senate Bill S1987A

Signed By Governor
2013-2014 Legislative Session

Prohibits smoking on the grounds of general hospitals and residential health care facilities

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Archive: Last Bill Status Via A1115 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 31, 2013 signed chap.179
Jul 19, 2013 delivered to governor
Jun 21, 2013 returned to assembly
passed senate
3rd reading cal.662
substituted for s1987a
Jun 21, 2013 substituted by a1115a
Jun 03, 2013 amended on third reading 1987a
May 23, 2013 advanced to third reading
May 22, 2013 2nd report cal.
May 21, 2013 1st report cal.662
Jan 09, 2013 referred to health

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S1987 - Bill Details

See Assembly Version of this Bill:
A1115A
Law Section:
Public Health Law
Laws Affected:
Amd §1399-o, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
S7527, A10307

S1987 - Bill Texts

view summary

Prohibits smoking on the grounds of general hospitals and residential health care facilities.

view sponsor memo
BILL NUMBER:S1987

TITLE OF BILL: An act to amend the public health law, in relation to
prohibiting smoking on hospital grounds and residential health care
facilities

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to prohib-
it smoking on the campus grounds and within fifteen feet of the property
lines of general hospitals, residential health care facilities and other
health care facilities licensed by the state in which persons reside.

SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill amends public
health law section 1399-0 to add a new paragraph b to subsection 2 of
that section Prohibiting smoking in outdoor areas of hospital grounds,
and within fifteen feet of such grounds or entrance or exit of such
facilities. This section also amends subsection 2 of such section to
include paragraphs "a" and "b". Section two of the bill sets forth the
effective date.

JUSTIFICATION: The facts are clear, secondhand smoke kills. Nationwide,
it has been linked to over 46,000 deaths annually from heart disease and
3,600 deaths from lung cancer in nonsmokers. Additionally, secondhand
smoke is responsible for lung infections and ear infections in children,
as well as exacerbation of childhood asthma and hospitalizations related
to all of these maladies.

Health care facilities are the places we go to get treatment, heal and
recover from serious health concerns. They should not be the place where
our health concerns start or are worsened. No child leaving a hospital
after suffering a life-threatening asthma attack should be forced to
walk through a cloud of secondhand smoke, a known asthma trigger. Hospi-
tals and other residential health care facilities are not only the plac-
es where the most vulnerable among us must go to heal, but they are also
the places where the example of smoke-free positive health practices
should be conspicuous.

Smoking within these health care facilities is already prohibited under
state law. The City of New York instituted a smoking ban within 15 feet
of hospital grounds, entrances and exits in 2009. In addition to this,
over 100 hospitals in New York State have already voluntarily instituted
such smoking bans. This bill is necessary to extend the prohibition
statewide, protecting those living, working and visiting in health care
facilities from exposure to the life-threatening dangers of secondhand
smoke.

PRIOR LEGISLATIVE HISTORY: S. 7527 - 2012

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after it
shall have become law.

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

                                  1987

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to prohibiting  smok-
  ing on hospital grounds and residential health care facilities

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

  Section 1. Subdivision 2 of section 1399-o of the public  health  law,
as  added  by  chapter  389  of  the laws of 2011, is amended to read as
follows:
  2. Smoking shall not be permitted and no person  shall  smoke  in  the
following outdoor areas:
  A. ticketing, boarding or platform areas of railroad stations operated
by the metropolitan transportation authority or its subsidiaries.
  B.  ON  THE  GROUNDS  OF 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,
WITHIN  FIFTEEN  FEET  OF  A BUILDING ENTRANCE OR EXIT OR WITHIN FIFTEEN
FEET OF THE ENTRANCE TO OR EXIT FROM THE GROUNDS  OF  ANY  SUCH  GENERAL
HOSPITAL, RESIDENTIAL HEALTH CARE FACILITY OR OTHER HEALTH CARE FACILITY
LICENSED BY THE STATE IN WHICH PERSONS RESIDE.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02673-01-3

Co-Sponsors

S1987A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1115A
Law Section:
Public Health Law
Laws Affected:
Amd §1399-o, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
S7527, A10307

S1987A (ACTIVE) - Bill Texts

view summary

Prohibits smoking on the grounds of general hospitals and residential health care facilities.

view sponsor memo
BILL NUMBER:S1987A

TITLE OF BILL: An act to amend the public health law, in relation to
prohibiting smoking on hospital grounds and residential health care
facilities

PURPOSE OR GENERAL IDEA OF BILL: To prohibit smoking on the campus
grounds and within 15 feet of the property lines of hospitals and
residential health care facilities.

SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill amends Section
1399-o of the Public Health Law to prohibit smoking outdoors on the
grounds of hospitals and residential health care facilities, including
within 15 feet of a building entrance or exit or within 15 feet of the
entrance to or exit from the grounds. However, residential health care
facilities may allow patients or guests of patients to smoke outdoors
in a separate area on the grounds designated as a smoking area by the
facility.

Section two of the bill sets forth the effective date.

JUSTIFICATION: The facts are clear, secondhand smoke kills,
Nationwide, it has been linked to over 46,000 deaths annually from
heart disease and 3,600 deaths from lung cancer in nonsmokers.
Additionally, secondhand smoke is responsible for lung infections and
ear infections in children, as well as exacerbation of childhood
asthma and hospitalizations related to al! of these maladies.

Health care facilities are the places we go to get treatment, heal and
recover from serious health concerns. They should not be the place
where our health concerns start or are worsened. No child leaving a
hospital after suffering a life-threatening asthma attack should be
forced to walk through a cloud of secondhand smoke, a known asthma
trigger. Hospitals and other residential health care facilities are
not only the places where the most vulnerable among us must go to
heal, but they are also the places where the example of smoke-free
positive health, practices should be conspicuous.

Smoking within these health care facilities is already prohibited
under state law. The City of New York instituted a smoking ban within
15 feet of hospital grounds, entrances and exits in 2009. In addition
to this, over 100 hospitals in New York State have already voluntarily
instituted such smoking bans. This bill is necessary to extend the
prohibition statewide, protecting those living, working and visiting
in health care facilities from exposure to the life-threatening
dangers of secondhand smoke.

PRIOR LEGISLATIVE HISTORY: 2012: A.10307 was referred to the Health
Committee.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall have become law.


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

                                 1987--A
    Cal. No. 662

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. MARTINS, AVELLA, FUSCHILLO, RANZENHOFER, RIVERA --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Health  -- 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

AN ACT to amend the public health law, in relation to prohibiting  smok-
  ing on hospital grounds and residential health care facilities

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

  Section 1. Subdivision 2 of section 1399-o of the public  health  law,
as  added  by  chapter  389  of  the laws of 2011, is amended to read as
follows:
  2. Smoking shall not be permitted and no person  shall  smoke  in  the
following outdoor areas:
  A. ticketing, boarding or platform areas of railroad stations operated
by the metropolitan transportation authority or its subsidiaries.
  B.  ON  THE  GROUNDS  OF GENERAL HOSPITALS AND RESIDENTIAL HEALTH CARE
FACILITIES AS DEFINED IN ARTICLE TWENTY-EIGHT OF  THIS  CHAPTER,  WITHIN
FIFTEEN  FEET  OF  A BUILDING ENTRANCE OR EXIT OR WITHIN FIFTEEN FEET OF
THE ENTRANCE TO OR EXIT FROM THE GROUNDS OF ANY SUCH GENERAL HOSPITAL OR
RESIDENTIAL HEALTH CARE FACILITY.  THIS SUBDIVISION SHALL  NOT  PROHIBIT
SMOKING BY A PATIENT OR A VISITOR OR GUEST OF A PATIENT OF A RESIDENTIAL
HEALTH  CARE  FACILITY IN A SEPARATE AREA ON THE GROUNDS DESIGNATED AS A
SMOKING AREA BY THE RESIDENTIAL  HEALTH  CARE  FACILITY,  PROVIDED  SUCH
DESIGNATED SMOKING AREA IS NOT WITHIN THIRTY FEET OF ANY BUILDING STRUC-
TURE (OTHER THAN A NON-RESIDENTIAL STRUCTURE WHOLLY CONTAINED WITHIN THE
DESIGNATED  SMOKING  AREA),  INCLUDING  ANY  OVERHANG,  CANOPY,  AWNING,
ENTRANCE, EXIT, WINDOW, INTAKE OR EXHAUST.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
S                                                          LBD02673-05-3

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