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.
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 1399-0 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. This provision would not apply to smoking in a residence, or within the real property boundary lines of such residential real property.
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 workplaces 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 bronchitis and pneumonia in young children.
Along with respiratory symptoms such as coughing, wheezing, and breathlessness among school-aged children 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.
STATE OF NEW YORK ________________________________________________________________________ 6854--B Cal. No. 816 IN SENATE 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: 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; PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO SMOKING IN A RESI- DENCE, OR WITHIN THE REAL PROPERTY BOUNDARY LINES OF SUCH RESIDENTIAL REAL PROPERTY. THE PROVISIONS OF SECTION THIRTEEN HUNDRED NINETY-NINE-P OF THIS ARTICLE SHALL NOT APPLY TO THIS SUBDIVISION. 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. LBD14350-06-2