Bill Text: NY A08069 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits vaping in educational institutions; requires educational institutions to educate communities about health risks associated with vaping and post no-vaping signage on educational institution premises.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced) 2024-05-14 - enacting clause stricken [A08069 Detail]

Download: New_York-2023-A08069-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8069

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                   September 27, 2023
                                       ___________

        Introduced  by  M.  of A. GRAY, BLANKENBUSH -- read once and referred to
          the Committee on Health

        AN ACT to amend the public health law, in relation  to  prohibiting  the
          use  of  vaping  devices  and  the consumption of vaporized substances
          within educational institutions

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision 5 of section 1399-o of the public health law,
     2  as added by chapter 102 of the laws of  2017,  is  amended  to  read  as
     3  follows:
     4    5.  a.  [Use  of  an  electronic  cigarette or e-cigarette] Vaping, as
     5  defined in subdivision nine of section thirteen hundred ninety-nine-n of
     6  this article, shall not be permitted [on school grounds, as  defined  in
     7  subdivision  six of section thirteen hundred ninety-nine-n of this arti-
     8  cle] in any educational institution.
     9    b. ["Electronic cigarette" or "e-cigarette" shall have the same  mean-
    10  ing  as in subdivision thirteen of section thirteen hundred ninety-nine-
    11  aa of this chapter.] "Educational institution" shall mean any  building,
    12  structure,  and surrounding outdoor grounds contained within a public or
    13  private school, including pre-schools, nursery schools, primary schools,
    14  secondary schools, and higher education institutions,  including  class-
    15  rooms,  libraries,  laboratories,  restrooms,  cafeterias, and all other
    16  indoor and outdoor areas owned or operated  by  the  educational  insti-
    17  tutions.
    18    c.  Educational  institutions shall educate students, teachers, staff,
    19  and parents about the health risks associated with  vaping  and  provide
    20  information on available resources for smoking cessation.
    21    d.  (i)  School  administrators, teachers, resource officers and staff
    22  members shall be responsible for  monitoring  and  enforcing  compliance
    23  with this subdivision.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13219-01-3
        A. 8069                             2

     1    (ii)  Violators  of  this  subdivision shall be subject to appropriate
     2  disciplinary action, pursuant to the policies of the  respective  educa-
     3  tional institution.
     4    (iii)  In  case  of repeated violations or non-compliance, educational
     5  institutions may report the matter to the  appropriate  authorities  for
     6  further legal action, pursuant to applicable laws and regulations.
     7    (iv)  The department of education, in cooperation with the department,
     8  shall develop an audio and online reporting  program  for  incidents  of
     9  persistent occurrences.
    10    e.  (i) The department of education shall provide support and guidance
    11  to educational institutions in implementing and enforcing the provisions
    12  of this subdivision.
    13    (ii) Government agencies, including but not limited to  county  public
    14  health  and  nonprofit organizations, shall collaborate with educational
    15  institutions to develop educational  programs  and  awareness  campaigns
    16  highlighting the risks and consequences of vaping.
    17    §  2.  Subdivision  3  of  section 1399-p of the public health law, as
    18  amended by chapter 335 of the laws  of  2017,  is  amended  to  read  as
    19  follows:
    20    3. The provisions of this section shall apply to after-school programs
    21  that  are subject to the provisions of subdivision four of section thir-
    22  teen hundred ninety-nine-o of this article and educational  institutions
    23  that  are subject to the provisions of subdivision five of section thir-
    24  teen hundred ninety-nine-o of this article, provided that  signs  posted
    25  pursuant  to  this  subdivision  shall  specify the specific time period
    26  during which smoking and vaping shall be prohibited.
    27    § 3. This act shall take effect August 1, 2024. Effective immediately,
    28  the addition, amendment and/or repeal of any rule or  regulation  neces-
    29  sary  for  the  implementation  of  this  act  on its effective date are
    30  authorized to be made and completed on or before such effective date.