Prohibits smoking within 100 feet of the entrances or exits of any public or private educational institution; exempts smoking in or around a private residence.
STATE OF NEW YORK ________________________________________________________________________ 10141 IN ASSEMBLY May 9, 2012 ___________Introduced by M. of A. DINOWITZ -- read once and referred to the Commit- tee on Health 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: Section 1. Section 1399-o of the public health law is amended by adding a new subdivision 3 to read as follows: 3. SMOKING SHALL NOT BE PERMITTED AND NO PERSON SHALL SMOKE WITHIN ONE HUNDRED FEET OF THE ENTRANCES, EXITS OR OUTDOOR AREAS OF ANY PUBLIC OR PRIVATE ELEMENTARY OR SECONDARY SCHOOLS. S 2. Subdivision 2 of section 409 of the education law, as amended by chapter 13 of the laws of 2003, is amended 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 on school grounds. "School grounds" means any building, struc- ture and surrounding outdoor grounds, INCLUDING ENTRANCES OR EXITS, contained within a public or private pre-school, nursery school, elemen- tary or secondary school's legally defined property boundaries as regis- tered in a county clerk's office. S 3. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14350-03-2