BILL NUMBER:  S750

 TITLE OF BILL :

An act to amend the public health law, in relation to prohibiting
e-cigarettes on school grounds

 PURPOSE :

This bill prohibits the use of e-cigarettes on school grounds.

 SUMMARY OF PROVISIONS :

Section 1 amends § 1399-o of the Public Health Law by adding a new
subdivision 5 prohibiting the use of an electronic cigarette or
e-cigarette on school grounds. School grounds are defined under §
1399-n(6) of the Public Health Law. Electronic cigarettes or
e-cigarettes shall have the same meaning as § 1399-aa(13) of the
Public Health Law.

Section 2 is the effective date.

 EXISTING LAW :

Article 13-E regulates smoking in certain public areas. Section 1399-n
provides the definitions for the purposes of this article. Section
              

1399-n(6) defines school grounds to mean any building, structure, and
surrounding outdoor grounds contained within a public or private
pre-school, nursery school, elementary or secondary school's legally
defined property boundaries as registered in a county clerk's office
and any vehicles used to transport children or personnel.

Article 13-F regulates tobacco products, herbal cigarettes, and
smoking paraphernalia and the distribution to minors. Section 1399-aa
provides the definitions for the purposes of this article. Section
1399-aa(13) defines electronic cigarette or e-cigarette means an
electronic device that delivers vapor which is inhaled by an
individual user, and shall include any refill, cartridge and any other
component of such a device.

Current law does not prohibit electronic cigarettes or e-cigarettes on
school grounds.

 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-cigarettes 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 cigarettes 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 within a public or private pre-school, nursery
school, elementary or secondary 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-cigarettes 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 devises
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 concerning. By prohibiting the possession of these
devices on school grounds the State of New York renews its commitment
to preventing childhood and teenage smoking.

 LEGISLATIVE HISTORY :

2016: S.4188-C Passed Senate.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.