Bill Text: NY A00397 | 2017-2018 | General Assembly | Amended


Bill Title: Prohibits smoking at all times in facilities that provide child care services in a private home provided that such private home is required to be licensed or registered for child care services, regardless of whether or not children receiving such services are present.

Spectrum: Moderate Partisan Bill (Democrat 14-3)

Status: (Passed) 2018-08-20 - signed chap.201 [A00397 Detail]

Download: New_York-2017-A00397-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         397--B
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     January 9, 2017
                                       ___________
        Introduced  by  M.  of  A.  GUNTHER,  COOK,  JAFFEE, ZEBROWSKI, SIMOTAS,
          JOYNER, BLAKE, ARROYO, STECK, HOOPER, BARRETT, RAIA -- Multi-Sponsored
          by -- M. of A.  BYRNE, RIVERA -- read once and referred to the Commit-
          tee on Health -- recommitted to the Committee on Health in  accordance
          with  Assembly  Rule  3, sec. 2 -- 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 committee
        AN  ACT  to  amend  the  public  health  law,  in  relation  to  smoking
          restrictions in child care facilities
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph h of subdivision  1  of  section  1399-o  of  the
     2  public  health  law,  as  amended by chapter 335 of the laws of 2017, is
     3  amended to read as follows:
     4    h. any facility that  provides  child  care  services  as  defined  in
     5  section  four hundred ten-p of the social services law, provided, howev-
     6  er, that [such services provided in] rooms in such a facility that is  a
     7  private  home [are excluded from this subdivision when children enrolled
     8  in such day care are not present;] shall be regulated by this  paragraph
     9  as follows:
    10    (i)  when  such  private home is not required to be licensed or regis-
    11  tered for such services by the office of children and  family  services,
    12  rooms  in  such home are excluded from the prohibition of this paragraph
    13  during periods when children receiving such services  are  not  present;
    14  and
    15    (ii)  when  such private home is required to be licensed or registered
    16  for such services by the office of children and family  services,  rooms
    17  in  such  home  are  included  within the prohibition of this paragraph,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03775-05-8

        A. 397--B                           2
     1  regardless of whether or not children receiving such services are  pres-
     2  ent.
     3    §  2.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law.
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