senate Bill S6255A

Includes "electronic cigarettes" within the definition of smoking

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Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2014
    • REFERRED TO HEALTH
  • 10 / Mar / 2014
    • AMEND (T) AND RECOMMIT TO HEALTH
  • 10 / Mar / 2014
    • PRINT NUMBER 6255A

Summary

Includes "electronic cigarettes" within the definition of smoking.

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Bill Details

See Assembly Version of this Bill:
A8190A
Versions:
S6255
S6255A
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd ยง1399-n, Pub Health L

Sponsor Memo

BILL NUMBER:S6255A

TITLE OF BILL: An act to amend the public health law, in relation to
including electronic cigarettes within the definition of smoking

PURPOSE:

To include the use of electronic cigarettes within the definition of
smoking.

SUMMARY OF PROVISIONS:

Section 1. Amends subdivision 8 of section 1399-n of the Public Health
Law by adding "electronic cigarette" to the meaning of "smoking".

Section 2. Establishes the effective date.

JUSTIFICATION:

New York State legislators have been leaders in the protection of
public health through legal bans of smoking cigarettes in a variety of
venues. Not only have these prohibitions helped smokers in their
effort to quit, but have had an immeasurable positive impact on those
who are no longer forced to inhale second-hand smoke.

The combination of smoking bans and high cigarette taxes has resulted
in a decreased number of smokers in New York. An unintended
consequence, however, has been the dramatic rise of electronic
cigarette (e-cigarette) use. According to a New York Times article,
"Rise is Seen in Students Who use E-Cigarettes," September 5, 2013,
e-cigarette use by middle and high school students doubled in 2012
from the previous your. A Wells Fargo analyst predicted that U.S.
sales will double this year, going on to $1.7 billion (Are
E-Cigarettes a Boon or a Menace?, National Geographic, Daily News,
September 15, 2013).

Electronic cigarettes are battery operated devices that transform a
liquid solution of nicotine into a smokeless, odorless vapor. While
many have successfully used such devices to quit or cut down on
regular cigarettes use, it seems that those who would not have tried a
traditional cigarette feel comfortable trying the e-cigarette. While
manufacturers insist the e-cigarettes are safer than tobacco
cigarettes, public health advocates differ, maintaining that more
research is needed. E-Cigarettes are relatively new and there has been
no significant consensus indicating whether they are safe for the
smoker, or if they have any impacts on the environment.

Currently, there is a legal limbo regarding e-cigarettes. The United
States Food and Drug Administration (FDA) has not issued regulations
covering e-cigarettes. Because the FDA has not issued regulations,
e-cigarette companies can advertise them so that marketing efforts
target youth. New York State has outlawed the sale of e-cigarettes to
minors. Aside from this ban, however, there are no laws governing
where e-cigarettes can be smoked. Some hotels, airports and nightclubs
ban e-cigarettes while others do not.


This legislation clarifies the legalities surrounding the use of
e-cigarettes. It ensures that all New Yorkers are protected while
providing public health experts and scientists the time needed to
investigate the health impacts of e-cigarettes.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                 6255--A

                            I N  S E N A T E

                             January 9, 2014
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend the public health law, in relation to including elec-
  tronic cigarettes within the definition of smoking

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

  Section  1.  Subdivision 8 of section 1399-n of the public health law,
as amended by chapter 13 of the laws of 2003,  is  amended  to  read  as
follows:
  8.  "Smoking"  means  the burning of a lighted cigar, cigarette, ELEC-
TRONIC CIGARETTE, pipe or any other matter or substance  which  contains
tobacco.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11823-04-4

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