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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5516C
SPONSOR: Jaffee 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
responsible 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 hospital-
izations 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.
STATE OF NEW YORK
________________________________________________________________________
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:
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 § 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 § 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 § 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 § 3. This act shall take effect on the ninetieth day after it shall
7 have become a law.
