Senate Bill S2543

Signed By Governor
2017-2018 Legislative Session

Includes vaping in provisions restricting smoking in certain public areas

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • 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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Bill Amendments

co-Sponsors

2017-S2543 - Details

See Assembly Version of this Bill:
A516
Law Section:
Public Health Law
Laws Affected:
Amd §§1399-n & 1399-q, Pub Health L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7841, A8178
2015-2016: S4156, S2202, A2595, A5955

2017-S2543 - Summary

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

2017-S2543 - Sponsor Memo

2017-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.
              

co-Sponsors

2017-S2543A (ACTIVE) - Details

See Assembly Version of this Bill:
A516
Law Section:
Public Health Law
Laws Affected:
Amd §§1399-n & 1399-q, Pub Health L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7841, A8178
2015-2016: S4156, S2202, A2595, A5955

2017-S2543A (ACTIVE) - Summary

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

2017-S2543A (ACTIVE) - Sponsor Memo

2017-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.
              

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