|SAME AS||No Same As|
|COSPNSR||Paulin, Stirpe, Galef, Magnarelli, Thiele, Solages, Fahy, Gottfried, Abinanti, Cook, Jaffee, Sepulveda, Dinowitz, Simon, Rivera, Jean-Pierre, Hooper|
|MLTSPNSR||Duprey, Glick, Hikind, Steck, Weinstein|
|Amd SS1399-o & 1399-q, Pub Health L|
|Bans smoking in hotel and motel rooms.|
|08/24/2015||referred to health|
|01/06/2016||referred to health|
|05/04/2016||reported referred to codes|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8371 SPONSOR: Zebrowski
TITLE OF BILL: An act to amend the public health law, in relation to banning smoking in hotel and motel rooms   PURPOSE OR GENERAL IDEA OF BILL: This bill will prohibit smoking in hotel and motel rooms.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 of this bill amends section 1399-o of the public health law as it relates to adding hotel and motel rooms to the list of indoor areas where smoking is prohibited. Section 2 of the bill amends section 1399-q of the public health law as it relates to removing hotel and motel rooms from the list of areas that are exempt from the smoking restrictions. Section 3 relates to effective date.   JUSTIFICATION: Currently, hotels and motels may offer consumers the option of renting a smoking or non-smoking room. Unfortunately, it is very difficult to eliminate the smoke and smell from going into other non-smoking rooms. The smoke travels through vents and walls into other rooms creating an uncomfortable accommodation for guests. This bill would eliminate smok- ing in hotel and motel guest rooms in order to protect the health of all guests. Several other states have enacted similar bans as well as a hotel chain who has voluntarily implemented a smoke free policy.   PRIOR LEGISLATIVE HISTORY: New Bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law.
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STATE OF NEW YORK ________________________________________________________________________ 8371 2015-2016 Regular Sessions IN ASSEMBLY August 24, 2015 ___________ Introduced by M. of A. ZEBROWSKI -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to banning smoking in hotel and motel rooms The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs c, q and r of subdivision 1 of section 1399-o of 2 the public health law, as amended by chapter 389 of the laws of 2011, 3 are amended to read as follows: 4 c. food service establishments, except as provided in subdivision 5 [ six] five of section thirteen hundred ninety-nine-q of this article; 6 q. zoos; [ and] 7 r. bingo facilities; and 8 s. hotels or motels including rooms rented to one or more guests. 9 § 2. Section 1399-q of the public health law, as amended by chapter 13 10 of the laws of 2003, is amended to read as follows: 11 § 1399-q. Smoking restrictions inapplicable. This article shall not 12 apply to: 13 1. Private homes, private residences and private automobiles; 14 2. [ A hotel or motel room rented to one or more guests;15 3.] Retail tobacco businesses; 16 [ 4.]3. Membership associations; provided, however, that smoking shall 17 only be allowed in membership associations in which all of the duties 18 with respect to the operation of such association, including, but not 19 limited to, the preparation of food and beverages, the service of food 20 and beverages, reception and secretarial work, and the security services 21 of the membership association are performed by members of such member- 22 ship association who do not receive compensation of any kind from the 23 membership association or any other entity for the performance of such 24 duties; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11853-01-5A. 8371 2 1 [ 5.]4. Cigar bars that, in the calendar year ending December thirty- 2 first, two thousand two, generated ten percent or more of its total 3 annual gross income from the on-site sale of tobacco products and the 4 rental of on-site humidors, not including any sales from vending 5 machines, and is registered with the appropriate enforcement officer, as 6 defined in subdivision one of section thirteen hundred ninety-nine-t of 7 this article. Such registration shall remain in effect for one year and 8 shall be renewable only if: (a) in the preceding calendar year, the 9 cigar bar generated ten percent or more of its total annual gross income 10 from the on-site sale of tobacco products and the rental of on-site 11 humidors, and (b) the cigar bar has not expanded its size or changed its 12 location from its size or location since December thirty-first, two 13 thousand two; 14 [ 6.]5. Outdoor dining areas of food service establishments with no 15 roof or other ceiling enclosure; provided, however, that smoking may be 16 permitted in a contiguous area designated for smoking so long as such 17 area: (a) constitutes no more than twenty-five percent of the outdoor 18 seating capacity of such food service establishment, (b) is at least 19 three feet away from the outdoor area of such food service establishment 20 not designated for smoking, and (c) is clearly designated with written 21 signage as a smoking area; and 22 [ 7.]6. Enclosed rooms in food service establishments, bars, catering 23 halls, convention halls, hotel and motel conference rooms, and other 24 such similar facilities during the time such enclosed areas or rooms are 25 being used exclusively for functions where the public is invited for the 26 primary purpose of promoting and sampling tobacco products, and the 27 service of food and drink is incidental to such purpose, provided that 28 the sponsor or organizer gives notice in any promotional material or 29 advertisements that smoking will not be restricted, and prominently 30 posts notice at the entrance of the facility and has provided notice of 31 such function to the appropriate enforcement officer, as defined in 32 subdivision one of section thirteen hundred ninety-nine-t of this arti- 33 cle, at least two weeks prior to such function. The enforcement officer 34 shall keep a record of all tobacco sampling events, and such record 35 shall be made available for public inspection. No such facility shall 36 permit smoking under this subdivision for more than two days in any 37 calendar year. 38 § 3. This act shall take effect on the thirtieth day after it shall 39 have become a law.