Relates to banning electronic cigarettes on school grounds.
TITLE OF BILL: An act to amend the public health law, in relation to the ban of electronic cigarettes on school grounds
PURPOSE: This bill would expand the existing ban on smoking within one hundred feet of a school's entrance, exits or outdoor areas, to also include the smoking of electronic cigarettes.
SUMMARY OF PROVISIONS:
Section 1: Section one amends subdivision 3 of section 1399-o of the public health law, as added by chapter 449 of the laws of 2012, by banning the use of electronic cigarettes on school grounds. It also clarifies the definition of "electronic cigarette" to include any device that simulates the act of smoking but produces water vapor instead of smoke, including but not limited to, e-cigarettes, hookah pens, or vaping pens. Moreover, it is not required that an electronic cigarette contain nicotine.
Section 2: Section two sets forth an effective date thirty days after this act shall become law.
JUSTIFICATION: Electronic cigarettes are mechanical smoking devices that, contrary to traditional cigarettes which release smoke and contain nicotine, provide an exhalation by the smoker of a vapor and contain no nicotine. While there is debate over how much more beneficial smoking an electronic cigarette is over a traditional cigarette, the fact of the matter is that over the last few years the numbers of people smoking electronic cigarettes has skyrocketed. A 2012 article in USA Today noted that the Tobacco Vapor Electronic Cigarette Association expected electronic cigarette sales to hit 5 million units-a significant increase over the 50,000 electronic cigarette units sold in 2008.
In recent years the Legislature has enacted legislation to ban smoking within one hundred feet of a school's entrance, exit, or outdoor areas. But "smoking" in the particular school-smoking-ban statute is defined as "the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco." Because electronic cigarette's are not expressly covered, and more importantly because they do not contain tobacco, they are considered, de facto, permissible on school grounds.
Whether or not electronic cigarettes have greater health protections than regular cigarettes (or any other type of "smoking" for that matter) we should not be encouraging smoking of any kind-whether through the use of smoke or vapor-to our students. This legislation would prevent the use of electronic cigarettes in the same manner as the current prohibition against traditional smoking on school grounds.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 6704--A IN SENATE March 3, 2014 ___________Introduced by Sens. FLANAGAN, LAVALLE, MARTINS -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to the ban of elec- tronic cigarettes on school grounds THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 1399-o of the public health law, as added by chapter 449 of the laws of 2012, is amended to read as follows: 3. (A) Smoking, WHICH FOR PURPOSES OF THIS SUBDIVISION SHALL ALSO INCLUDE THE SMOKING OF ELECTRONIC CIGARETTES, shall not be permitted and no person shall smoke 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 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. (B) FOR PURPOSES OF THIS SUBDIVISION, "ELECTRONIC CIGARETTES" SHALL INCLUDE ANY DEVICE THAT SIMULATES THE ACT OF SMOKING BUT PRODUCES WATER VAPOR INSTEAD OF SMOKE. SUCH ELECTRONIC CIGARETTES SHALL INCLUDE, BUT NOT BE LIMITED TO, E-CIGARETTES, HOOKAH PENS, OR VAPING PENS. IT SHALL NOT BE NECESSARY THAT AN ELECTRONIC CIGARETTE CONTAIN NICOTINE. S 2. This act shall take effect on the thirtieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14200-03-4