S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2202--A
           Cal. No. 393
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 21, 2015
                                      ___________
       Introduced  by  Sens.  HANNON, AVELLA, RITCHIE -- read twice and ordered
         printed, and when printed to be committed to the Committee  on  Health
         -- reported favorably from said committee, ordered to first and second
         report,  amended  on second report, ordered to a third reading, and to
         be reprinted as amended, retaining its place in  the  order  of  third
         reading
       AN  ACT  to  amend the public health law, in relation to including elec-
         tronic cigarettes within  provisions  regulating  smoking  in  certain
         public  areas and requiring vendors of electronic cigarettes to regis-
         ter
         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    S 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:
   18    6. Outdoor dining areas of food service establishments with no roof or
   19  other  ceiling enclosure; provided, however, that smoking may be permit-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07109-02-5
       S. 2202--A                          2
    1  ted in a contiguous area designated for smoking so long  as  such  area:
    2  (a)  constitutes no more than twenty-five percent of the outdoor seating
    3  capacity of such food service establishment, (b) is at least three  feet
    4  away from the outdoor area of such food service establishment not desig-
    5  nated for smoking, and (c) is clearly designated with written signage as
    6  a smoking area; [and]
    7    7.  Enclosed  rooms  in  food  service  establishments, bars, catering
    8  halls, convention halls, hotel and motel  conference  rooms,  and  other
    9  such similar facilities during the time such enclosed areas or rooms are
   10  being used exclusively for functions where the public is invited for the
   11  primary purpose of promoting and sampling tobacco products OR ELECTRONIC
   12  CIGARETTES,  and  the  service  of  food and drink is incidental to such
   13  purpose, provided that the sponsor or  organizer  gives  notice  in  any
   14  promotional   material  or  advertisements  that  smoking  will  not  be
   15  restricted, and prominently posts notice at the entrance of the facility
   16  and has provided notice of such function to the appropriate  enforcement
   17  officer, as defined in subdivision one of section thirteen hundred nine-
   18  ty-nine-t  of  this  article, at least two weeks prior to such function.
   19  The enforcement officer shall keep a  record  of  all  tobacco  sampling
   20  events,  and  such record shall be made available for public inspection.
   21  No such facility shall permit smoking under this  subdivision  for  more
   22  than two days in any calendar year[.]; AND
   23    8.  RETAIL  ELECTRONIC  CIGARETTE  STORES, PROVIDED HOWEVER, THAT SUCH
   24  STORES MAY ONLY PERMIT THE USE OF ELECTRONIC CIGARETTES.
   25    S 3. The public  health  law  is  amended  by  adding  a  new  section
   26  1399-dd-1 to read as follows:
   27    S  1399-DD-1.  REGISTRATION  OF VENDORS OF ELECTRONIC CIGARETTES.  ANY
   28  PERSON SELLING OR OFFERING FOR SALE ELECTRONIC CIGARETTES  THAT  IS  NOT
   29  OTHERWISE REGISTERED WITH THE DEPARTMENT OF TAXATION AND FINANCE TO SELL
   30  TOBACCO  PRODUCTS  AS  REQUIRED BY ARTICLE TWENTY OF THE TAX LAW AND THE
   31  REGULATIONS ADOPTED PURSUANT THERETO, SHALL REGISTER  WITH  THE  DEPART-
   32  MENT.  THE COMMISSIONER SHALL ADOPT REGULATIONS FOR THE ESTABLISHMENT OF
   33  A REGISTRY AND TO ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
   34    S 4. This act shall take effect on the thirtieth day  after  it  shall
   35  have  become  a  law;  provided, however, that section three of this act
   36  shall take effect the first day of the month commencing  after  the  one
   37  hundred  eightieth day after this act shall have become a law; provided,
   38  however, that effective  immediately,  the  addition,  amendment  and/or
   39  repeal  of  any  rule  or regulation necessary for the implementation of
   40  section three of this act  on  its  effective  date  is  authorized  and
   41  directed to be made and completed on or before such effective date.