New York A 4540: Imposes an additional tax surcharge on certain non-primary residence class one and class two properties in N.Y. city

Bill Text

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A04540 Summary:

BILL NOA04540 

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SAME ASNo Same As

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SPONSORFall

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COSPNSR

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MLTSPNSR

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Amd §399-gg, Gen Bus L; add §1399-gg-1, Pub Health L; amd §§1181 & 1186, Tax L; add §97-bbbbb, St Fin L

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Relates to verification of compliance with federal and state regulations on packaging of e-liquid products; relates to creating a "tobacco and vaping cessation fund" to be funded with tax revenue from sales of e-liquid products.

Go to top A04540 Actions:

BILL NOA04540 

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02/04/2025referred to health

01/07/2026referred to health

Go to topA04540 Committee&nbspVotes:

Go to topA04540 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04540 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4540

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 4, 2025
 ___________

 Introduced by M. of A. FALL -- read once and referred to the Committee
 on Health

 AN ACT to amend the general business law and the public health law, in
 relation to packaging requirements for e-liquid products; to amend the
 tax law, in relation to taxes imposed for the sale of vaping products,
 and the disbursement of such taxes; and to amend the state finance
 law, in relation to establishing a "tobacco and vaping cessation fund"

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 399-gg of the general business law, as added by
 2 chapter 542 of the laws of 2014, is amended to read as follows:
 3 § 399-gg. Packaging of electronic liquid. 1. No person, firm or corpo-
 4 ration shall sell or offer for sale any electronic liquid, as defined in
 5 paragraph (e) of subdivision one of section thirteen hundred ninety-
 6 nine-cc of the public health law, unless [the] such electronic liquid is
 7 sold or offered for sale in a child resistant bottle which is designed
 8 to prevent accidental exposure of children to electronic liquids.
 9 2. Upon receipt of notification from the commissioner of health made
 10 pursuant to subdivision four of section thirteen hundred ninety-nine-gg-
 11 one of the public health law, a seller under this section shall have
 12 ninety days to become compliant with section thirteen hundred ninety-
 13 nine-gg-one of the public health law. After such date, no person, firm
 14 or corporation shall sell or offer for sale any electronic liquid,
 15 unless the packaging of such electronic liquid is in compliance with
 16 such section.
 17 3. Any violation of this section shall be punishable by a civil penal-
 18 ty not to exceed one thousand dollars.
 19 § 2. The public health law is amended by adding a new section
 20 1399-gg-1 to read as follows:
 21 § 1399-gg-1. Verification of manufacturers of e-liquids. 1. For the
 22 purposes of this section, "e-liquid" shall have the same meaning as

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08707-01-5

 A. 4540 2

 1 provided by paragraph (e) of subdivision one of section thirteen hundred
 2 ninety-nine-cc of this article.
 3 2. For the purposes of this section, "smart device" shall mean a
 4 cellular radio telephone or other mobile voice communications handset
 5 device that includes the following features:
 6 (a) utilizes a mobile operating system;
 7 (b) possesses the capability to utilize mobile software applications,
 8 access and browse the internet, utilize text messaging, utilize digital
 9 voice service, and send and receive email;
 10 (c) has wireless network connectivity; and
 11 (d) is capable of operating on a long-term evolution network or
 12 successor wireless data network communication standards.
 13 3. Within one hundred twenty days of the effective date of this
 14 section, the commissioner shall:
 15 (a) cause to be created a webpage on the department's internet website
 16 which lists all e-liquid manufacturers who are in compliance with both
 17 federal and state regulations; and
 18 (b) create and make available to manufacturers of e-liquids a code
 19 which, when scanned with a smart device, shall open on such device the
 20 internet webpage created pursuant to paragraph (a) of this subdivision.
 21 4. Upon completion of the requir