S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4677
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 24, 2017
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02046-01-7

 S. 4677                             2
 
 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
 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.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.