senate Bill S6704A

2013-2014 Legislative Session

Relates to banning electronic cigarettes on school grounds

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 13, 2014 print number 6704a
amend and recommit to health
Mar 03, 2014 referred to health

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S6704 - Bill Details

See Assembly Version of this Bill:
A9526
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §1399-o, Pub Health L

S6704 - Bill Texts

view summary

Relates to banning electronic cigarettes on school grounds.

view sponsor memo
BILL NUMBER:S6704

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.

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 bow 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.

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

                                  6704

                            I N  S E N A T E

                              March 3, 2014
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

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. 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.
  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.
                                                           LBD14200-01-4

Co-Sponsors

S6704A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9526
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §1399-o, Pub Health L

S6704A (ACTIVE) - Bill Texts

view summary

Relates to banning electronic cigarettes on school grounds.

view 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 full text
download pdf
                    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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