NY State Senate Bill S2543A

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 23, 2017	signed chap.335
Oct 11, 2017	delivered to governor
Jun 20, 2017	returned to senate passed assembly ordered to third reading cal.173 substituted for a516a
Jun 19, 2017	referred to codes delivered to assembly passed senate
Jun 14, 2017	amended on third reading (t) 2543a
May 01, 2017	advanced to third reading
Apr 26, 2017	2nd report cal.
Apr 25, 2017	1st report cal.646
Jan 13, 2017	referred to health

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

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S2543 - Details

See Assembly Version of this Bill:: A516
Law Section:: Public Health Law
Laws Affected:: Amd Pub Health, generally
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7841, A8178
2015-2016: S4156, S2202, A2595, A5955

S2543 - Summary

Includes vaping (use of electronic cigarettes) within the provisions of law regulating smoking in certain public areas.

S2543 - Sponsor Memo

 BILL NUMBER:  S2543

 TITLE OF BILL :

An act to amend the public health law, in relation to including
electronic cigarettes within provisions regulating smoking in certain
public areas

 PURPOSE :

Ban the use of electronic cigarettes in certain indoor areas and
ensure all sellers of electronic cigarettes.

 SUMMARY OF PROVISIONS :

Section one amends § 1399-n of the Public Health Law to include in the
definition of "smoking" the use of electronic cigarettes. This bill
also adds the definition of "retail electronic cigarette store" to
mean 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.

Section two of this bill amends § 1399-q of the Public Health Law to
exempt retail electronic cigarette stores from the Clean Indoor Air

Act. This bill also allows for a two day exemption for other
establishments that are functioning for the primary purpose of
promoting and sampling e-cigarettes.

Section three provides the effective date.

 JUSTIFICATION :

This bill bans the use of electronic cigarettes under the Clean Indoor
Air Act and certain outdoor areas. Electronic cigarettes, commonly
known as e-cigarettes, are electronic devices that deliver nicotine to
the user. These devices do not contain tobacco, rather they heat up
liquid nicotine and emit vapor. E- cigarettes are not currently
regulated by the FDA and are not subject to tobacco laws since they do
not contain tobacco. This lack of oversight, is placing individuals at
risk because there is little known about the chemical make-up of the
liquid nicotine or the harm to individuals from inhaling the vapor
directly or through secondhand exposure. In fact, testing performed by
the FDA found that electronic cigarettes can be dangerous because
users inhale carcinogens and toxic chemicals, such as diethylene
glycol, an ingredient found in antifreeze. Recent studies have
suggested that e-cigarettes may contain more carcinogens than
traditional cigarettes, with some brands containing 10 times the
carcinogens of traditional cigarettes.  Recent studies have also shown
that secondhand smoke from e-cigarettes contains elevated levels, at
nearly four times higher than that of regular cigarettes, of toxic
metal such as nickel and chromium. Currently, three states and more
than 170 municipalities prohibit use of e-cigarettes in other smoke
free environments in order to protect the health and rights of
nonsmokers who do not wish to be exposed to this secondhand smoke.

In 2012, the state banned the sale and distribution of electronic
cigarettes to minors under the age of 18. Despite enactment of this
ban to minors in New York and a number of other states, the CDC
reports the use of electronic cigarettes among middle school and high
school students has more than double from 2011 to 2012.

This legislation takes the next step and protects New Yorkers from the
dangers of these unregulated devices. The legislation provides an

exemption for retail e-cigarette stores and for conventions that are
for the purpose of promoting and sampling c-cigarette products.

 LEGISLATIVE HISTORY :

2015-16: S. 2202-B
Similar to S.7841-B of 2014

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
30 days after enactment, provided however, section three shall take
effect the first day of the month commencing after the 180th day after
enactment.

S2543 - Bill Text download pdf


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

                                  2543

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 13, 2017
                               ___________

Introduced  by  Sens. HANNON, AVELLA, CARLUCCI, LAVALLE, RITCHIE -- 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 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
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.

                                                           LBD01779-01-7

S. 2543                             2

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
primary purpose of promoting and sampling tobacco products OR ELECTRONIC
CIGARETTES,  and  the  service  of  food and drink is incidental to such
purpose, provided that the sponsor or  organizer  gives  notice  in  any
promotional   material  or  advertisements  that  smoking  will  not  be
restricted, and prominently posts notice at the entrance of the facility
and has provided notice of such function to the appropriate  enforcement
officer, as defined in subdivision one of section thirteen hundred nine-
ty-nine-t  of  this  article, at least two weeks prior to such function.
The enforcement officer shall keep a  record  of  all  tobacco  sampling
events,  and  such record shall be made available for public inspection.
No such facility shall permit smoking under this  subdivision  for  more
than two days in any calendar year[.]; AND
  8.  RETAIL  ELECTRONIC  CIGARETTE  STORES, PROVIDED HOWEVER, THAT SUCH
STORES MAY ONLY PERMIT THE USE OF ELECTRONIC CIGARETTES.
  § 3. This act shall take effect on the thirtieth day  after  it  shall
have  become  a  law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the  implementation  of  section three of this act on its effective
date is authorized and directed to be made and completed  on  or  before
such effective date.

Co-Sponsors

view additional co-sponsors

S2543A (ACTIVE) - Details

See Assembly Version of this Bill:: A516
Law Section:: Public Health Law
Laws Affected:: Amd Pub Health, generally
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7841, A8178
2015-2016: S4156, S2202, A2595, A5955

S2543A (ACTIVE) - Summary

Includes vaping (use of electronic cigarettes) within the provisions of law regulating smoking in certain public areas.

S2543A (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S2543A

 TITLE OF BILL :  An act to amend the public health law, in relation
to including vaping within the provisions of law regulating smoking in
certain public areas

 PURPOSE :

Ban the use of electronic cigarettes in certain indoor and outdoor
areas.

 SUMMARY OF PROVISIONS :

Section one amends § 1399-n of the Public Health Law to add the
definition of "vaping" to mean the use of an electronic cigarette and
provides that electronic cigarette shall have the same meaning as in
subdivision 13 of § 1399-aa of the Public Health Law. This bill also
adds the definition of "retail electronic cigarette store" to mean 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.

Section two of this bill amends § 1399-q of the Public Health Law to
add vaping to the areas where smoking restrictions are inapplicable

and to exempt retail electronic cigarette stores from the Clean Indoor
Air Act.

Sections three thru twelve of this bill amend various subdivision of §
1399 of the Public Health Law to make technical amendments to add
vaping where smoking is mentioned throughout the Clean Indoor Air Act.

Section thirteen provides the effective date.

 JUSTIFICATION :

This bill bans the use of electronic cigarettes under the Clean Indoor
Air Act and certain outdoor areas. Electronic cigarettes, commonly
known as e-cigarettes, are electronic devices that deliver nicotine to
the user. These devices do not contain tobacco, rather they heat up
liquid nicotine and emit vapor. The lack of oversight relating to the
use of electronic cigarettes is placing individuals at risk because
there is little known about the chemical make-up of the liquid
nicotine or the harm to individuals from inhaling the vapor directly
or through secondhand exposure. In fact, testing performed by the FDA
found that electronic cigarettes can be dangerous because users inhale
carcinogens and toxic chemicals, such as diethylene glycol, an
ingredient found in antifreeze. Recent studies have suggested that
e-cigarettes may contain more carcinogens than traditional cigarettes,
with some brands containing 10 times the carcinogens of traditional
cigarettes. Recent studies have also shown that secondhand smoke from
e-cigarettes contains elevated levels, at nearly four times higher
than that of regular cigarettes, of toxic metal such as nickel and
chromium. Currently, three states and more than 170 municipalities
prohibit use of e-cigarettes in other smoke free environments in order
to protect the health and rights of non-smokers who do not wish to be
exposed to this secondhand vapor.

In 2012, the state banned the sale and distribution of electronic
cigarettes to minors under the age of 19. Despite enactment of this
ban to minors in New York and a number of other states, the CDC
reports the use of electronic cigarettes among middle school and high
school students more than doubled from 2011 to 2012. This legislation
takes the next step by limiting e-cigarette vaping to areas allowed
under the Clean Indoor Air Act, thus protecting New Yorkers from the
dangers of these unregulated devices. The legislation provides an
exemption for retail e-cigarette stores and for conventions that are
for the purpose of promoting and sampling e-cigarette products.

 LEGISLATIVE HISTORY :

2015-16: S.2202-B
Similar to S.7841-B of 2014

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become a law; provided, however, that effective immediately, the
addition, and amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date is
authorized and directed to be made and completed on or before such
effective date.

S2543A (ACTIVE) - Bill Text download pdf


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

                                 2543--A
    Cal. No. 646

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 13, 2017
                               ___________

Introduced  by Sens. HANNON, AKSHAR, ALCANTARA, AVELLA, BRESLIN, BROOKS,
  CARLUCCI, COMRIE, FUNKE, HAMILTON, HELMING, JACOBS, KAMINSKY, KRUEGER,
  LARKIN, LAVALLE, PERSAUD, RITCHIE, VALESKY -- read twice  and  ordered
  printed,  and  when printed to be committed to the Committee on Health
  -- reported favorably from said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN  ACT  to amend the public health law, in relation to including vaping
  within the provisions of law  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. Section 1399-n of the  public  health  law  is  amended  by
adding three new subdivisions 9, 10 and 11 to read as follows:
  9. "VAPING" MEANS THE USE OF AN ELECTRONIC CIGARETTE.
  10.  "ELECTRONIC CIGARETTE" SHALL HAVE THE SAME MEANING AS IN SUBDIVI-
SION THIRTEEN OF SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF  THIS  CHAP-
TER.
  11.  "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. Section 1399-q of the public health law, as amended by chapter 13
of the laws of 2003, is amended to read as follows:
  § 1399-q. Smoking AND VAPING restrictions inapplicable.  This  article
shall not apply to:
  1. Private homes, private residences and private automobiles;
  2. A hotel or motel room rented to one or more guests;
  3. Retail tobacco businesses;

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

                                                           LBD01779-02-7

S. 2543--A                          2

  4. Membership associations; provided, however, that smoking AND VAPING
shall  only  be  allowed  in membership associations in which all of the
duties with respect to the operation of such association, including, but
not limited to, the preparation of food and beverages,  the  service  of
food  and  beverages,  reception  and secretarial work, and the security
services of the membership association are performed by members of  such
membership  association who do not receive compensation of any kind from
the membership association or any other entity for  the  performance  of
such duties;
  5. Cigar bars that, in the calendar year ending December thirty-first,
two  thousand  two,  generated  ten  percent or more of its total annual
gross income from the on-site sale of tobacco products and the rental of
on-site humidors, not including any sales from vending machines, and  is
registered  with  the  appropriate  enforcement  officer,  as defined in
subdivision one of section thirteen hundred ninety-nine-t of this  arti-
cle.  Such registration shall remain in effect for one year and shall be
renewable only if: (a) in the preceding calendar  year,  the  cigar  bar
generated  ten percent or more of its total annual gross income from the
on-site sale of tobacco products and the rental of on-site humidors, and
(b) the cigar bar has not expanded its size or changed its location from
its size or location since December thirty-first, two thousand two;
  6. Outdoor dining areas of food service establishments with no roof or
other ceiling enclosure; provided, however, that smoking AND VAPING  may
be  permitted  in a contiguous area designated for smoking AND VAPING 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 designated for smoking AND VAPING, and (c) is clearly
designated with written signage as a smoking AND VAPING 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
primary purpose of promoting and sampling tobacco products OR ELECTRONIC
CIGARETTES, and the service of food and  drink  is  incidental  to  such
purpose,  provided  that  the  sponsor  or organizer gives notice in any
promotional material or advertisements that smoking AND VAPING will  not
be  restricted,  and  prominently  posts  notice  at the entrance of the
facility and has provided notice of such  function  to  the  appropriate
enforcement  officer,  as defined in subdivision one of section thirteen
hundred ninety-nine-t of this article, at least two weeks prior to  such
function.  The  enforcement  officer  shall keep a record of all tobacco
sampling events, and such record shall  be  made  available  for  public
inspection.  No such facility shall permit smoking AND VAPING under this
subdivision for more than two days in any calendar year; AND
  8. RETAIL ELECTRONIC CIGARETTE STORES,  PROVIDED  HOWEVER,  THAT  SUCH
STORES MAY ONLY PERMIT THE USE OF ELECTRONIC CIGARETTES.
  §  3. The article heading of article 13-E of the public health law, as
added by chapter 244 of the laws of 1989, is amended to read as follows:
                              ARTICLE 13-E
        REGULATION OF SMOKING AND VAPING IN CERTAIN PUBLIC AREAS
  § 4. Section 1399-o of the public health law, as  amended  by  chapter
389  of the laws of 2011, subdivision 2 as amended by chapter 179 of the
laws of 2013, subdivision 3 as added by chapter 449 of the laws of 2012,
and subdivision 4 as added by chapter  100  of  the  laws  of  2015,  is
amended to read as follows:

S. 2543--A                          3

  § 1399-o. Smoking AND VAPING restrictions. 1. Smoking AND VAPING shall
not  be  permitted  and  no  person shall smoke OR VAPE in the following
indoor areas:
  a. places of employment;
  b. bars;
  c.  food service establishments, except as provided in subdivision six
of section thirteen hundred ninety-nine-q of this article;
  d. enclosed indoor areas open to  the  public  containing  a  swimming
pool;
  e. public means of mass transportation, including subways, underground
subway  stations, and when occupied by passengers, buses, vans, taxicabs
and limousines;
  f. ticketing, boarding and  waiting  areas  in  public  transportation
terminals;
  g.  youth  centers and facilities for detention as defined in sections
five hundred twenty-seven-a and five hundred three of the executive law;
  h. any facility that  provides  child  care  services  as  defined  in
section  four  hundred  ten-p  of the social services law, provided that
such services provided in a private home are excluded from this subdivi-
sion when children enrolled in such day care are not present;
  i. child day care centers as defined in section three  hundred  ninety
of  the  social  services law and child day care centers licensed by the
city of New York;
  j. group homes for children as defined in section three hundred seven-
ty-one of the social services law;
  k. public institutions  for  children  as  defined  in  section  three
hundred seventy-one of the social services law;
  l.  residential treatment facilities for children and youth as defined
in section 1.03 of the mental hygiene law;
  m. all public and private colleges, universities and other educational
and vocational institutions, including dormitories, residence halls, and
other group residential facilities that are owned or  operated  by  such
colleges,  universities  and  other  educational  and  vocational insti-
tutions, except that these restrictions shall not apply in any  off-cam-
pus  residential  unit  occupied  by  a person who is not enrolled as an
undergraduate student in such college, university or  other  educational
or vocational institution;
  n. general hospitals and residential health care facilities as defined
in  article  twenty-eight of this chapter, and other health care facili-
ties licensed by the state in which persons reside;  provided,  however,
that  the  provisions of this subdivision shall not prohibit smoking AND
VAPING by patients in separate enclosed rooms of residential health care
facilities, adult care facilities established or certified  under  title
two of article seven of the social services law, community mental health
residences established under section 41.44 of the mental hygiene law, or
facilities  where  day treatment programs are provided, which are desig-
nated as smoking AND VAPING rooms for patients  of  such  facilities  or
programs;
  o.  commercial  establishments  used for the purpose of carrying on or
exercising any trade, profession, vocation or charitable activity;
  p. indoor arenas;
  q. zoos; and
  r. bingo facilities.
  2. Smoking AND VAPING shall not be permitted and no person shall smoke
OR VAPE in the following outdoor areas:

S. 2543--A                          4

  a. ticketing, boarding or platform areas of railroad stations operated
by the metropolitan transportation authority or its subsidiaries.
  b.  on  the  grounds  of general hospitals and residential health care
facilities as defined in article twenty-eight of  this  chapter,  within
fifteen  feet  of  a building entrance or exit or within fifteen feet of
the entrance to or exit from the grounds of any such general hospital or
residential health care facility. This subdivision  shall  not  prohibit
smoking  AND VAPING by a patient or a visitor or guest of a patient of a
residential health care facility in  a  separate  area  on  the  grounds
designated  as  a smoking AND VAPING area by the residential health care
facility, provided such designated smoking AND VAPING area is not within
thirty feet of any building  structure  (other  than  a  non-residential
structure  wholly  contained  within  the  designated smoking AND VAPING
area), including any overhang, canopy, awning, entrance,  exit,  window,
intake or exhaust.
  3. Smoking AND VAPING shall not be permitted and no person shall smoke
OR VAPE 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  OR  VAPING 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.
  4. Smoking AND VAPING shall not be permitted and no person shall smoke
OR VAPE within one hundred feet of the entrances, exits or outdoor areas
of  any  after-school program licensed or registered pursuant to section
three hundred ninety of the social services law; provided, however, that
the provisions of this subdivision shall only apply on  those  days  and
during  those hours in which such after-school programs are operational;
and provided, further, that the provisions of this subdivision shall not
apply to smoking OR VAPING in a residence, or within the  real  property
boundary lines of such residential real property.
  §  5.  Section  1399-o-1 of the public health law, as added by chapter
102 of the laws of 2013, is amended to read as follows:
  § 1399-o-1. Smoking AND VAPING restrictions; certain outdoor areas. 1.
Smoking AND VAPING shall not be permitted and no person shall  smoke  OR
VAPE  during  the  hours  between  sunrise  and sunset, when one or more
persons under the age of twelve are present at any playground.  For  the
purposes  of  this section, the term "playground" means an improved area
designed, equipped, and set aside for play of six or more children which
is not intended for use as an athletic playing field or athletic  court,
and  shall include any play equipment, surfacing, fencing, signs, inter-
nal pathways, internal land forms, vegetation, and  related  structures.
Playgrounds or playground equipment constructed upon one, two and three-
family  residential  real  property  are exempt from the requirements of
this section. This section shall not apply  to  any  playground  located
within the city of New York.
  2.  No  police  officer,  peace  officer,  regulatory  officer  or law
enforcement official may arrest, ticket, stop  or  question  any  person
based  solely  or  in part on an alleged violation of subdivision one of
this section, nor may an alleged violation of subdivision  one  of  this
section  support  probable cause to conduct any search or limited search
of any person or his or her immediate surroundings.
  § 6. Section 1399-p of the public health law, as added by chapter  244
of  the laws of 1989, subdivision 1 as amended by chapter 13 of the laws

S. 2543--A                          5

of 2003, and subdivision 3 as added by chapter 100 of the laws of  2015,
is amended to read as follows:
  §  1399-p.  Posting  of  signs. 1. "Smoking" or "No Smoking" signs, OR
"VAPING" OR "NO VAPING" SIGNS, or the international "No Smoking" symbol,
which consists of a pictorial  representation  of  a  burning  cigarette
enclosed  in  a circle with a bar across it, shall be prominently posted
and properly maintained where smoking [is] AND VAPING ARE  regulated  by
this  article,  by  the  owner, operator, manager or other person having
control of such area.
  2. The owner, operator or manager of a hotel or motel that chooses  to
develop  and  implement  a smoking AND VAPING policy for rooms rented to
guests shall post a notice at the reception area of the establishment as
to the availability, upon request, of rooms in which no smoking [is] AND
VAPING ARE allowed.
  3. The provisions of this section shall apply to after-school programs
that are subject to the provisions of subdivision four of section  thir-
teen  hundred  ninety-nine-o of this article, provided that signs posted
pursuant to this subdivision shall  specify  the  specific  time  period
during which smoking AND VAPING shall be prohibited.
  §  7. Section 1399-r of the public health law, as added by chapter 244
of the laws of 1989, is amended to read as follows:
  § 1399-r. General provisions. 1. Nothing  in  this  article  shall  be
construed  to  deny the owner, operator or manager of a place covered by
this article the right to designate the entire place, or any part there-
of, as a nonsmoking AND NONVAPING area.
  2. The provisions of this article  shall  apply  to  the  legislative,
executive  and  judicial  branches of state government and any political
subdivision of the state.
  3. Smoking AND VAPING may not be permitted  where  prohibited  by  any
other  law,  rule,  or  regulation  of any state agency or any political
subdivision of the state. Nothing herein shall be construed to  restrict
the  power  of  any  county, city, town, or village to adopt and enforce
additional local law, ordinances, or regulations which  comply  with  at
least the minimum applicable standards set forth in this article.
  § 8. Section 1399-s of the public health law, as amended by chapter 13
of the laws of 2003, is amended to read as follows:
  §  1399-s.  Violations.  1. It shall be unlawful for any person, firm,
limited liability  company,  corporation  or  other  entity  that  owns,
manages,  operates  or  otherwise  controls  the use of an area in which
smoking AND VAPING is prohibited or restricted pursuant to section thir-
teen hundred ninety-nine-o of this article to fail to  comply  with  the
provisions of this article. For violations of this subdivision, it shall
be  an  affirmative  defense that during the relevant time period actual
control of the area was not exercised by the respondent, but rather by a
lessee, the sublessee or any other person. To establish  an  affirmative
defense,  the  respondent  shall  submit an affidavit and may submit any
other relevant proof indicating that the  respondent  did  not  exercise
actual  control of said area during the relevant time period. Such affi-
davit and other proof shall be mailed by certified mail to the appropri-
ate enforcement officer within thirty days of receipt of such notice  of
violation.
  2.  It  shall be unlawful for an employer whose place of employment is
subject to subdivision one of section thirteen hundred ninety-nine-o  of
this  article to fail to comply with the provisions of such subdivision.
For violations of such subdivision, it shall be an  affirmative  defense

S. 2543--A                          6

that  the  employer has made good faith efforts to ensure that employees
comply with the provisions of this article.
  3.  It  shall  be unlawful for any person to smoke OR VAPE in any area
where smoking   AND VAPING is prohibited  or  restricted  under  section
thirteen hundred ninety-nine-o of this article.
  §  9.  Subdivision  4  of  section 1399-t of the public health law, as
amended by chapter 13 of the  laws  of  2003,  is  amended  to  read  as
follows:
  4.  The owner, manager, operator or other person having control of any
area subject to the provisions of this article, shall inform,  or  shall
designate  an  agent  who shall be responsible for informing individuals
smoking OR VAPING in an area in which smoking OR VAPING is not permitted
that they are in violation of this article.
  § 10. Subdivision 2 of section 1399-u of the  public  health  law,  as
amended  by  chapter  13  of  the  laws  of  2003, is amended to read as
follows:
  2. Every waiver  granted  shall  be  subject  to  such  conditions  or
restrictions  as may be necessary to minimize the adverse effects of the
waiver upon persons subject to an involuntary  exposure  to  second-hand
smoke  OR  VAPING  and  to ensure that the waiver is consistent with the
general purpose of this article.
  § 11. Section 1399-w of the public health law, as added by chapter 244
of the laws of 1989, is amended to read as follows:
  § 1399-w. Limitation of causes of action.  An employer, administrator,
manager, owner or operator of any indoor area, food  service  establish-
ment,  or  place of employment regulated by this article who complies or
fails to comply with the provisions of this article shall not be subject
to any legal liability or action solely as a result of  such  compliance
or  noncompliance except as provided in section thirteen hundred ninety-
nine-v of this article. Nothing in any other  section  of  this  article
shall  be  construed  to  create, impair, alter, limit, modify, enlarge,
abrogate or restrict any theory of liability upon which any  person  may
be held liable to any other person for exposure to smoke OR VAPING.
  §  12.  Section 1399-x of the public health law, as amended by chapter
389 of the laws of 2011, is amended to read as follows:
  § 1399-x. Rules and regulations. The commissioner shall not promulgate
any rules or regulations to effectuate the provisions of  section  thir-
teen  hundred  ninety-nine-n,  paragraph f of subdivision one of section
thirteen hundred ninety-nine-o or subdivision one  of  section  thirteen
hundred  ninety-nine-p  of  this  article.  The  commissioner  shall not
promulgate any rules or regulations that create, limit  or  enlarge  any
smoking OR VAPING restrictions.
  §  13.  This act shall take effect on the thirtieth day after it shall
have become a law; provided, however, that  effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date  is  authorized
and directed to be made and completed on or before such effective date.

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The New York State Senate

senate Bill S2543A

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Archive: Last Bill Status - Signed by Governor

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Jun 19, 2017 - floor Vote

Floor Vote: Jun 19, 2017

Apr 25, 2017 - Health committee Vote

Committee Vote: Apr 25, 2017

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S2543 - Details

S2543 - Summary

S2543 - Sponsor Memo

S2543 - Bill Text download pdf

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S2543A (ACTIVE) - Details

S2543A (ACTIVE) - Summary

S2543A (ACTIVE) - Sponsor Memo

S2543A (ACTIVE) - Bill Text download pdf

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senate Bill S2543A

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 19, 2017 - floor Vote

Floor Vote: Jun 19, 2017

Apr 25, 2017 - Health committee Vote

Committee Vote: Apr 25, 2017

Bill Amendments

Co-Sponsors

S2543 - Details

S2543 - Summary

S2543 - Sponsor Memo

S2543 - Bill Text download pdf

Co-Sponsors

S2543A (ACTIVE) - Details

S2543A (ACTIVE) - Summary

S2543A (ACTIVE) - Sponsor Memo

S2543A (ACTIVE) - Bill Text download pdf

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