senate Bill S6704A

Relates to banning electronic cigarettes on school grounds

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Bill Status


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

  • 03 / Mar / 2014
    • REFERRED TO HEALTH
  • 13 / Mar / 2014
    • AMEND AND RECOMMIT TO HEALTH
  • 13 / Mar / 2014
    • PRINT NUMBER 6704A

Summary

Relates to banning electronic cigarettes on school grounds.

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Bill Details

See Assembly Version of this Bill:
A9526
Versions:
S6704
S6704A
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd ยง1399-o, Pub Health L

Sponsor Memo

BILL NUMBER:S6704A

TITLE OF BILL: An act to amend the public health law, in relation to
the ban of electronic cigarettes on school grounds

PURPOSE: This bill would expand the existing ban on smoking within
one hundred feet of a school's entrance, exits or outdoor areas, to
also include the smoking of electronic cigarettes.

SUMMARY OF PROVISIONS:

Section 1: Section one amends subdivision 3 of section 1399-o of the
public health law, as added by chapter 449 of the laws of 2012, by
banning the use of electronic cigarettes on school grounds. It also
clarifies the definition of "electronic cigarette" to include any
device that simulates the act of smoking but produces water vapor
instead of smoke, including but not limited to, e-cigarettes, hookah
pens, or vaping pens. Moreover, it is not required that an electronic
cigarette contain nicotine.

Section 2: Section two sets forth an effective date thirty days after
this act shall become law.

JUSTIFICATION: Electronic cigarettes are mechanical smoking devices
that, contrary to traditional cigarettes which release smoke and
contain nicotine, provide an exhalation by the smoker of a vapor and
contain no nicotine. While there is debate over how much more
beneficial smoking an electronic cigarette is over a traditional
cigarette, the fact of the matter is that over the last few years the
numbers of people smoking electronic cigarettes has skyrocketed. A
2012 article in USA Today noted that the Tobacco Vapor Electronic
Cigarette Association expected electronic cigarette sales to hit 5
million units-a significant increase over the 50,000 electronic
cigarette units sold in 2008.

In recent years the Legislature has enacted legislation to ban smoking
within one hundred feet of a school's entrance, exit, or outdoor
areas. But "smoking" in the particular school-smoking-ban statute is
defined as "the burning of a lighted cigar, cigarette, pipe or any
other matter or substance which contains tobacco." Because electronic
cigarette's are not expressly covered, and more importantly because
they do not contain tobacco, they are considered, de facto,
permissible on school grounds.

Whether or not electronic cigarettes have greater health protections
than regular cigarettes (or any other type of "smoking" for that
matter) we should not be encouraging smoking of any kind-whether
through the use of smoke or vapor-to our students. This legislation
would prevent the use of electronic cigarettes in the same manner as
the current prohibition against traditional smoking on school grounds.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the thirtieth day after
it shall have become a law.


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

                                 6704--A

                            I N  S E N A T E

                              March 3, 2014
                               ___________

Introduced by Sens. FLANAGAN, LAVALLE, MARTINS -- 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 the ban of elec-
  tronic cigarettes on school grounds

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

  Section  1.  Subdivision 3 of section 1399-o of the public health law,
as added by chapter 449 of the laws of  2012,  is  amended  to  read  as
follows:
  3.  (A)  Smoking,  WHICH  FOR  PURPOSES OF THIS SUBDIVISION SHALL ALSO
INCLUDE THE SMOKING OF ELECTRONIC CIGARETTES, shall not be permitted and
no person shall smoke within one hundred feet of the entrances, exits or
outdoor areas of any public or private elementary or secondary  schools;
provided,  however,  that  the  provisions of this subdivision shall not
apply to smoking in a residence, or within the  real  property  boundary
lines of such residential real property. The provisions of section thir-
teen  hundred  ninety-nine-p  of  this  article  shall not apply to this
subdivision.
  (B) FOR PURPOSES OF THIS SUBDIVISION,  "ELECTRONIC  CIGARETTES"  SHALL
INCLUDE  ANY DEVICE THAT SIMULATES THE ACT OF SMOKING BUT PRODUCES WATER
VAPOR INSTEAD OF SMOKE. SUCH ELECTRONIC CIGARETTES  SHALL  INCLUDE,  BUT
NOT  BE  LIMITED TO, E-CIGARETTES, HOOKAH PENS, OR VAPING PENS. IT SHALL
NOT BE NECESSARY THAT AN ELECTRONIC CIGARETTE CONTAIN NICOTINE.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14200-03-4

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