NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9526
SPONSOR: Nolan TITLE OF BILL: An act to amend the public health law, in relation to
the ban of electronic cigarettes on school grounds
PURPOSE OR GENERAL IDEA OF BILL:
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 SPECIFIC 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 ciga-
rette 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 cigarettes 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 prohibi-
tion against traditional smoking on school grounds.
PRIOR 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.
