A05955 Summary:

COSPNSRDinowitz, Jaffee, Arroyo, Hooper, Englebright, Fahy, Zebrowski, Mosley, Magnarelli, Stirpe, Abinanti, Brindisi, Cahill, Ortiz, Galef, Linares, Ryan, Gottfried, Skoufis
MLTSPNSRBraunstein, Glick, Lopez, Perry, Rivera
Amd SS1399-n & 1399-q, Pub Health L
Makes the restrictions relating to smoking in public areas applicable to electronic cigarettes.
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A05955 Actions:

03/09/2015referred to health
04/22/2015reported referred to codes
04/27/2015amend and recommit to codes
04/27/2015print number 5955a
06/10/2015amend (t) and recommit to codes
06/10/2015print number 5955b
06/15/2015reported referred to rules
06/16/2015rules report cal.497
06/16/2015ordered to third reading rules cal.497
06/18/2015passed assembly
06/18/2015delivered to senate
01/06/2016DIED IN SENATE
01/06/2016ordered to third reading cal.225
06/15/2016passed assembly
06/15/2016delivered to senate
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A05955 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                      March 9, 2015
        Introduced  by  M.  of  A.  ROSENTHAL, DINOWITZ, JAFFEE, ARROYO, HOOPER,
          BRINDISI,  CAHILL -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, GLICK,
          PERRY, RIVERA -- read once and referred to the Committee on Health  --
          reported   and  referred  to  the  Committee  on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- again reported from said  committee  with  amend-
          ments, ordered reprinted as amended and recommitted to said committee
        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:
     1    Section 1. Subdivision 8 of section 1399-n of the public  health  law,
     2  as  amended  by  chapter  13 of the laws of 2003, is amended and two new
     3  subdivisions 9 and 10 are added to read as follows:
     4    8. "Smoking" means the burning of a lighted cigar, cigarette, pipe  or
     5  any  other matter or substance which contains tobacco, and the use of an
     6  electronic cigarette.
     7    9. "Electronic cigarette" or "e-cigarette" shall have the same meaning
     8  as in subdivision thirteen of section thirteen hundred ninety-nine-aa of
     9  this chapter.
    10    10.  "Retail electronic cigarette store" means a retail store  devoted
    11  primarily to the sale of electronic cigarettes, and in which the sale of
    12  other  products  is  merely  incidental. The sale of such other products
    13  shall be considered incidental if such sales generate less than  twenty-
    14  five percent of the total annual gross sales.
    15    §  2. Subdivisions 6 and 7 of section 1399-q of the public health law,
    16  as added by chapter 13 of the laws of 2003, are amended and a new subdi-
    17  vision 8 is added to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 5955--B                          2
     1    6. Outdoor dining areas of food service establishments with no roof or
     2  other ceiling enclosure; provided, however, that smoking may be  permit-
     3  ted  in  a  contiguous area designated for smoking so long as such area:
     4  (a) constitutes no more than twenty-five percent of the outdoor  seating
     5  capacity  of such food service establishment, (b) is at least three feet
     6  away from the outdoor area of such food service establishment not desig-
     7  nated for smoking, and (c) is clearly designated with written signage as
     8  a smoking area; [and]
     9    7. Enclosed rooms  in  food  service  establishments,  bars,  catering
    10  halls,  convention  halls,  hotel  and motel conference rooms, and other
    11  such similar facilities during the time such enclosed areas or rooms are
    12  being used exclusively for functions where the public is invited for the
    13  primary purpose of promoting and sampling tobacco products or electronic
    14  cigarettes, and the service of food and  drink  is  incidental  to  such
    15  purpose,  provided  that  the  sponsor  or organizer gives notice in any
    16  promotional  material  or  advertisements  that  smoking  will  not   be
    17  restricted, and prominently posts notice at the entrance of the facility
    18  and  has provided notice of such function to the appropriate enforcement
    19  officer, as defined in subdivision one of section thirteen hundred nine-
    20  ty-nine-t of this article, at least two weeks prior  to  such  function.
    21  The  enforcement  officer  shall  keep  a record of all tobacco sampling
    22  events, and such record shall be made available for  public  inspection.
    23  No  such  facility  shall permit smoking under this subdivision for more
    24  than two days in any calendar year[.]; and
    25    8. Retail electronic cigarette stores,  provided  however,  that  such
    26  stores may only permit the use of electronic cigarettes.
    27    §  3.  This  act shall take effect on the thirtieth day after it shall
    28  have become a law; provided, however, that  effective  immediately,  the
    29  addition,  amendment  and/or  repeal of any rule or regulation necessary
    30  for the implementation of section three of this  act  on  its  effective
    31  date  is  authorized  and directed to be made and completed on or before
    32  such effective date.
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