assembly Bill A397B

Signed By Governor
2017-2018 Legislative Session

Relates to smoking restrictions in child care facilities

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 20, 2018 signed chap.201
Aug 13, 2018 delivered to governor
Jun 20, 2018 returned to assembly
passed senate
3rd reading cal.1498
substituted for s7522a
Jun 04, 2018 referred to rules
delivered to senate
passed assembly
May 31, 2018 advanced to third reading cal.972
reported
May 22, 2018 print number 397b
May 22, 2018 amend and recommit to codes
Jan 23, 2018 reported referred to codes
Jan 17, 2018 print number 397a
Jan 17, 2018 amend and recommit to health
Jan 03, 2018 referred to health
Jan 09, 2017 referred to health

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A397 - Details

See Senate Version of this Bill:
S7522
Law Section:
Public Health Law
Laws Affected:
Amd §1399-o, Pub Health L
Versions Introduced in 2015-2016 Legislative Session:
A7206

A397 - Summary

Prohibits smoking at all times in facilities that provide child care services in a private home provided that such private home is required to be licensed or registered for child care services, regardless of whether or not children receiving such services are present.

A397 - Bill Text download pdf


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

                                   397

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2017
                               ___________

Introduced  by  M.  of  A.  GUNTHER,  COOK,  JAFFEE, ZEBROWSKI, SIMOTAS,
  JOYNER, BLAKE, ARROYO, STECK, HOOPER, BARRETT, RAIA -- Multi-Sponsored
  by -- M. of A.  RIVERA -- read once and referred to the  Committee  on
  Health

AN  ACT  to  amend  the  public  health  law,  in  relation  to  smoking
  restrictions in child care facilities

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

  Section  1.  Paragraph  h  of  subdivision  1 of section 1399-o of the
public health law, as amended by chapter 389 of the  laws  of  2011,  is
amended to read as follows:
  h.  any  facility  that  provides  child  care  services as defined in
section four hundred ten-p of the social services law,  [provided  that]
INCLUDING  such  services  provided in a private home [are excluded from
this subdivision when children enrolled in such day care are  not  pres-
ent];
  § 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03775-01-7

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A397A - Details

See Senate Version of this Bill:
S7522
Law Section:
Public Health Law
Laws Affected:
Amd §1399-o, Pub Health L
Versions Introduced in 2015-2016 Legislative Session:
A7206

A397A - Summary

Prohibits smoking at all times in facilities that provide child care services in a private home provided that such private home is required to be licensed or registered for child care services, regardless of whether or not children receiving such services are present.

A397A - Bill Text download pdf


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

                                 397--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2017
                               ___________

Introduced  by  M.  of  A.  GUNTHER,  COOK,  JAFFEE, ZEBROWSKI, SIMOTAS,
  JOYNER, BLAKE, ARROYO, STECK, HOOPER, BARRETT, RAIA -- Multi-Sponsored
  by -- M. of A.  RIVERA -- read once and referred to the  Committee  on
  Health  --  recommitted  to the Committee on Health in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  public  health  law,  in  relation  to  smoking
  restrictions in child care facilities

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

  Section 1. Paragraph h of subdivision  1  of  section  1399-o  of  the
public  health  law,  as  amended by chapter 335 of the laws of 2017, is
amended to read as follows:
  h. any facility that  provides  child  care  services  as  defined  in
section  four hundred ten-p of the social services law, provided that IF
such services ARE provided in a private home ANY ROOMS THAT ARE NOT USED
FOR SUCH CHILD CARE SERVICES are excluded  from  this  subdivision  when
children enrolled in such day care are not present;
  § 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03775-02-8

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A397B (ACTIVE) - Details

See Senate Version of this Bill:
S7522
Law Section:
Public Health Law
Laws Affected:
Amd §1399-o, Pub Health L
Versions Introduced in 2015-2016 Legislative Session:
A7206

A397B (ACTIVE) - Summary

Prohibits smoking at all times in facilities that provide child care services in a private home provided that such private home is required to be licensed or registered for child care services, regardless of whether or not children receiving such services are present.

A397B (ACTIVE) - Bill Text download pdf


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

                                 397--B

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2017
                               ___________

Introduced  by  M.  of  A.  GUNTHER,  COOK,  JAFFEE, ZEBROWSKI, SIMOTAS,
  JOYNER, BLAKE, ARROYO, STECK, HOOPER, BARRETT, RAIA -- Multi-Sponsored
  by -- M. of A.  BYRNE, RIVERA -- read once and referred to the Commit-
  tee on Health -- recommitted to the Committee on Health in  accordance
  with  Assembly  Rule  3, sec. 2 -- 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 committee

AN  ACT  to  amend  the  public  health  law,  in  relation  to  smoking
  restrictions in child care facilities

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

  Section 1. Paragraph h of subdivision  1  of  section  1399-o  of  the
public  health  law,  as  amended by chapter 335 of the laws of 2017, is
amended to read as follows:
  h. any facility that  provides  child  care  services  as  defined  in
section  four hundred ten-p of the social services law, provided, HOWEV-
ER, that [such services provided in] ROOMS IN SUCH A FACILITY THAT IS  a
private  home [are excluded from this subdivision when children enrolled
in such day care are not present;] SHALL BE REGULATED BY THIS  PARAGRAPH
AS FOLLOWS:
  (I)  WHEN  SUCH  PRIVATE HOME IS NOT REQUIRED TO BE LICENSED OR REGIS-
TERED FOR SUCH SERVICES BY THE OFFICE OF CHILDREN AND  FAMILY  SERVICES,
ROOMS  IN  SUCH HOME ARE EXCLUDED FROM THE PROHIBITION OF THIS PARAGRAPH
DURING PERIODS WHEN CHILDREN RECEIVING SUCH SERVICES  ARE  NOT  PRESENT;
AND
  (II)  WHEN  SUCH PRIVATE HOME IS REQUIRED TO BE LICENSED OR REGISTERED
FOR SUCH SERVICES BY THE OFFICE OF CHILDREN AND FAMILY  SERVICES,  ROOMS
IN  SUCH  HOME  ARE  INCLUDED  WITHIN THE PROHIBITION OF THIS PARAGRAPH,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03775-05-8

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.