senate Bill S7841B

2013-2014 Legislative Session

Makes the restrictions relating to smoking in public areas applicable to electronic cigarettes

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Archive: Last Bill Status - In Senate Committee Health Committee


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

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 16, 2014 print number 7841b
Jun 16, 2014 amend (t) and recommit to health
print number 7841a
Jun 16, 2014 amend and recommit to health
Jun 13, 2014 referred to health

S7841 - Details

See Assembly Version of this Bill:
A8178
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §§1399-n, 1399-q & 1399-aa, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: S4156, S2202, A2595, A5955
2017-2018: S729, S2543, A516, A3829

S7841 - Summary

Makes the restrictions relating to smoking in public areas applicable to electronic cigarettes.

S7841 - Sponsor Memo

S7841 - Bill Text download pdf

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

                                  7841

                            I N  S E N A T E

                              June 13, 2014
                               ___________

Introduced  by  Sen.  HANNON -- 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 regulating the use
  of electronic cigarettes in certain public areas

  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  and  a  new
subdivision 9 is added to read as follows:
  8.  "Smoking" means the burning of a lighted cigar, cigarette, pipe or
any other matter or substance which contains  tobacco,  INCLUDING  USING
ELECTRONIC  CIGARETTES,  AS  DEFINED  IN SUBDIVISION THIRTEEN OF SECTION
THIRTEEN HUNDRED NINETY-NINE-AA OF THIS  CHAPTER,  OR  ANY  DEVICE  THAT
VAPORIZES NICOTINE.
  9.  "RETAIL  ELECTRONIC  CIGARETTE STORE" MEANS A RETAIL STORE DEVOTED
PRIMARILY TO THE SALE OF ELECTRONIC CIGARETTES, AND IN WHICH THE SALE OF
OTHER PRODUCTS IS MERELY INCIDENTAL. THE SALE  OF  SUCH  OTHER  PRODUCTS
SHALL  BE CONSIDERED INCIDENTAL IF SUCH SALES GENERATE LESS THAN TWENTY-
FIVE PERCENT OF THE TOTAL ANNUAL GROSS SALES.
  S 2. Subdivisions 6 and 7 of section 1399-q of the public health  law,
as added by chapter 13 of the laws of 2003, are amended and a new subdi-
vision 8 is added to read as follows:
  6. Outdoor dining areas of food service establishments with no roof or
other  ceiling enclosure; provided, however, that smoking may be permit-
ted in a contiguous area designated for smoking so long  as  such  area:
(a)  constitutes no more than twenty-five percent of the outdoor seating
capacity of such food service establishment, (b) is at least three  feet
away from the outdoor area of such food service establishment not desig-
nated for smoking, and (c) is clearly designated with written signage as
a smoking area; [and]
  7.  Enclosed  rooms  in  food  service  establishments, bars, catering
halls, convention halls, hotel and motel  conference  rooms,  and  other
such similar facilities during the time such enclosed areas or rooms are
being used exclusively for functions where the public is invited for the

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

S7841A - Details

See Assembly Version of this Bill:
A8178
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §§1399-n, 1399-q & 1399-aa, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: S4156, S2202, A2595, A5955
2017-2018: S729, S2543, A516, A3829

S7841A - Summary

Makes the restrictions relating to smoking in public areas applicable to electronic cigarettes.

S7841A - Sponsor Memo

S7841A - Bill Text download pdf

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

                                 7841--A

                            I N  S E N A T E

                              June 13, 2014
                               ___________

Introduced  by  Sen.  HANNON -- 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 regulating the use
  of electronic cigarettes in certain public areas

  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 and a new
subdivision 9 is added to read as follows:
  8. "Smoking" means the burning of a lighted cigar, cigarette, pipe  or
any  other  matter  or substance which contains tobacco, INCLUDING USING
ELECTRONIC CIGARETTES, AS DEFINED IN  SUBDIVISION  THIRTEEN  OF  SECTION
THIRTEEN HUNDRED NINETY-NINE-AA OF THIS CHAPTER.
  9.  "RETAIL  ELECTRONIC  CIGARETTE STORE" MEANS A RETAIL STORE DEVOTED
PRIMARILY TO THE SALE OF ELECTRONIC CIGARETTES, AND IN WHICH THE SALE OF
OTHER PRODUCTS IS MERELY INCIDENTAL. THE SALE  OF  SUCH  OTHER  PRODUCTS
SHALL  BE CONSIDERED INCIDENTAL IF SUCH SALES GENERATE LESS THAN TWENTY-
FIVE PERCENT OF THE TOTAL ANNUAL GROSS SALES.
  S 2. Subdivisions 6 and 7 of section 1399-q of the public health  law,
as added by chapter 13 of the laws of 2003, are amended and a new subdi-
vision 8 is added to read as follows:
  6. Outdoor dining areas of food service establishments with no roof or
other  ceiling enclosure; provided, however, that smoking may be permit-
ted in a contiguous area designated for smoking so long  as  such  area:
(a)  constitutes no more than twenty-five percent of the outdoor seating
capacity of such food service establishment, (b) is at least three  feet
away from the outdoor area of such food service establishment not desig-
nated for smoking, and (c) is clearly designated with written signage as
a smoking area; [and]
  7.  Enclosed  rooms  in  food  service  establishments, bars, catering
halls, convention halls, hotel and motel  conference  rooms,  and  other
such similar facilities during the time such enclosed areas or rooms are

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

S7841B (ACTIVE) - Details

See Assembly Version of this Bill:
A8178
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §§1399-n, 1399-q & 1399-aa, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: S4156, S2202, A2595, A5955
2017-2018: S729, S2543, A516, A3829

S7841B (ACTIVE) - Summary

Makes the restrictions relating to smoking in public areas applicable to electronic cigarettes.

S7841B (ACTIVE) - Sponsor Memo

S7841B (ACTIVE) - Bill Text download pdf

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

                                 7841--B

                            I N  S E N A T E

                              June 13, 2014
                               ___________

Introduced  by  Sen.  HANNON -- 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  --  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  provisions  regulating  smoking in certain
  public areas

  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  and  two  new
subdivisions 9 and 10 are added to read as follows:
  8.  "Smoking" means the burning of a lighted cigar, cigarette, pipe or
any other matter or substance which contains tobacco, AND THE USE OF  AN
ELECTRONIC CIGARETTE.
  9. "ELECTRONIC CIGARETTE" OR "E-CIGARETTE" SHALL HAVE THE SAME MEANING
AS IN SUBDIVISION THIRTEEN OF SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF
THIS CHAPTER.
  10.   "RETAIL ELECTRONIC CIGARETTE STORE" MEANS A RETAIL STORE DEVOTED
PRIMARILY TO THE SALE OF ELECTRONIC CIGARETTES, AND IN WHICH THE SALE OF
OTHER PRODUCTS IS MERELY INCIDENTAL. THE SALE  OF  SUCH  OTHER  PRODUCTS
SHALL  BE CONSIDERED INCIDENTAL IF SUCH SALES GENERATE LESS THAN TWENTY-
FIVE PERCENT OF THE TOTAL ANNUAL GROSS SALES.
  S 2. Subdivisions 6 and 7 of section 1399-q of the public health  law,
as added by chapter 13 of the laws of 2003, are amended and a new subdi-
vision 8 is added to read as follows:
  6. Outdoor dining areas of food service establishments with no roof or
other  ceiling enclosure; provided, however, that smoking may be permit-
ted in a contiguous area designated for smoking so long  as  such  area:
(a)  constitutes no more than twenty-five percent of the outdoor seating
capacity of such food service establishment, (b) is at least three  feet
away from the outdoor area of such food service establishment not desig-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15585-06-4

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