S3461C-2011 Actions

• Jun 16, 2011: SUBSTITUTED BY A5516C
• May 25, 2011: AMENDED ON THIRD READING 3461C
• May 4, 2011: AMENDED ON THIRD READING (T) 3461B
• May 2, 2011: ADVANCED TO THIRD READING
• Apr 13, 2011: 2ND REPORT CAL.
• Apr 12, 2011: 1ST REPORT CAL.387
• Apr 7, 2011: PRINT NUMBER 3461A
• Apr 7, 2011: AMEND (T) AND RECOMMIT TO HEALTH
• Feb 23, 2011: REFERRED TO HEALTH

S3461C-2011 Calendars

S3461C-2011 Memo

BILL NUMBER:S3461C

TITLE OF BILL:
An act
to amend the public health law, in relation to prohibiting smoking on
waiting and platform areas of railroad stations operated by the
metropolitan transportation authority or its subsidiaries

PURPOSE:
Prohibits smoking in outdoor areas of ticketing, boarding,
or platform areas of railroad stations operated by the Metropolitan
Transportation Authority or its subsidiaries.

SUMMARY OF PROVISIONS:
Section 1 amends 1399-O of the public health
law by adding subsection 2 to prohibit smoking in certain outdoor
areas.

Section 2 Conforming language

Section 3 is the effective date.

JUSTIFICATION:
Secondhand smoke is known to be extremely dangerous. In
fact in the United States alone, each year second hand smoke is
responsible for: an estimated 46,000 deaths from hemi disease in
non-smokers who live with smokers, about 3,400 lung cancer deaths in
non-smoking adults, other breathing problems in non-smokers,
including coughing, mucus, chest discomfort, and reduced lung
function, 150,000 to 300,000 lung infections (such as pneumonia and
bronchitis) in children younger than 18 months of age, which result
in 7,500 to 15,000 hospitalizations annually, increases in the number
and severity of asthma attacks in about 200,000 to 1 million children
who have asthma and more than 750,000 middle ear infections in
children.

Expanding the smoking ban to outdoor areas of Metropolitan
Transportation Authority operated railroad stations will help protect
mass transit riders from exposure to second hand smoke. It is not
uncommon to see riders on these platforms move away from individuals
who are smoking so as to not expose themselves to harmful second hand
smoke. It is important to note that currently smoking is banned on all
subway platforms in New York city, as well as on platforms in New
Jersey.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after
it shall have become law.

S3461C-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 S. 3461--C                                            A. 5516--C
 Cal. No. 387
 2011-2012 Regular Sessions
 SENATE - ASSEMBLY
 February 23, 2011
 
 IN  SENATE -- Introduced by Sens. FUSCHILLO, ADAMS, CARLUCCI, OPPENHEIM
 ER, PERKINS -- read twice and ordered printed, and when printed to  be
 committed  to  the  Committee  on Health -- committee discharged, bill
 amended, ordered reprinted as amended and recommitted to said  commit
 tee  --  reported  favorably 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
 IN  ASSEMBLY  --  Introduced  by  M.  of  A.  JAFFEE,  ORTIZ, P. RIVERA,
 N. RIVERA, DINOWITZ, CAMARA, GABRYSZAK, WEPRIN, LIFTON --  Multi-Spon
 sored by -- M. of A. ABINANTI, WEISENBERG -- read once and referred to
 the Committee on Health -- 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  commit
 tee  --  again  reported  from said committee with amendments, ordered
 reprinted as amended and recommitted to said committee
 

AN ACT to amend the public health law, in relation to prohibiting  smok
 ing on waiting and platform areas of railroad stations operated by the
 metropolitan transportation authority or its subsidiaries
 

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;
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08693-06-1
 
       S. 3461--C                          2                         A. 5516--C
 [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;
 [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 AREAS OF RAIL
 ROAD STATIONS OPERATED BY THE METROPOLITAN TRANSPORTATION  AUTHORITY  OR
 ITS SUBSIDIARIES.
 

S  2.

Section 1399-x of the public health law, as added by chapter 244
 of the laws of 1989, is amended to read as follows:

 

S 1399-x. Rules and regulations.  The commissioner shall  not  promul
 gate  any  rules  or regulations to effectuate the provisions of section
 
       S. 3461--C                          3                         A. 5516--C
 thirteen hundred ninety-nine-n, [subdivision six] PARAGRAPH F OF  SUBDI
 VISION  ONE of section thirteen hundred ninety-nine-o or subdivision one
 of section thirteen hundred ninety-nine-p of this article.  The  commis
 sioner  shall not promulgate any rules or regulations that create, limit
 or enlarge any smoking restrictions.
 

S 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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

Discuss!