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A05516 Summary:

A05516 Actions:

A05516 Floor Votes:

A05516 Text:

 
                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.