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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10141B
SPONSOR: Dinowitz TITLE OF BILL: An act to amend the public health law and the educa-
tion 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. This provision would not apply to smoking in a resi-
dence, 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 educational 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.
STATE OF NEW YORK
________________________________________________________________________
10141--B
R. R. 239
IN ASSEMBLY
May 9, 2012
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Health -- reported and referred to the Committee on Codes --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- amended on the special order of third
reading, ordered reprinted as amended, retaining its place on the
special 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:
1 Section 1. Section 1399-o of the public health law is amended by
2 adding a new subdivision 3 to read as follows:
3 3. Smoking shall not be permitted and no person shall smoke within one
4 hundred feet of the entrances, exits or outdoor areas of any public or
5 private elementary or secondary schools; provided, however, that the
6 provisions of this subdivision shall not apply to smoking in a resi-
7 dence, or within the real property boundary lines of such residential
8 real property. The provisions of section thirteen hundred ninety-nine-p
9 of this article shall not apply to this subdivision.
10 § 2. Subdivision 2 of section 409 of the education law, as amended by
11 chapter 13 of the laws of 2003, is amended to read as follows:
12 2. Notwithstanding the provisions of any other law, rule or regu-
13 lation, tobacco use shall not be permitted and no person shall use
14 tobacco on school grounds. "School grounds" means any building, struc-
15 ture and surrounding outdoor grounds, including entrances or exits,
16 contained within a public or private pre-school, nursery school, elemen-
17 tary or secondary school's legally defined property boundaries as regis-
18 tered in a county clerk's office.
19 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14350-07-2
