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A05516 Summary:

BILL NO    A05516C

SAME AS    SAME AS UNI. S03461-C

SPONSOR    Jaffee

COSPNSR    Ortiz, Rivera P, Rivera N, Dinowitz, Camara, Gabryszak, Weprin,
           Lifton

MLTSPNSR   Abinanti, Weisenberg

Amd SS1399-o & 1399-x, Pub Health L

Prohibits smoking in outdoor areas of ticketing, boarding, or platform areas of
railroad stations operated by the metropolitan transportation authority or its
subsidiaries.
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A05516 Actions:

BILL NO    A05516C

02/23/2011 referred to health
04/07/2011 amend (t) and recommit to health
04/07/2011 print number 5516a
05/03/2011 reported referred to codes
05/03/2011 amend (t) and recommit to codes
05/03/2011 print number 5516b
05/25/2011 amend and recommit to codes
05/25/2011 print number 5516c
06/07/2011 reported referred to rules
06/15/2011 reported 
06/15/2011 rules report cal.271
06/15/2011 ordered to third reading rules cal.271
06/16/2011 passed assembly
06/16/2011 delivered to senate
06/16/2011 REFERRED TO RULES
06/16/2011 SUBSTITUTED FOR S3461C
06/16/2011 3RD READING CAL.387
06/16/2011 PASSED SENATE
06/16/2011 RETURNED TO ASSEMBLY
08/05/2011 delivered to governor
08/15/2011 signed chap.389
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A05516 Votes:

A05516C06/16/2011 101/43
AbbateYCastellNOGalefYKatzNOMcKevitYRabbittNOStevensY
AbinantYCastroYGanttYKavanagYMcLaughNORaiaNOSweeneyY
AmedoreNOCerettoNOGibsonYKellnerYMengYRamosYTediscoNO
ArroyoYClarkYGiglioNOKirwanERMill D YReilichNOTenneyNO
AubryYColtonYGlickYKolbNOMill JMYReillyYThieleY
BarclayNOConteNOGoodellNOLancmanYMill MGYRive J YTitoneY
BarronYCookYGottfriYLatimerYMillmanYRive N YTitusY
BenedetYCorwinNOGrafNOLavineYMolinarYRive PMYTobaccoER
BingYCrespoYGuntherNOLentolYMontesaNORobertsYWeinsteY
BlankenNOCrouchYHannaNOLiftonYMorelleYRobinsoYWeisenbY
BoylandYCurranNOHawleyNOLinaresYMoyaYRodriguYWeprinY
BoyleYCusickNOHayesYLope PDYMurrayNORosenthYWrightNO
BraunstYCymbrowYHeastieYLope VJYNolanYRussellYZebrowsY
BrennanYDenDekkYHevesiYLosquadNOOaksNOSaladinYMr SpkrY
BronsonYDinowitYHikindYLupardoYO'DonneYSaywardNO
Brook KYDupreyNOHooperYMageeYOrtizYScarborY
BurlingNOEnglebrYHoytYMagnareYPalmesaNOSchimelY
ButlerNOFarrellYJacobsYMaiselYPaulinYSchimmiNO
CahillYFinchNOJaffeeYMalliotNOPeoplesYSchroedY
CalhounNOFitzpatNOJeffrieYMarkeyYPerryYSimotasY
CamaraYFriendNOJohnsYMcDonouNOPretlowNOSmardzNO
CanestrYGabryszYJordanNOMcEnenyYRaYSpanoY

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A05516 Memo:

BILL NUMBER:A5516C

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 subsid-
iaries

PURPOSE: Prohibits smoking in outdoor areas of ticketing, boarding, or
platform areas of railroad stations operated by the Metropolitan Trans-
portation 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: Second hand smoke is known to be extremely dangerous. In
fact in the United States alone, each year second hand smoke is respon-
sible for: an estimated 46,000 deaths from heart 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 Transporta-
tion 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 impor-
tant 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.
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A05516 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

                             S E N A T E - A S S E M B L Y

                                   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:

    1    Section 1. Section 1399-o of the public  health  law,  as  amended  by
    2  chapter 13 of the laws of 2003, subdivision 13 as amended by chapter 154
    3  of the laws of 2008, is amended to read as follows:
    4    S  1399-o. Smoking restrictions. 1. Smoking shall not be permitted and
    5  no person shall smoke in the following indoor areas:
    6    [1.] A. places of employment;
    7    [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

    1    [3.] C. food service establishments, except as provided in subdivision
    2  six of section thirteen hundred ninety-nine-q of this article;
    3    [4.] D. enclosed indoor areas open to the public containing a swimming
    4  pool;
    5    [5.] E. public means of mass transportation, including subways, under-
    6  ground  subway  stations,  and when occupied by passengers, buses, vans,
    7  taxicabs and limousines;
    8    [6.] F. ticketing, boarding and waiting areas in public transportation
    9  terminals;
   10    [7.] G. youth centers and  facilities  for  detention  as  defined  in
   11  sections five hundred twenty-seven-a and five hundred three of the exec-
   12  utive law;
   13    [8.]  H.  any facility that provides child care services as defined in
   14  section four hundred ten-p of the social  services  law,  provided  that
   15  such services provided in a private home are excluded from this subdivi-
   16  sion when children enrolled in such day care are not present;
   17    [9.]  I.  child  day  care centers as defined in section three hundred
   18  ninety of the social services law and child day care centers licensed by
   19  the city of New York;
   20    [10.] J. group homes for children as defined in section three  hundred
   21  seventy-one of the social services law;
   22    [11.]  K. public institutions for children as defined in section three
   23  hundred seventy-one of the social services law;
   24    [12.] L. residential treatment facilities for children  and  youth  as
   25  defined in section 1.03 of the mental hygiene law;
   26    [13.]  M.  all  public  and  private  colleges, universities and other
   27  educational and vocational institutions,  including  dormitories,  resi-
   28  dence  halls,  and  other group residential facilities that are owned or
   29  operated by such colleges, universities and other educational and  voca-
   30  tional  institutions,  except that these restrictions shall not apply in
   31  any off-campus residential unit occupied by a person who is not enrolled
   32  as an undergraduate student in such college, university or other  educa-
   33  tional or vocational institution;
   34    [14.]  N.  general hospitals and residential health care facilities as
   35  defined in article twenty-eight of this chapter, and other  health  care
   36  facilities  licensed  by  the  state  in which persons reside; provided,
   37  however, that the provisions of  this  subdivision  shall  not  prohibit
   38  smoking  by  patients  in  separate enclosed rooms of residential health
   39  care facilities, adult care facilities established  or  certified  under
   40  title  two of article seven of the social services law, community mental
   41  health residences established under section 41.44 of the mental  hygiene
   42  law,  or facilities where day treatment programs are provided, which are
   43  designated as smoking rooms for patients of such facilities or programs;
   44    [15.] O. commercial establishments used for the purpose of carrying on
   45  or exercising any trade, profession, vocation or charitable activity;
   46    [16.] P. indoor arenas;
   47    [17.] Q. zoos; and
   48    [18.] R. bingo facilities.
   49    2. SMOKING SHALL NOT BE PERMITTED AND NO PERSON  SHALL  SMOKE  IN  THE
   50  FOLLOWING  OUTDOOR AREAS: TICKETING, BOARDING OR PLATFORM AREAS OF RAIL-
   51  ROAD STATIONS OPERATED BY THE METROPOLITAN TRANSPORTATION  AUTHORITY  OR
   52  ITS SUBSIDIARIES.
   53    S  2. Section 1399-x of the public health law, as added by chapter 244
   54  of the laws of 1989, is amended to read as follows:
   55    S 1399-x. Rules and regulations.  The commissioner shall  not  promul-
   56  gate  any  rules  or regulations to effectuate the provisions of section
       S. 3461--C                          3                         A. 5516--C

    1  thirteen hundred ninety-nine-n, [subdivision six] PARAGRAPH F OF  SUBDI-
    2  VISION  ONE of section thirteen hundred ninety-nine-o or subdivision one
    3  of section thirteen hundred ninety-nine-p of this article.  The  commis-
    4  sioner  shall not promulgate any rules or regulations that create, limit
    5  or enlarge any smoking restrictions.
    6    S 3. This act shall take effect on the ninetieth day  after  it  shall
    7  have become a law.
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