Assembly Bill A3829

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A3829 (ACTIVE) - Details

See Senate Version of this Bill:
S729
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §§1399-n, 1399-q & 1399-aa, Pub Health L
Versions Introduced in Other Legislative Sessions:
2013-2014: A8178, S7841
2015-2016: A2595, A5955, S4156, S2202

2017-A3829 (ACTIVE) - Summary

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

2017-A3829 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3829
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced by M. of A. ROSENTHAL, DINOWITZ, JAFFEE, COOK, HOOPER, GALEF,
   ENGLEBRIGHT,  ZEBROWSKI,  FAHY, RYAN -- Multi-Sponsored by -- M. of A.
   ARROYO, BRAUNSTEIN, CRESPO, GLICK, MOSLEY, PERRY, RIVERA -- read  once
   and referred to the Committee on Health
 
 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.
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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