Assembly Bill A7362

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

                                  7362

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 31, 2009
                               ___________

Introduced  by  M. of A. MILLER, BENJAMIN -- Multi-Sponsored by -- M. of
  A. MAYERSOHN, McDONOUGH -- read once and referred to the Committee  on
  Health

AN  ACT  to  amend  the  public  health  law,  in  relation  to  smoking
  restrictions in certain outdoor areas

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Legislative intent.  The legislature recognizes that expo-
sure to second-hand smoke is known to cause cancer,  pneumonia,  asthma,
bronchitis,  and  heart  disease  in  humans. The legislature finds that
prohibiting smoking within a presumptively reasonable  minimum  distance
of fifteen feet from entrances and exits that serve enclosed areas where
smoking  is prohibited is consistent with such prohibition.  This legis-
lation will apply to any individual occupying such area with the purpose
of smoking, but provides exceptions for individuals passing through such
area. Therefore, the legislature finds that smoking in such  area  shall
be  prohibited  and owners and other individuals in control of such area
are recommended to post signs indicating no smoking areas and  providing
for fines for violations.
  S 2. The public health law is amended by adding a new section 1399-o-1
to read as follows:
  S  1399-O-1.  SMOKING RESTRICTIONS; CERTAIN OUTDOOR AREAS.  1. SMOKING
IS PROHIBITED WITHIN A  PRESUMPTIVELY  REASONABLE  MINIMUM  DISTANCE  OF
FIFTEEN  FEET  FROM ENTRANCES OR EXITS THAT SERVE AN ENCLOSED AREA WHERE
SMOKING IS PROHIBITED PURSUANT TO SECTION THIRTEEN HUNDRED NINETY-NINE-O
OF THIS ARTICLE.  SUCH DISTANCE SHALL BECOME  A  DESIGNATED  NO  SMOKING
ZONE.  THIS SECTION SHALL NOT APPLY TO AREAS WHERE A DISTANCE OF FIFTEEN
FEET  IS  UNATTAINABLE FOR REASONS INCLUDING BUT NOT LIMITED TO, CIRCUM-
STANCES PRESENTED BY LACK OF SUFFICIENT SPACE IN URBAN AREAS DUE TO LACK
OF ADEQUATE SIDEWALK SPACE OR CLOSE PROXIMITY TO TRANSPORTATION  INFRAS-
TRUCTURE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09672-01-9
              

A. 7362                             2

  2. LOCAL HEALTH DEPARTMENTS ARE AUTHORIZED TO ADOPT REGULATIONS AS ARE
REQUIRED  TO  IMPLEMENT THIS SECTION. ANY PENALTY ASSESSED AND RECOVERED
IN AN ACTION BROUGHT UNDER THIS SECTION SHALL BE PAID TO AND USED BY THE
MUNICIPALITY BRINGING THE ACTION.
  3.  THIS  SECTION  SHALL  NOT APPLY TO INDIVIDUALS WALKING THROUGH THE
DESIGNATED NO SMOKING ZONE OF SUCH AREA FOR THE PURPOSE  OF  GETTING  TO
ANOTHER  DESTINATION,  BUT SHALL ONLY APPLY TO INDIVIDUALS OCCUPYING THE
DESIGNATED NO SMOKING ZONE FOR THE PURPOSE OF SMOKING.
  4. ANY PERSON VIOLATING THE PROVISIONS OF THIS SECTION SHALL BE GUILTY
OF A VIOLATION, AND IS SUBJECT TO A FINE OF THIRTY-FIVE DOLLARS.
  5. THE COMMISSIONER SHALL RECOMMEND DESIGNS FOR  SIGNS  WHICH  MAY  BE
USED  BY THE OWNERS, OPERATORS, MANAGERS, EMPLOYERS OR OTHER PERSONS, AT
THEIR OPTION, WHO CONTROL AREAS WHERE SMOKING IS PROHIBITED PURSUANT  TO
SECTION THIRTEEN HUNDRED NINETY-NINE-O OF THIS ARTICLE. SUCH SIGNS SHALL
INCLUDE  THE WARNING THAT "SMOKING IN THIS AREA IS PUNISHABLE BY LAW AND
ALL VIOLATORS SHALL BE SUBJECT TO A FINE OF THIRTY-FIVE DOLLARS."
  6. NOTHING CONTAINED IN THIS SECTION IS INTENDED TO  REGULATE  SMOKING
IN  A  PRIVATE  RESIDENCE  OR  IN THE GENERAL PUBLIC OUTDOORS, EXCEPTING
PLACES IN WHICH SMOKING IS PROHIBITED THROUGH THE LOCAL FIRE DEPARTMENT,
OR BY OTHER LAW, ORDINANCE, OR REGULATION.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.