New York State issues 3 Bills to: Impose 75% or 95% tax on Ecigs, Ban E-Liquid, Ban Ecig Use!

[dykast]

Any news on this bill? Has it stalled in committee? Is it advancing to the floor? Does anyone know more?

^^^^^^^This

 

[sonicdsl]

This is the latest update from the CASAA CTA:

UPDATE 5-6-14: All four bills have been reported out of Committee.

SB 7139, the one bill on which CASAA is neutral, has been referred to the Senate Finance Committee.

The other three bills, SB 6562 (ban on e-cigarette use wherever smoking is prohibited), SB 6939 (ban on sale of e-liquid), and SB 7027 (packaging and labeling requirements)--all of which CASAA opposes--are going before the full Senate.

 

[pjmarkert]

>>>>>>>> Done!

 

[drthunder]

When it comes to NY it doesn't matter how healthy or cheap the product is they will try to demonize it. In the end all they want is the tax. As for the NY Times, they say stuff like this for the publicity. They were never known for doing proper research and making intelligent articles. This is the same NY Times that stated video games cause violence in the real world. This was proven to be completely false, but they keep these articles up for the revenue. They are an old generation of media that will be phased out eventually and the world will be a better place when they do.

 

[Bill Godshall]

Bad news from New York.

New York Senate amends bill (S 6939) to ban sale of e-liquid products (but not prefilled cigalikes or cartridges that are less effective for smoking cessation), same as A 9309
Bills

New York Senate amends bill (A 9309) to ban sale of e-liquid products (but not prefilled cigalikes or cartridges that are less effective for smoking cessation), same as S 6939
Bills

 

[KODIAK (TM)]

FOR THE PURPOSES OF THIS SECTION, "LIQUID NICOTINE", "ELECTRONIC
18 LIQUID" OR "E-LIQUID" MEANS A LIQUID COMPOSED OF NICOTINE AND OTHER
19 CHEMICALS, AND WHICH IS SOLD AS A PRODUCT THAT MAY BE USED IN AN ELEC-
20 TRONIC CIGARETTE,

Geezus H. Christ. How the Sam Hell does a sane legislative body come to such asinine conclusions that warrant a complete and outright ban on nicotine liquid... and keep filled cartridges? Yes, we all know the wink-and-nod "talking point" that kiddies can't drink cartridge juice but we also know damn good and well *who* sells those cartridges.

And then we have this:

PROVIDED,
8 HOWEVER, THAT THE COMMISSIONER OF HEALTH MAY EXEMPT A REGISTERED
9 IN-STATE MANUFACTURER OF E-LIQUIDS FROM THE PROVISION OF THIS SECTION.

Clear as the Hudson on a calm day.

 

[pjmarkert]

Apparently this bill does nothing to prevent people from ordering juice from out of state, which everyone will do, thus defeating the very reason for pushing this bill, the juice will still be in our homes, but the local businesses will be closed. What a bunch of geniuses we elected. That is why NY is number 50 in the order of states that are business friendly!

 

[Bill Godshall]

The following provision in the bill (if enacted into law, and if utilized by the Commissioner of Health to exempt an in-state manufacturer) could result in lawsuits filed against the NY Commissioner of Health and the State of NY by out-of-state manufacturers or by in-state manufacturers or retailers (who aren't granted the same exemption) because it allows the Commissioner of Health to discriminate against them in favor of their competitors based upon no criteria except the Commissioner's opinion.

PROVIDED,
8 HOWEVER, THAT THE COMMISSIONER OF HEALTH MAY EXEMPT A REGISTERED
9 IN-STATE MANUFACTURER OF E-LIQUIDS FROM THE PROVISION OF THIS SECTION.

 

[KODIAK (TM)]

The following provision in the bill (if enacted into law, and if utilized by the Commissioner of Health to exempt an in-state manufacturer) could result in lawsuits filed against the NY Commissioner of Health and the State of NY by out-of-state manufacturers or by in-state manufacturers or retailers (who aren't granted the same exemption) because it allows the Commissioner of Health to discriminate against them in favor of their competitors based upon no criteria except the Commissioner's opinion.

Yes. It's a head-scratcher. I've looked for criteria that would qualify manufacturers/retailers for exemption under this clause but can't find anything.

It would be interesting if a vendor in NY could press somebody for clarification.

 

[pamdis]

Sounds like the exemption is meant for e-liquid manufacturers to remain in business as long as they only sell to out of state customers.

 

[Bill Godshall]

Regardless of the intent of the provision (to allow the Health Cmsnr to exempt any in-state manufacturer based upon no legally binding criteria other than the Cmsnr's opinion), I think there's an excellent chance of a lawsuit (filed by a manufacturer that didn't get an exempted) prevailing in court if the Cmsnr were to exempt just one or several manufacturers.

 

[buffaloguy]

I see the latest edits on this bill are nothing more than an attempt to appease the convienience store segment the comittee invited to their little staged public hearing so they dont have to stop selling cigalikes. Since that is all those stores sell of course they would be protected. This is nothing more than an effort to protect those stores from competition, and the business they lose to actual ecig shops. The convienience store are losing sales on cigarettes, then again when cigalikes dont work cause people gravitate to better devices. If you remove the juice supply then all people have access to is cigalikes, available at your convienience shop.

I knew that whole hearing was a staged bunch of nonsense. I was waiting for this to appear.

 

[AgentAnia]

S6938B-2013 has passed the Senate and been delivered to the Assembly.

S6939B-2013 - NY Senate Open Legislation - Prohibits the sale or provision of any quantity of electronic liquid used to refill an electronic cigarette or cartridge - New York State Senate

 

[TomGeorge]

Is this for all of NYS or just the city?

 

[bigdancehawk]

Is this for all of NYS or just the city?

The entire state. Maybe you should write your representative.

 

[Fitzie]

All of New York State, I'm sorry to say. I hope the Assembly gets hung up on the medical "herb" issue for the rest of the week. I've had my fingers crossed the legislative session would end this week without action on e-cigs. At least that would put it off until the next legislative session.

 

[TomGeorge]

The entire state. Maybe you should write your representative.

I have been doing all the federal and NYS CASSA calls to action but apparently I haven't been reading them well enough haha I actually just saw 2 emails from my representatives today in response to the CTA letters, so at least they are getting them, hopefully they are listening...

 

[Fitzie]

^^^
You're ahead of me on that count. I'm 0 for 0 on responses from anyone in government. I even wrote to all the relevant NYS politicians twice .... I know who I won't be voting for come November.

 

[buffaloguy]

I contacted Assemblyman Kearns a couple weeks ago without reply, and Gov. Cuomo today and asked to veto. Im not sure how Senator Gallivan voted on this bill. Is there any way online to find out?

 

[AgentAnia]

I have been doing all the federal and NYS CASSA calls to action but apparently I haven't been reading them well enough haha I actually just saw 2 emails from my representatives today in response to the CTA letters, so at least they are getting them, hopefully they are listening...

^^^
You're ahead of me on that count. I'm 0 for 0 on responses from anyone in government. I even wrote to all the relevant NYS politicians twice .... I know who I won't be voting for come November.

I've been writing to my legislators for a year and a half now; to date, I've received uncounted computer-generated interim replies ("your message has been received and we will respond shortly"), and a whopping two replies, from the same senator, giving me the same boilerplate response to the ecig issue. Apparently their staffs are too busy soliciting bribes campaign contributions to actually read constituent mail.

Still, I keep writing!