NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A611
SPONSOR: Rosenthal TITLE OF BILL:
An act to amend the public health law, in relation to prohibiting e-ci-
garettes on school grounds
PURPOSE:
This bill prohibits the use of electronic cigarettes or e-cigarettes on
school grounds.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends section 1399-o of the public health law by adding a
new subdivision 5.
Section two sets forth the effective date.
JUSTIFICATION:
Electronic cigarettes or e-cigarettes are defined by the Public Health
Law as, electronic devices that deliver vapor which is inhaled by an
individual user, and shall include any refill, cartridge and any other
component of such a device. Generally, these are electronic devices that
deliver nicotine to the user. While these devices do not contain tobacco
or emit smoke, they heat up liquid nicotine and emit water vapor. E-ci-
garettes 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 water 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. It is for these
reasons the state banned the sale and distribution of electronic ciga-
rettes to minors under the age of 18 in 2012.
This legislation is necessary to further protect minors from the dangers
of these unregulated devices, particularly because they have not been
proven to be safe for use at any age, by prohibiting their use on any
school ground. School grounds are defined by the Public Health Law as,
any building, structure, and surrounding outdoor grounds contained with-
in a public or private pre-school, nursery school, elementary or second-
ary school's legally defined property boundaries as registered in a
county clerk's office, and any vehicles used to transport children or
school personnel. The use of electronic cigarettes in schools is a major
problem. Because they are so easily hidden, students will bring e-cigar-
ettes into classrooms and use the devises while class is in session. Not
only is this distracting for the other students, e-cigarette use may
pose major health risks to users, and as stated above, the sale and
distribution of these devices to minors remains prohibited. Although
teachers are not always aware of the use, students detect e-cigarette
usage because of the distinctive odors produced by e-cigarettes.
Furthermore, e-cigarettes may not be included under tobacco-free school
regulations because the devices do not contain any tobacco. Despite the
absence of tobacco and the prohibition against the sale of these devices
to minors, e-cigarette use by children and teens remains prevalent and
should be robustly discouraged. Unknown health consequences and the
ubiquitous nature of e-cigarettes make these devices especially concern-
ing. By prohibiting the use of these devices on school grounds, the
State of New York renews its commitment to preventing childhood and
teenage smoking.
LEGISLATIVE HISTORY:
2015-16: A.7154-C - Reported to Codes; S.4188-C - Passed Senate
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This bill shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
611
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
___________
Introduced by M. of A. ROSENTHAL, GALEF, ABINANTI -- read once and
referred to the Committee on Health
AN ACT to amend the public health law, in relation to prohibiting e-ci-
garettes on school grounds
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1399-o of the public health law is amended by
2 adding a new subdivision 5 to read as follows:
3 5. a. Use of an electronic cigarette or e-cigarette shall not be
4 permitted on school grounds, as defined in subdivision six of section
5 thirteen hundred ninety-nine-n of this article.
6 b. "Electronic cigarette" or "e-cigarette" shall have the same meaning
7 as in subdivision thirteen of section thirteen hundred ninety-nine-aa of
8 this chapter.
9 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01781-01-7
