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

                                  2997

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 4, 2011
                               ___________

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

AN ACT to amend the public health law, in relation to prohibiting  smok-
  ing on platforms of the Long Island and Metro North railroads

  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,  as  amended  by
chapter 13 of the laws of 2003, subdivision 13 as amended by chapter 154
of the laws of 2008, is amended to read as follows:
  S  1399-o. Smoking restrictions. 1. Smoking shall not be permitted and
no person shall smoke in the following indoor areas:
  [1.] A. places of employment;
  [2.] B. bars;
  [3.] C. food service establishments, except as provided in subdivision
six of section thirteen hundred ninety-nine-q of this article;
  [4.] D. enclosed indoor areas open to the public containing a swimming
pool;
  [5.] E. public means of mass transportation, including subways, under-
ground subway stations, and when occupied by  passengers,  buses,  vans,
taxicabs and limousines;
  [6.] F. ticketing, boarding and waiting areas in public transportation
terminals;
  [7.]  G.  youth  centers  and  facilities  for detention as defined in
sections five hundred twenty-seven-a and five hundred three of the exec-
utive law;
  [8.] H. any facility that provides child care services as  defined  in
section  four  hundred  ten-p  of the social services law, provided that
such services provided in a private home are excluded from this subdivi-
sion when children enrolled in such day care are not present;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03980-01-1

S. 2997                             2
              

  [9.] I. child day care centers as defined  in  section  three  hundred
ninety of the social services law and child day care centers licensed by
the city of New York;
  [10.]  J. group homes for children as defined in section three hundred
seventy-one of the social services law;
  [11.] K. public institutions for children as defined in section  three
hundred seventy-one of the social services law;
  [12.]  L.  residential  treatment facilities for children and youth as
defined in section 1.03 of the mental hygiene law;
  [13.] M. all public  and  private  colleges,  universities  and  other
educational  and  vocational  institutions, including dormitories, resi-
dence halls, and other group residential facilities that  are  owned  or
operated  by such colleges, universities and other educational and voca-
tional institutions, except that these restrictions shall not  apply  in
any off-campus residential unit occupied by a person who is not enrolled
as  an undergraduate student in such college, university or other educa-
tional or vocational institution;
  [14.] N. general hospitals and residential health care  facilities  as
defined  in  article twenty-eight of this chapter, and other health care
facilities licensed by the state  in  which  persons  reside;  provided,
however,  that  the  provisions  of  this subdivision shall not prohibit
smoking by patients in separate enclosed  rooms  of  residential  health
care  facilities,  adult  care facilities established or certified under
title two of article seven of the social services law, community  mental
health  residences established under section 41.44 of the mental hygiene
law, or facilities where day treatment programs are provided, which  are
designated as smoking rooms for patients of such facilities or programs;
  [15.] O. commercial establishments used for the purpose of carrying on
or exercising any trade, profession, vocation or charitable activity;
  [16.] P. indoor arenas;
  [17.] Q. zoos; and
  [18.] R. bingo facilities.
  2.  SMOKING  SHALL  NOT  BE PERMITTED AND NO PERSON SHALL SMOKE IN THE
FOLLOWING OUTDOOR AREAS: TICKETING,  BOARDING  OR  PLATFORM  AREA  OF  A
TRANSPORTATION  TERMINAL OF THE LONG ISLAND RAIL ROAD OR THE METRO NORTH
RAILROAD.
  S 2. This act shall take effect immediately.