senate Bill S6854A

Amended

Prohibits smoking within 100 feet of the entrances or exits of any public or private educational institutions

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 29 / Mar / 2012
    • REFERRED TO HEALTH
  • 15 / May / 2012
    • 1ST REPORT CAL.816
  • 16 / May / 2012
    • 2ND REPORT CAL.
  • 21 / May / 2012
    • ADVANCED TO THIRD READING
  • 04 / Jun / 2012
    • AMENDED ON THIRD READING 6854A
  • 14 / Jun / 2012
    • AMENDED ON THIRD READING 6854B
  • 18 / Jun / 2012
    • SUBSTITUTED BY A10141B

Summary

Prohibits smoking within 100 feet of the entrances or exits of any public or private educational institution; exempts smoking in or around a private residence.

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Bill Details

See Assembly Version of this Bill:
A10141A
Versions:
S6854
S6854A
S6854B
Legislative Cycle:
2011-2012
Law Section:
Public Health Law
Laws Affected:
Amd §1399-o, Pub Health L; amd §409, Ed L

Sponsor Memo

BILL NUMBER:S6854A

TITLE OF BILL:
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

PURPOSE:
To prohibit smoking within one hundred feet of entrances or exits of
any public or private educational institutions or secondary schools.

SUMMARY OF PROVISIONS:
Section 1399-0 of the public health law is amended by adding a new
subdivision that would prohibit smoking within one hundred feet of
entrances, exits or outdoor areas of any public or private elementary
or secondary schools. This provision would not apply to smoking in a
residence, or within the real property boundary lines of such
residential real property.

Subdivision 2 of section 409 of the education law is amended by
adding: "including entrances or exits" to the definition of "school
grounds."

JUSTIFICATION:
The Clean Indoor Air Act, enacted in 2003, banned smoking in all
workplaces across the State.
Since 2003, smokers have been forced to smoke outside and it has been
unfortunate to see many smokers consistently light up within close
proximity to the entrances or exits of buildings. This bill would
prohibit individuals from smoking outside the entrances and exits of
education institutions. This bill seeks to move smokers away from the
doorways in order to protect students wishing to enter and exit
educational institutions from unwanted exposure to secondhand smoke.

According to the Centers for Disease Control and Prevention,
secondhand smoke exposure causes acute lower respiratory infections
such as bronchitis and pneumonia in young children.

Along with respiratory symptoms such as coughing, wheezing, and
breathlessness among school-aged children and young adults, even
brief secondhand smoke exposure can damage cells in ways that set the
cancer process in motion.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect immediately.


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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6854--A
    Cal. No. 816

                            I N  S E N A T E

                             March 29, 2012
                               ___________

Introduced by Sens. RIVERA, ADAMS, HASSELL-THOMPSON, KRUEGER, OPPENHEIM-
  ER,  PARKER,  STAVISKY  --  read  twice  and ordered printed, and when
  printed to be committed to the Committee on Health -- reported favora-
  bly from said committee, ordered to first and second  report,  ordered
  to a third reading, amended and ordered reprinted, retaining its place
  in the order of third reading

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; PROVIDED, HOWEVER, THAT THE
PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO  SMOKING  IN  A  RESI-
DENCE,  OR  WITHIN  THE REAL PROPERTY BOUNDARY LINES OF SUCH RESIDENTIAL
REAL PROPERTY.
  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.
                                                           LBD14350-05-2

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