The New York State Senate

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

    S. 3461                                                  A. 5516

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 23, 2011
                               ___________

IN  SENATE  --  Introduced  by Sens. FUSCHILLO, CARLUCCI, OPPENHEIMER --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Health

IN  ASSEMBLY  -- Introduced by M. of A. JAFFEE -- read once and referred
  to the Committee on Health

AN ACT to amend the public health law, in relation to prohibiting  smok-
  ing on waiting and platform areas of transportation terminals

  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,  as  amended  by
chapter 13 of the laws of 2003, subdivision 13 as amended by chapter 154
of the laws of 2008, is amended to read as follows:
  S  1399-o. Smoking restrictions. 1. Smoking shall not be permitted and
no person shall smoke in the following indoor areas:
  [1.] A. places of employment;
  [2.] B. bars;
  [3.] C. food service establishments, except as provided in subdivision
six of section thirteen hundred ninety-nine-q of this article;
  [4.] D. enclosed indoor areas open to the public containing a swimming
pool;
  [5.] E. public means of mass transportation, including subways, under-
ground subway stations, and when occupied by  passengers,  buses,  vans,
taxicabs and limousines;
  [6.] F. ticketing, boarding and waiting areas in public transportation
terminals;
  [7.]  G.  youth  centers  and  facilities  for detention as defined in
sections five hundred twenty-seven-a and five hundred three of the exec-
utive law;
  [8.] H. any facility that provides child care services as  defined  in
section  four  hundred  ten-p  of the social services law, provided that

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08693-02-1

S. 3461                             2                            A. 5516

such services provided in a private home are excluded from this subdivi-
sion when children enrolled in such day care are not present;
  [9.]  I.  child  day  care centers as defined in section three hundred
ninety of the social services law and child day care centers licensed by
the city of New York;
  [10.] J. group homes for children as defined in section three  hundred
seventy-one of the social services law;
  [11.]  K. public institutions for children as defined in section three
hundred seventy-one of the social services law;
  [12.] L. residential treatment facilities for children  and  youth  as
defined in section 1.03 of the mental hygiene law;
  [13.]  M.  all  public  and  private  colleges, universities and other
educational and vocational institutions,  including  dormitories,  resi-
dence  halls,  and  other group residential facilities that are owned or
operated by such colleges, universities and other educational and  voca-
tional  institutions,  except that these restrictions shall not apply in
any off-campus residential unit occupied by a person who is not enrolled
as an undergraduate student in such college, university or other  educa-
tional or vocational institution;
  [14.]  N.  general hospitals and residential health care facilities as
defined in article twenty-eight of this chapter, and other  health  care
facilities  licensed  by  the  state  in which persons reside; provided,
however, that the provisions of  this  subdivision  shall  not  prohibit
smoking  by  patients  in  separate enclosed rooms of residential health
care facilities, adult care facilities established  or  certified  under
title  two of article seven of the social services law, community mental
health residences established under section 41.44 of the mental  hygiene
law,  or facilities where day treatment programs are provided, which are
designated as smoking rooms for patients of such facilities or programs;
  [15.] O. commercial establishments used for the purpose of carrying on
or exercising any trade, profession, vocation or charitable activity;
  [16.] P. indoor arenas;
  [17.] Q. zoos; and
  [18.] R. bingo facilities.
  2. SMOKING SHALL NOT BE PERMITTED AND NO PERSON  SHALL  SMOKE  IN  THE
FOLLOWING  OUTDOOR AREAS: TICKETING, BOARDING, WAITING OR PLATFORM AREAS
OF PUBLIC TRANSPORTATION TERMINALS.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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

    S. 3461--B                                            A. 5516--B
    Cal. No. 387

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 23, 2011
                               ___________

IN  SENATE -- Introduced by Sens. FUSCHILLO, ADAMS, CARLUCCI, OPPENHEIM-
  ER, PERKINS -- read twice and ordered printed, and when printed to  be
  committed  to  the  Committee  on Health -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  reported  favorably 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

IN  ASSEMBLY  --  Introduced  by  M.  of  A.  JAFFEE,  ORTIZ, P. RIVERA,
  N. RIVERA, DINOWITZ, CAMARA, GABRYSZAK, WEPRIN --  Multi-Sponsored  by
  --  M.  of  A.  ABINANTI,  WEISENBERG -- read once and referred to the
  Committee on Health -- committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee -- reported and
  referred  to  the  Committee  on  Codes  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT to amend the public health law, in relation to prohibiting smok-
  ing on waiting and platform areas of railroad stations operated by the
  metropolitan transportation authority or its subsidiaries

  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, as amended by
chapter 13 of the laws of 2003, subdivision 13 as amended by chapter 154
of the laws of 2008, is amended to read as follows:
  S 1399-o. Smoking restrictions. 1. Smoking shall not be permitted  and
no person shall smoke in the following indoor areas:
  [1.] A. places of employment;
  [2.] B. bars;
  [3.] C. food service establishments, except as provided in subdivision
six of section thirteen hundred ninety-nine-q of this article;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08693-05-1

S. 3461--B                          2                         A. 5516--B

  [4.] D. enclosed indoor areas open to the public containing a swimming
pool;
  [5.] E. public means of mass transportation, including subways, under-
ground  subway  stations,  and when occupied by passengers, buses, vans,
taxicabs and limousines;
  [6.] F. ticketing, boarding and waiting areas in public transportation
terminals;
  [7.] G. youth centers and  facilities  for  detention  as  defined  in
sections five hundred twenty-seven-a and five hundred three of the exec-
utive law;
  [8.]  H.  any facility that provides child care services as defined in
section four hundred ten-p of the social  services  law,  provided  that
such services provided in a private home are excluded from this subdivi-
sion when children enrolled in such day care are not present;
  [9.]  I.  child  day  care centers as defined in section three hundred
ninety of the social services law and child day care centers licensed by
the city of New York;
  [10.] J. group homes for children as defined in section three  hundred
seventy-one of the social services law;
  [11.]  K. public institutions for children as defined in section three
hundred seventy-one of the social services law;
  [12.] L. residential treatment facilities for children  and  youth  as
defined in section 1.03 of the mental hygiene law;
  [13.]  M.  all  public  and  private  colleges, universities and other
educational and vocational institutions,  including  dormitories,  resi-
dence  halls,  and  other group residential facilities that are owned or
operated by such colleges, universities and other educational and  voca-
tional  institutions,  except that these restrictions shall not apply in
any off-campus residential unit occupied by a person who is not enrolled
as an undergraduate student in such college, university or other  educa-
tional or vocational institution;
  [14.]  N.  general hospitals and residential health care facilities as
defined in article twenty-eight of this chapter, and other  health  care
facilities  licensed  by  the  state  in which persons reside; provided,
however, that the provisions of  this  subdivision  shall  not  prohibit
smoking  by  patients  in  separate enclosed rooms of residential health
care facilities, adult care facilities established  or  certified  under
title  two of article seven of the social services law, community mental
health residences established under section 41.44 of the mental  hygiene
law,  or facilities where day treatment programs are provided, which are
designated as smoking rooms for patients of such facilities or programs;
  [15.] O. commercial establishments used for the purpose of carrying on
or exercising any trade, profession, vocation or charitable activity;
  [16.] P. indoor arenas;
  [17.] Q. zoos; and
  [18.] R. bingo facilities.
  2. SMOKING SHALL NOT BE PERMITTED AND NO PERSON  SHALL  SMOKE  IN  THE
FOLLOWING  OUTDOOR AREAS: TICKETING, BOARDING, WAITING OR PLATFORM AREAS
OF RAILROAD STATIONS OPERATED BY THE METROPOLITAN TRANSPORTATION AUTHOR-
ITY OR ITS SUBSIDIARIES.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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

    S. 3461--C                                            A. 5516--C
    Cal. No. 387

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 23, 2011
                               ___________

IN  SENATE -- Introduced by Sens. FUSCHILLO, ADAMS, CARLUCCI, OPPENHEIM-
  ER, PERKINS -- read twice and ordered printed, and when printed to  be
  committed  to  the  Committee  on Health -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  reported  favorably 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 -- again
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

IN  ASSEMBLY  --  Introduced  by  M.  of  A.  JAFFEE,  ORTIZ, P. RIVERA,
  N. RIVERA, DINOWITZ, CAMARA, GABRYSZAK, WEPRIN, LIFTON --  Multi-Spon-
  sored by -- M. of A. ABINANTI, WEISENBERG -- read once and referred to
  the Committee on Health -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee -- reported and
  referred  to  the  Committee  on  Codes  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  again  reported  from said committee with amendments, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public health law, in relation to prohibiting  smok-
  ing on waiting and platform areas of railroad stations operated by the
  metropolitan transportation authority or its subsidiaries

  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,  as  amended  by
chapter 13 of the laws of 2003, subdivision 13 as amended by chapter 154
of the laws of 2008, is amended to read as follows:
  S  1399-o. Smoking restrictions. 1. Smoking shall not be permitted and
no person shall smoke in the following indoor areas:
  [1.] A. places of employment;
  [2.] B. bars;

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

                                                           LBD08693-06-1

S. 3461--C                          2                         A. 5516--C

  [3.] C. food service establishments, except as provided in subdivision
six of section thirteen hundred ninety-nine-q of this article;
  [4.] D. enclosed indoor areas open to the public containing a swimming
pool;
  [5.] E. public means of mass transportation, including subways, under-
ground  subway  stations,  and when occupied by passengers, buses, vans,
taxicabs and limousines;
  [6.] F. ticketing, boarding and waiting areas in public transportation
terminals;
  [7.] G. youth centers and  facilities  for  detention  as  defined  in
sections five hundred twenty-seven-a and five hundred three of the exec-
utive law;
  [8.]  H.  any facility that provides child care services as defined in
section four hundred ten-p of the social  services  law,  provided  that
such services provided in a private home are excluded from this subdivi-
sion when children enrolled in such day care are not present;
  [9.]  I.  child  day  care centers as defined in section three hundred
ninety of the social services law and child day care centers licensed by
the city of New York;
  [10.] J. group homes for children as defined in section three  hundred
seventy-one of the social services law;
  [11.]  K. public institutions for children as defined in section three
hundred seventy-one of the social services law;
  [12.] L. residential treatment facilities for children  and  youth  as
defined in section 1.03 of the mental hygiene law;
  [13.]  M.  all  public  and  private  colleges, universities and other
educational and vocational institutions,  including  dormitories,  resi-
dence  halls,  and  other group residential facilities that are owned or
operated by such colleges, universities and other educational and  voca-
tional  institutions,  except that these restrictions shall not apply in
any off-campus residential unit occupied by a person who is not enrolled
as an undergraduate student in such college, university or other  educa-
tional or vocational institution;
  [14.]  N.  general hospitals and residential health care facilities as
defined in article twenty-eight of this chapter, and other  health  care
facilities  licensed  by  the  state  in which persons reside; provided,
however, that the provisions of  this  subdivision  shall  not  prohibit
smoking  by  patients  in  separate enclosed rooms of residential health
care facilities, adult care facilities established  or  certified  under
title  two of article seven of the social services law, community mental
health residences established under section 41.44 of the mental  hygiene
law,  or facilities where day treatment programs are provided, which are
designated as smoking rooms for patients of such facilities or programs;
  [15.] O. commercial establishments used for the purpose of carrying on
or exercising any trade, profession, vocation or charitable activity;
  [16.] P. indoor arenas;
  [17.] Q. zoos; and
  [18.] R. bingo facilities.
  2. SMOKING SHALL NOT BE PERMITTED AND NO PERSON  SHALL  SMOKE  IN  THE
FOLLOWING  OUTDOOR AREAS: TICKETING, BOARDING OR PLATFORM AREAS OF RAIL-
ROAD STATIONS OPERATED BY THE METROPOLITAN TRANSPORTATION  AUTHORITY  OR
ITS SUBSIDIARIES.
  S  2. Section 1399-x of the public health law, as added by chapter 244
of the laws of 1989, is amended to read as follows:
  S 1399-x. Rules and regulations.  The commissioner shall  not  promul-
gate  any  rules  or regulations to effectuate the provisions of section

S. 3461--C                          3                         A. 5516--C

thirteen hundred ninety-nine-n, [subdivision six] PARAGRAPH F OF  SUBDI-
VISION  ONE of section thirteen hundred ninety-nine-o or subdivision one
of section thirteen hundred ninety-nine-p of this article.  The  commis-
sioner  shall not promulgate any rules or regulations that create, limit
or enlarge any smoking restrictions.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.