Senate Bill Preventing E-Cigarette Use at Schools Becomes Law

July 25, 2017

New Measure Will Protect Children’s Health

The New York State Senate today announced that a Senate bill protecting the health of students by prohibiting e-cigarette use at schools has been signed by the Governor and is now law. The measure (S750), sponsored by Senator Patty Ritchie, helps discourage smoking by children at a time when e-cigarette use among youth continues to increase. It is among several measures passed by the Senate this year to protect public health from the risks of nicotine exposure.

“Schools are meant to be safe places for students, however, when they are exposed to things like e-cigarettes, their health is put at risk,” said Senator Ritchie. “With so much still unknown about the chemical makeup of the nicotine solution used in e-cigarettes, this new law will safeguard the health of children across the state and continue New York’s commitment to preventing childhood and teenage smoking.” 

While many school grounds are already designated as “tobacco-free,” e-cigarettes don’t contain tobacco and this new law will help allow schools to further restrict youth from endangering their health by using these devices. 

Two other Senate bills to protect public health from e-cigarettes were also passed by both houses this session and will be sent to the Governor for his review. 

One bill (S2543A), sponsored by Senator Kemp Hannon, would ban the use of electronic cigarettes in indoor areas covered by the Clean Indoor Air Act, as well as certain public outdoor areas where smoking cigarettes is prohibited. The lack of oversight relating to the use of electronic cigarettes places individuals at risk because little is known about the chemical make-up of the liquid nicotine, which could harm the individuals inhaling the vapor directly or through secondhand exposure. While many claim to use e-cigarettes as smoking cessation mechanisms, 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.
 
Another bill (S2542A), also sponsored by Senator Hannon, would require any person to register with the state Department of Taxation and Finance if they sell electronic cigarettes, liquid nicotine and are not otherwise registered with the state Department of Taxation and Finance to sell tobacco products. This would close a loophole that allows some retailers of electronic cigarettes who do not also sell tobacco cigarettes to avoid compliance checks that ensure adherence to current laws related to prohibiting selling to minors and other restrictions.

senate Bill S2543A

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
  • 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

Co-Sponsors

view additional co-sponsors

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

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

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

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.