assembly Bill A3829

2017-2018 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - In Assembly 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
Jan 03, 2018 referred to health
Jan 30, 2017 referred to health

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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

A3829 (ACTIVE) - Summary

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

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.