S T A T E O F N E W Y O R K
________________________________________________________________________
10046
I N A S S E M B L Y
June 10, 2014
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Pichardo) --
read once and referred to the Committee on Health
AN ACT to amend the public health law and the administrative code of the
city of New York, in relation to prohibiting the smoking of tobacco
products in or near after-school programs
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 4 to read as follows:
4. SMOKING SHALL NOT BE PERMITTED AND NO PERSON SHALL SMOKE WITHIN ONE
HUNDRED FEET OF THE ENTRANCES, EXITS OR OUTDOOR AREAS OF ANY
AFTER-SCHOOL PROGRAM LICENSED OR REGISTERED PURSUANT TO SECTION THREE
HUNDRED NINETY OF THE SOCIAL SERVICES LAW; PROVIDED, HOWEVER, THAT THE
PROVISIONS OF THIS SUBDIVISION SHALL ONLY APPLY ON THOSE DAYS AND DURING
THOSE HOURS IN WHICH SUCH AFTER-SCHOOL PROGRAMS ARE OPERATIONAL; AND
PROVIDED, FURTHER, THAT THE PROVISIONS OF THIS SUBDIVISION SHALL NOT
APPLY TO SMOKING IN A RESIDENCE, OR WITHIN THE REAL PROPERTY BOUNDARY
LINES OF SUCH RESIDENTIAL REAL PROPERTY.
S 2. Section 1399-p of the public health law is amended by adding a
new subdivision 3 to read as follows:
3. THE PROVISIONS OF THIS SECTION SHALL APPLY TO AFTER-SCHOOL PROGRAMS
THAT ARE SUBJECT TO THE PROVISIONS OF SUBDIVISION FOUR OF SECTION THIR-
TEEN HUNDRED NINETY-NINE-O OF THIS ARTICLE, PROVIDED THAT SIGNS POSTED
PURSUANT TO THIS SUBDIVISION SHALL SPECIFY THE SPECIFIC TIME PERIOD
DURING WHICH SMOKING SHALL BE PROHIBITED.
S 3. Section 21-120.1 of the administrative code of the city of New
York, as added by local law number 31 of the city of New York for the
year 2000, is amended by adding a new subdivision i to read as follows:
I. SMOKING SHALL NOT BE PERMITTED AND NO PERSON SHALL SMOKE WITHIN ONE
HUNDRED FEET OF THE ENTRANCES, EXITS OR OUTDOOR AREAS OF ANY
AFTER-SCHOOL PROGRAM LICENSED PURSUANT TO THIS SECTION; PROVIDED, HOWEV-
ER, THAT THE PROVISIONS OF THIS SUBDIVISION SHALL ONLY APPLY ON THOSE
DAYS AND DURING THOSE HOURS IN WHICH SUCH AFTER-SCHOOL PROGRAMS ARE
OPERATIONAL; AND PROVIDED THAT THE PROVISIONS OF THIS SUBDIVISION SHALL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13648-02-4
A. 10046 2
NOT APPLY TO SMOKING IN A RESIDENCE, OR WITHIN THE REAL PROPERTY BOUNDA-
RY LINES OF SUCH RESIDENTIAL REAL PROPERTY. SIGNS SHALL BE POSTED,
PURSUANT TO SUBDIVISION THREE OF SECTION THIRTEEN HUNDRED NINETY-NINE-P
OF THE PUBLIC HEALTH LAW, SPECIFYING THE SPECIFIC TIME PERIOD DURING
WHICH SMOKING SHALL BE PROHIBITED.
S 4. This act shall take effect on the thirtieth day after it shall
have become a law.