing cigarette taxes has been to cover governmental healthcare expenditure caused by smoking and to discourage smoking. But since electronic cigarettes, smokeless tobacco, and dissolvables are 98-99% less hazardous than cigarettes, there is no fiscal or public health justification for such a hefty tax.

4. Tell them that this year, committees in the Maine and New Mexico legislatures rejected bill with similar broad redefinitions of "tobacco products."

5. Since many/most e-cigarette sales are made online, enactment of this legislation would negatively impact businesses in New York that sell e-cigarettes, as many consumers would choose to use out-of-state and international online suppliers.

6. Many smokers who switch to less hazardous electronic cigarettes do so because e-cigarettes are less expensive than cigarettes. Increasing the costs of e-cigarettes to that of cigarettes would discourage many smokers from switching to e-cigarettes. It could also encourage some e-cigarette consumers to go back to cigarette smoking.

Members of the New York General Assembly Health Committee

Comma delimited e-mail list: gottfriedr@assembly.state.ny.us, barroni@assembly.state.ny.us, borellij@assembly.state.ny.us, cahillk@assembly.state.ny.us, clarkb@assembly.state.ny.us, cymbros@assembly.state.ny.us, dinowij@assembly.state.ny.us, dipietrod@assembly.state.ny.us, galefs@assembly.state.ny.us, goodella@assembly.state.ny.us, gunthea@assembly.state.ny.us, hevesia@assembly.state.ny.us, jacobsr@assembly.state.ny.us, lavinec@assembly.state.ny.us, mcdonod@assembly.state.ny.us, paulina@assembly.state.ny.us, peoplec@assembly.state.ny.us, rae@assembly.state.ny.us, raiaa@assembly.state.ny.us, rodriguezrj@assembly.state.ny.us, rosentl@assembly.state.ny.us, schimmr@assembly.state.ny.us, ortizf@assembly.state.ny.us, titonem@assembly.state.ny.us, walterr@assembly.state.ny.us


Hon. Richard N. Gottfried (D - Manhattan)
242 West 27th Street
New York, NY 10001
Office Phone: 518-455-5939
In-District Phone: 212-807-7900
GottfriedR@assembly.state.ny.us

Hon. Inez D. Barron (D - Brooklyn).
669 Vermont St.
Brooklyn, NY 11207
Office Phone: 518-455-5912
In-District Phone: 718-257-5824
BarronI@assembly.state.ny.us

Hon. Joseph Borelli (R - Staten Island)
101 Tyrellan Avenue, Suite 200
Staten Island, NY 10309
Office Phone: 518-455-4495
In-District Phone: 718-967-5194
BorelliJ@assembly.state.ny.us

Hon. Kevin A. Cahill (D- Kingston)
Governor Clinton Bldg. Suite G-4, 1 Albany Ave.
Kingston, NY 12401
Office Phone: 518-455-4436
In-District Phone: 845-338-9610
CahillK@assembly.state.ny.us

Hon. Barbara M. Clark (D – Ithaca)
97-01 Springfield Boulevard
Queens Village, NY 11429
Office Phone: 518-455-4711
In-District Phone: 718-479-2333
ClarkB@assembly.state.ny.us

Hon. Steven Cymbrowitz (D - Brooklyn)
1800 Sheepshead Bay Road
Brooklyn, NY 11235
Office Phone: 518-455-5214
In-District Phone: 716-743-4078
CymbroS@assembly.state.ny.us

Hon. Jeffrey Dinowitz (D - The Bronx)
3107 Kingsbridge Avenue
Bronx, NY 10463
Office Phone: 518-455-5965
In-District Phone: 718-796-5345
DinowiJ@assembly.state.ny.us

Hon. David DiPietro (R – East Aurora)
2371 North Main Street
Warsaw, NY 14569
Office Phone: 518-455-5314
In-District Phone: 585-786-0180
DiPietroD@assembly.state.ny.us

Hon. Sandy Galef (D – Ossining)
2 Church Street
Ossining, NY 10562
Office Phone: 518-455-5348
In-District Phone: 914-941-1111
GalefS@assembly.state.ny.us

Hon. Andrew Goodell (R – Jamestown)
Fenton Building 2 E. 2nd St. Ste.320
Jamestown
Office Phone: 518-455-4511
In-District Phone: 716-664-7773
goodella@assembly.state.ny.us

Hon. Aileen Gunther (D – Aileen)
Middletown City Hall, 3rd Flr., 16 James Street
Middletown, NY 10940
Office Phone: 518-455-5355
In-District Phone: 845-342-9304
GuntheA@assembly.state.ny.us

Hon. Andrew Hevesi (D - Forest Hills)
70-50 Austin Street, Suite 110
Forest Hills, NY 11375
Office Phone: 518-455-4926
In-District Phone: 718-263-5595
HevesiA@assembly.state.ny.us

Hon. Rhoda Jacobs (D – Brooklyn)
2294 Nostrand Avenue
Brooklyn, NY 11210
Office Phone: 518-455-5385
In-District Phone: 718-434-0446
JacobsR@assembly.state.ny.us

Hon. Charles Lavine (D - Glen Cove)
70 Glen St., Suite 100
Glen Cove, NY 11542
Office Phone: 518-455-5467
In-District Phone: 516-676-0071
LavineC@assembly.state.ny.us

Hon. David McDonough (R – Merrick)
404 Bedford Ave.
Bellmore, NY 11710
Office Phone: 518-455-4633
In-District Phone: 516-409-2070
McDonoD@assembly.state.ny.us

Hon. Amy Paulin (D – Scarsdale)
700 White Plains Rd., Suite 252
Scarsdale, NY 10583
Office Phone: 518-455-5585
In-District Phone: 914-723-1115
PaulinA@assembly.state.ny.us

Hon. Crystal Peoples-Stokes (D - Buffalo)
792 E. Delavan Avenue
Buffalo, NY 14215
Office Phone: 518-455-5005
In-District Phone: 716-897-9714
PeopleC@assembly.state.ny.us

Hon. Edward Ra (R - Franklin Square)
Chase Bldg. 925 Hempstead Tnpk. Rm.350
Franklin Square, NY 11010
Office Phone: 518-455-4627
In-District Phone: 516-437-5577
rae@assembly.state.ny.us

Hon. Andrew Raia (R - East Northport)
75 Woodbine Avenue
Northport, NY 11768
Office Phone: 518-455-5952
In-District Phone: 631-261-4151
RaiaA@assembly.state.ny.us

Hon. Robert Rodriguez (D - Manhattan)
55 East 115th St.
NewYork, NY 10029
Office Phone: 518-455-4781
In-District Phone: 212-828-3953
rodriguezrj@assembly.state.ny.us

Hon. Linda Rosenthal (D - Manhattan)
230 W. 72 St, Ste. 2F
New York, NY 10023
Office Phone: 518-455-5802
In-District Phone: 212-873-6368
RosentL@assembly.state.ny.us

Hon. Robin Schimminger (D - Kenmore)
3514 Delaware Avenue
Kenmore, NY 14217
Office Phone: 518-455-4767
In-District Phone: 716-873-2540
SchimmR@assembly.state.ny.us

Hon. Eric Stevenson (D - The Bronx)
3215 3rd Ave.
Brooklyn, NY 11220
Office Phone: 518-455-3821
In-District Phone: 718-492-6334
OrtizF@assembly.state.ny.us

Hon. Matthew Titone (D - Staten Island)
853 Forest Avenue
Staten Island, NY 10310
Office Phone: 518-455-4677
In-District Phone: 718-442-9932
TitoneM@assembly.state.ny.us

Hon. Raymond Walter (R - East Amherst)
5555 Main St.
Williamsville, NY 14221
Office Phone: 518-455-4618
In-District Phone: 716-634-1895
walterr@assembly.state.ny.us

 

[Steven Pye]

thanks for the heads up- email sent

 

[Nukified]

Yes. Thank you! I sent one as well.

 

[obsidianchao]

E-mail sent!

 

[syeroc]

Will it make any difference to email them if we don't live in NY? I'm from Iowa but would be happy to fire off an email in support of my fellow vapers!

 

[estaz]

this is what i wrote if anyone wants to adlib it
I am writing to express my opposition of A.B. 7106.
E-cigarettes have literally changed my life and have helped me transition into a full nonsmoker over the last year. I haven’t felt this great in years.
My understanding is that the purpose of increasing cigarette taxes has been to cover governmental healthcare expenditure caused by smoking and to discourage smoking. But since electronic cigarettes, smokeless tobacco, and dissolvables are 98-99% less hazardous than cigarettes, there is no fiscal or public health justification for such a hefty tax.
Just this year, committees in the Maine and New Mexico legislatures rejected a bill with similar broad redefinitions of "tobacco products." Ecigarettes should absolutely not be defined as tobacco products. In fact, many ecigarettes do not contain anything more than vegetable glycerin, propylene glycol and flavorings.
In addition, since many/most e-cigarette sales are made online, enactment of this legislation would negatively impact businesses in New York that sell e-cigarettes, as many consumers would choose to use out-of-state and international online suppliers.
As an aside, increasing the costs of e-cigarettes to that of cigarettes would discourage many smokers from switching to e-cigarettes or trying them at all. It could also encourage some e-cigarette consumers to go back to cigarette smoking.
Ecigarettes are a revolutionary product that are saving millions of lives and the passing of such a bill can directly impede the saving of many lives.

Thank you for your consideration.

 

[estaz]

Will it make any difference to email them if we don't live in NY? I'm from Iowa but would be happy to fire off an email in support of my fellow vapers!

well, how will they know when you're from as long as your address isn't in the email..i say do it!!

 

[T0rtitude]

I sent an email.

 

[pcijohn]

email sent

 

[zoiDman]

Man... What's Up with NY

Seems like Every Time I turn around their trying Jacking some Tax Up or Wanting to Ban/Limit something else?

 

[Stoneface]

I have actually met my Representative, I hope she remembers me. I have just sent her an email, it was a long one

 

[SilentScreams]

Sent an email to every one of them....

Will it make any difference to email them if we don't live in NY? I'm from Iowa but would be happy to fire off an email in support of my fellow vapers!

I don't think it really matters. I'm in NY but I also sent emails to Maine, NM and Cali when it came up for them.

 

[JMarca]

Letters sent, I hate bills that are done up in Albany, for one not many people get to go. Secondly, that's where alot of sneaky business goes on. They'll try to push bills under your nose, I can think of at least 5 they've done that way in the past few years.

 

[SharonMM]

Sent an email to every one of them....



I don't think it really matters. I'm in NY but I also sent emails to Maine, NM and Cali when it came up for them.

Thanks I was wondering the same thing. I'll help out. I hope more people jump on the wagon. Seems like whatevrr NY does eventually trickles down to the other states, so its good to try to stop regulation/taxation before it gains momentum. I hope more of you jump on the wagon! Even if you just cut/paste something it shows where you stand.

 

[JR 137]

Man... What's Up with NY

Seems like Every Time I turn around their trying Jacking some Tax Up or Wanting to Ban/Limit something else?

NY has to be the biggest police state and tax state. If you think New York State is bad, NYC is far worse; Bloomberg is on a mission to eliminate anything and everything that's the slightest bit unhealthy. His intentions are good, but gov't has no right regulating what he wants to - limiting sizes of soda cups, etc. His latest were/are noise limits in headphones and banning smoking in apartment buildings. So if you own your NYC apartment, you can't smoke in it. Seriously? Telling people what they can and can't do in their own homes that they pay for themselves?

Somehow, NY will figure out how to tax intercourse. I've gotta get out of this state.

 

[sonicdsl]

Will it make any difference to email them if we don't live in NY? I'm from Iowa but would be happy to fire off an email in support of my fellow vapers!

It does still help, even if you don't live there. Just use the comma-delimited group of emails and send your opinion to them all.

Sent from my Galaxy S3...

 

[Saint57]

It does still help, even if you don't live there. Just use the comma-delimited group of emails and send your opinion to them all.

Sent from my Galaxy S3...

The ratio is 18 Democrats to 7 Republicans. In California it is 52/27 D/R. Progressives wanted a nanny state. Congratulations.

 

[TigerLadyTX]

Email sent

 

[Poeia]

Sent. I had to guess at Brian Kavanagh's e-mail address for a "cc" (he's my assemblyman) based on the others, and I must have guessed wrong as it bounced back. So I used his on-line form and explained that it was a copy of what I sent to members of the health committee.

SUBJECT: PLEASE OPPOSE A.B. 7106

As an ex-smoker, it is disheartening to see the New York State Assembly consider undermining e-cigarettes by imposing a tax that would make vaping more expensive than smoking.

After forty years of smoking, I had given up on trying to quit. I was tired of feeling like a loser every time I failed to end my three-pack-a day habit. While the methods I used – nicotine gum (numerous times), Wellbutrin, support groups, hypnosis, acupuncture, etc. – work for some people, they unfortunately did not work for me. Then I saw a picture of someone using an e-cigarette and the idea felt right. I did a little research, ordered one, and five days after it arrived I had my last cigarette. That was over three years ago. And now you are considering legislation that will penalize me for eliminating a product from my life that was going to kill me eventually.

The justification for taxing cigarettes is to offset the government’s healthcare expenditures on smoking-related illnesses. Electronic cigarettes and smokeless tobacco do not result in such expenditures therefore such a tax is unwarranted. There is no evidence that these products cause health issues and common sense dictates that eliminating tar, carbon monoxide and the myriad carcinogens in cigarettes can only be a positive.

Nicotine is being used as the criterion for this legislation. But nicotine, in moderation, is not a health hazard and it is not a carcinogen. Vapers can control the amount of nicotine they receive. When I started vaping, I used liquid that contained 24-36 milligrams of nicotine per milliliter. I cut that twice and now vape 6mg e-liquid. You can’t do that with a tobacco cigarette.

Imposing a draconian tax on e-cigarettes will force some people back to cigarettes but the primary effect will be to kill a small, but growing, industry in the state. Most electronic cigarette business is on the Internet and, if New York businesses can’t compete with those prices, they will fail.

Please consider the harm this bill would do and vote against it.

Thank you.

xnamex
xaddressx

 

[Poeia]

NY has to be the biggest police state and tax state. If you think New York State is bad, NYC is far worse; Bloomberg is on a mission to eliminate anything and everything that's the slightest bit unhealthy. His intentions are good, but gov't has no right regulating what he wants to - limiting sizes of soda cups, etc. His latest were/are noise limits in headphones and banning smoking in apartment buildings. So if you own your NYC apartment, you can't smoke in it. Seriously? Telling people what they can and can't do in their own homes that they pay for themselves?

Somehow, NY will figure out how to tax intercourse. I've gotta get out of this state.

And yet the weird thing is that Bloomberg is pro e-cigarettes.