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.

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S6854B-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

S6854B-2011 Calendars

Active List: Jun 18, 2012 , Floor Calendar: Jun 18, 2012

S6854B-2011 Votes

S6854B-2011 Memo

BILL NUMBER:S6854B

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.

S6854B-2011 Text

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

                                   6854--B
      Cal. No. 816

                              I N  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