S T A T E O F N E W Y O R K
I N S E N A T E
March 29, 2012
Introduced by Sen. RIVERA -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law and the education law, in relation
to prohibiting smoking within 100 feet of the entrances or exits of
any public or private educational institutions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1399-o of the public health law is amended by
adding a new subdivision 3 to read as follows:
3. SMOKING SHALL NOT BE PERMITTED AND NO PERSON SHALL SMOKE WITHIN ONE
HUNDRED FEET OF THE ENTRANCES, EXITS OR OUTDOOR AREAS OF ANY PUBLIC OR
PRIVATE ELEMENTARY OR SECONDARY SCHOOLS.
S 2. Subdivision 2 of section 409 of the education law, as amended by
chapter 13 of the laws of 2003, is amended to read as follows:
2. Notwithstanding the provisions of any other law, rule or regu-
lation, tobacco use shall not be permitted and no person shall use
tobacco on school grounds. "School grounds" means any building, struc-
ture and surrounding outdoor grounds, INCLUDING ENTRANCES OR EXITS,
contained within a public or private pre-school, nursery school, elemen-
tary or secondary school's legally defined property boundaries as regis-
tered in a county clerk's office.
S 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.