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

                                        6854--B
           Cal. No. 816

                                   I N  S E N A T E

                                    March 29, 2012
                                      ___________

       Introduced by Sens. RIVERA, ADAMS, HASSELL-THOMPSON, KRUEGER, OPPENHEIM-
         ER,  PARKER,  STAVISKY  --  read  twice  and ordered printed, and when
         printed to be committed to the Committee on Health -- reported favora-
         bly 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 -- again amended and ordered reprinted,
         retaining its place in the order of third reading

       AN ACT to amend the public health law and the education law, in relation
         to prohibiting smoking within 100 feet of the entrances  or  exits  of
         any public or private educational institutions

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

    1    Section 1. Section 1399-o of the  public  health  law  is  amended  by
    2  adding a new subdivision 3 to read as follows:
    3    3. SMOKING SHALL NOT BE PERMITTED AND NO PERSON SHALL SMOKE WITHIN ONE
    4  HUNDRED  FEET  OF THE ENTRANCES, EXITS OR OUTDOOR AREAS OF ANY PUBLIC OR
    5  PRIVATE ELEMENTARY OR SECONDARY SCHOOLS;  PROVIDED,  HOWEVER,  THAT  THE
    6  PROVISIONS  OF  THIS  SUBDIVISION  SHALL NOT APPLY TO SMOKING IN A RESI-
    7  DENCE, OR WITHIN THE REAL PROPERTY BOUNDARY LINES  OF  SUCH  RESIDENTIAL
    8  REAL  PROPERTY. THE PROVISIONS OF SECTION THIRTEEN HUNDRED NINETY-NINE-P
    9  OF THIS ARTICLE SHALL NOT APPLY TO THIS SUBDIVISION.
   10    S 2. Subdivision 2 of section 409 of the education law, as amended  by
   11  chapter 13 of the laws of 2003, is amended to read as follows:
   12    2.  Notwithstanding  the  provisions  of  any other law, rule or regu-
   13  lation, tobacco use shall not be  permitted  and  no  person  shall  use
   14  tobacco  on  school grounds. "School grounds" means any building, struc-
   15  ture and surrounding outdoor  grounds,  INCLUDING  ENTRANCES  OR  EXITS,
   16  contained within a public or private pre-school, nursery school, elemen-
   17  tary or secondary school's legally defined property boundaries as regis-
   18  tered in a county clerk's office.
   19    S 3. This act shall take effect immediately.


        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14350-06-2