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.
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:
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.
LBD14350-06-2