New York A 5796: Prohibits vaping in educational institutions; requires educational institutions to educate communities about health risks associated with vaping

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A05796 Summary:

BILL NOA05796 

&nbsp

SAME ASSAME AS S09095

&nbsp

SPONSORSolages

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COSPNSRGray, Brown K

&nbsp

MLTSPNSR

&nbsp

Amd §§1399-o & 1399-p, Pub Health L

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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.

Go to top A05796 Actions:

BILL NOA05796 

&nbsp

02/20/2025referred to health

01/07/2026referred to health

Go to topA05796 Committee&nbspVotes:

Go to topA05796 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05796 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5796

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 20, 2025
 ___________

 Introduced by M. of A. SOLAGES, GRAY, K. BROWN -- 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.
 LBD08223-01-5

 A. 5796 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 articl