Senate Bill S6540

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

                                  6540

                            I N  S E N A T E

                            January 22, 2016
                               ___________

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

AN ACT to amend the education law, in relation to prohibiting the use of
  smokeless tobacco on school grounds

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

  Section  1.  Subdivision  2  of  section  409 of the education law, as
amended by chapter 449 of the laws of  2012,  is  amended  and  two  new
subdivisions 3 and 4 are added 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 OR SMOKELESS TOBACCO on school grounds.
  (A)  "School  grounds"  means  any building, structure and surrounding
outdoor grounds, including entrances or exits, contained within a public
or private pre-school, nursery school, elementary or secondary  school's
legally  defined  property  boundaries as registered in a county clerk's
office.
  (B) "SMOKELESS TOBACCO"  MEANS  ANY  PRODUCT  THAT  CONSISTS  OF  CUT,
GROUND,  POWDERED,  OR LEAF TOBACCO THAT IS INTENDED TO BE PLACED BY THE
CONSUMER IN AN ORAL CAVITY.
  3. THE BOARD OF EDUCATION OF EACH SCHOOL  DISTRICT  SHALL  ENSURE  THE
PLACEMENT,  IN  EVERY PUBLIC ENTRANCE TO A PUBLIC SCHOOL BUILDING IN ITS
DISTRICT, OF A SIGN WHICH SHALL BE LOCATED SO AS TO BE  CLEARLY  VISIBLE
TO THE PUBLIC AND SHALL CONTAIN LETTERS WHICH CONTRAST IN COLOR WITH THE
SIGN,  INDICATING  THAT  THE  USE  OF  TOBACCO  AND SMOKELESS TOBACCO IS
PROHIBITED THEREIN.
  (A) THE BOARD OF EDUCATION OF EACH SCHOOL  DISTRICT  SHALL  ORDER  ANY
PERSON  USING  TOBACCO OR SMOKELESS TOBACCO IN VIOLATION OF THIS SECTION
TO COMPLY WITH THE PROVISIONS  OF  THIS  SECTION.  EXCEPT  AS  OTHERWISE
PROVIDED  PURSUANT  TO SUBDIVISION FOUR OF THIS SECTION, A PERSON, AFTER
BEING SO ORDERED, WHO USES TOBACCO AND/OR SMOKELESS TOBACCO IN VIOLATION
OF THIS SECTION IS SUBJECT TO A  FINE  OF  NOT  LESS  THAN  ONE  HUNDRED
DOLLARS  FOR THE FIRST OFFENSE, TWO HUNDRED FIFTY DOLLARS FOR THE SECOND
OFFENSE, AND FIVE HUNDRED DOLLARS FOR EACH SUBSEQUENT OFFENSE. A PENALTY

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

                                                           LBD13471-02-6

S. 6540                             2

SHALL BE RECOVERED IN ACCORDANCE WITH THE PROVISIONS OF  PARAGRAPHS  (C)
AND (D) OF THIS SUBDIVISION.
  (B)  THE DEPARTMENT OF HEALTH, UPON WRITTEN COMPLAINT OR HAVING REASON
TO SUSPECT THAT A PUBLIC SCHOOL  IS  OR  MAY  BE  IN  VIOLATION  OF  THE
PROVISIONS  OF  THIS SECTION, SHALL, BY WRITTEN NOTIFICATION, ADVISE THE
BOARD OF EDUCATION OF THE SCHOOL DISTRICT ACCORDINGLY AND  ORDER  APPRO-
PRIATE  ACTION  TO  BE  TAKEN.  A  BOARD OF EDUCATION THAT RECEIVES THAT
NOTICE AND FAILS OR REFUSES TO COMPLY WITH THE ORDER  IS  SUBJECT  TO  A
FINE  OF  NOT LESS THAT TWO HUNDRED FIFTY DOLLARS FOR THE FIRST OFFENSE,
FIVE HUNDRED DOLLARS FOR THE SECOND OFFENSE, AND  ONE  THOUSAND  DOLLARS
FOR EACH SUBSEQUENT OFFENSE. IN ADDITION TO THE PENALTY PROVIDED HEREIN,
A  COURT  MAY  ORDER  IMMEDIATE  COMPLIANCE  WITH THE PROVISIONS OF THIS
SECTION.
  (C) A PENALTY RECOVERED UNDER THE PROVISIONS OF THIS SECTION SHALL  BE
RECOVERED  BY,  AND IN THE NAME OF, THE COMMISSIONER OF HEALTH. WHEN THE
PLAINTIFF IS THE COMMISSIONER, THE PENALTY RECOVERED SHALL  BE  PAID  BY
THE COMMISSIONER OF HEALTH INTO THE TREASURY OF THE STATE.
  (D) THE SUPREME COURT OF THE COUNTY IN WHICH A VIOLATION IS ALLEGED TO
HAVE  OCCURRED  SHALL  HAVE JURISDICTION OVER PROCEEDINGS TO ENFORCE AND
COLLECT ANY PENALTY IMPOSED BECAUSE OF  A  VIOLATION  OF  THIS  SECTION.
PROCESS  SHALL  BE IN THE NATURE OF A SUMMONS OR WARRANT AND SHALL ISSUE
ONLY AT THE SUIT OF THE COMMISSIONER OF HEALTH OR  THE  LOCAL  BOARD  OF
HEALTH, AS THE CASE MAY BE, AS PLAINTIFF.
  (E)  THE PENALTIES PROVIDED IN PARAGRAPHS (A) AND (B) OF THIS SUBDIVI-
SION SHALL BE THE ONLY CIVIL REMEDY FOR A  VIOLATION  OF  THIS  SECTION.
THERE SHALL BE NO PRIVATE RIGHT OF ACTION AGAINST A PARTY FOR FAILURE TO
COMPLY WITH THE PROVISIONS OF THIS SECTION.
  4.  A  STUDENT WHO VIOLATES THE PROVISIONS OF THIS SECTION AFTER BEING
ORDERED BY THE BOARD OF EDUCATION OF THE DISTRICT  TO  COMPLY  WITH  THE
PROVISIONS  OF  THIS  SECTION,  SHALL NOT BE SUBJECT TO THE FINES ESTAB-
LISHED PURSUANT TO THIS SECTION, BUT, RATHER, SHALL BE PROHIBITED BY THE
BOARD OF EDUCATION OF THE DISTRICT FROM PARTICIPATION IN  ALL  EXTRACUR-
RICULAR ACTIVITIES, INCLUDING INTERSCHOLASTIC ATHLETICS, AND THE REVOCA-
TION  OF  ANY  STUDENT  PARKING PERMIT THAT THE STUDENT MAY POSSESS. THE
BOARD OF EDUCATION SHALL ADOPT A POLICY THAT ESTABLISHES THE LENGTH OF A
SUSPENSION OR REVOCATION TO BE IMPOSED ON A STUDENT FOR  AN  INITIAL  OR
SUBSEQUENT VIOLATION OF THE PROVISIONS OF THIS SECTION.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.