Prohibits smoking within 100 feet of the entrances or exits of any public or private educational institution.
Sponsor: RIVERA / Co-sponsor(s): ADAMS, HASSELL-THOMPSON, KRUEGER, OPPENHEIMER, PARKER, STAVISKY
Law Section: Public Health Law / Law: Amd S1399-o, Pub Health L; amd S409, Ed L
Sponsor: RIVERA / Co-sponsor(s): ADAMS, HASSELL-THOMPSON, KRUEGER, OPPENHEIMER, PARKER, STAVISKY
Law Section: Public Health Law / Law: Amd S1399-o, Pub Health L; amd S409, Ed L
S6854-2011 Actions
- Jun 18, 2012: SUBSTITUTED BY A10141B
- Jun 14, 2012: AMENDED ON THIRD READING 6854B
- Jun 4, 2012: AMENDED ON THIRD READING 6854A
- May 21, 2012: ADVANCED TO THIRD READING
- May 16, 2012: 2ND REPORT CAL.
- May 15, 2012: 1ST REPORT CAL.816
- Mar 29, 2012: REFERRED TO HEALTH
S6854-2011 Meetings
Health: May 15, 2012S6854-2011 Calendars
Floor Calendar: May 16, 2012 , Floor Calendar: May 21, 2012 , Floor Calendar: May 22, 2012 , Floor Calendar: May 23, 2012 , Floor Calendar: May 30, 2012 , Floor Calendar: May 31, 2012 , Floor Calendar: Jun 4, 2012S6854-2011 Votes
VOTE: COMMITTEE VOTE:
- Health
- May 15, 2012
Ayes (15): Hannon, Ball, Farley, Fuschillo, Golden, Larkin, McDonald, Seward, Young, Duane, Adams, Gianaris, Rivera, Smith, Stewart-Cousins
Ayes W/R (2): Montgomery, Peralta
S6854-2011 Memo
BILL NUMBER:S6854 TITLE OF BILL: 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 PURPOSE: To prohibit smoking within one hundred feet of entrances or exits of any public or private educational institutions or secondary schools. SUMMARY OF PROVISIONS: Section 1399-o of the public health law is amended by adding a new subdivision that would prohibit smoking within one hundred feet of entrances, exits or outdoor areas of any public or private elementary or secondary schools. Subdivision 2 of section 409 of the education law is amended by adding: "including entrances or exits" to the definition of "school grounds." JUSTIFICATION: The Clean Indoor Air Act, enacted in 2003, banned smoking in all work- places across the State. Since 2003, smokers have been forced to smoke outside and it has been unfortunate to see many smokers consistently light up within close proximity to the entrances or exits of buildings. This bill would prohibit individuals from smoking outside the entrances and exits of education institutions. This bill seeks to move smokers away from the doorways in order to protect students wishing to enter and exit educational institutions from unwanted exposure to secondhand smoke. According to the Centers for Disease Control and Prevention, secondhand smoke exposure causes acute lower respiratory infections such as bron- chitis and pneumonia in young children. Along with respiratory symptoms such as coughing, wheezing, and breathlessness among school-aged chil- dren and young adults, even brief secondhand smoke exposure can damage cells in ways that set the cancer process in motion. LEGISLATIVE HISTORY: New Bill. FISCAL IMPLICATIONS: None to the state. EFFECTIVE DATE: This act shall take effect immediately.
S6854-2011 Text
S T A T E O F N E W Y O R K
6854 I N SENATE March 29, 2012
Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee 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

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