Bill Text: NY A10141 | 2011-2012 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2012-09-05 - signed chap.449 [A10141 Detail]

Download: New_York-2011-A10141-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                       10141--A
                                 I N  A S S E M B L Y
                                      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
       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.
    9    S 2. Subdivision 2 of section 409 of the education law, as amended  by
   10  chapter 13 of the laws of 2003, is amended to read as follows:
   11    2.  Notwithstanding  the  provisions  of  any other law, rule or regu-
   12  lation, tobacco use shall not be  permitted  and  no  person  shall  use
   13  tobacco  on  school grounds. "School grounds" means any building, struc-
   14  ture and surrounding outdoor  grounds,  INCLUDING  ENTRANCES  OR  EXITS,
   15  contained within a public or private pre-school, nursery school, elemen-
   16  tary or secondary school's legally defined property boundaries as regis-
   17  tered in a county clerk's office.
   18    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14350-04-2