Bill Text: NY A05917 | 2015-2016 | General Assembly | Amended


Bill Title: Prohibits smoking tobacco products in and around after-school programs while such programs are in operation.

Spectrum: Moderate Partisan Bill (Democrat 8-2)

Status: (Introduced - Dead) 2015-06-17 - substituted by s993a [A05917 Detail]

Download: New_York-2015-A05917-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5917--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 9, 2015
                                      ___________
       Introduced  by M. of A. PICHARDO, CRESPO, ARROYO, PALUMBO, HOOPER, DAVI-
         LA, SKOUFIS -- Multi-Sponsored by -- M. of A.  LAWRENCE,  ROBINSON  --
         read  once  and  referred  to  the  Committee  on  Health -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN ACT to amend the public health law and the administrative code of the
         city of New York, in relation to prohibiting the  smoking  of  tobacco
         products in or near after-school programs
         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 4 to read as follows:
    3    4. SMOKING SHALL NOT BE PERMITTED AND NO PERSON SHALL SMOKE WITHIN ONE
    4  HUNDRED   FEET   OF  THE  ENTRANCES,  EXITS  OR  OUTDOOR  AREAS  OF  ANY
    5  AFTER-SCHOOL PROGRAM LICENSED OR REGISTERED PURSUANT  TO  SECTION  THREE
    6  HUNDRED  NINETY  OF THE SOCIAL SERVICES LAW; PROVIDED, HOWEVER, THAT THE
    7  PROVISIONS OF THIS SUBDIVISION SHALL ONLY APPLY ON THOSE DAYS AND DURING
    8  THOSE HOURS IN WHICH SUCH AFTER-SCHOOL  PROGRAMS  ARE  OPERATIONAL;  AND
    9  PROVIDED,  FURTHER,  THAT  THE  PROVISIONS OF THIS SUBDIVISION SHALL NOT
   10  APPLY TO SMOKING IN A RESIDENCE, OR WITHIN THE  REAL  PROPERTY  BOUNDARY
   11  LINES OF SUCH RESIDENTIAL REAL PROPERTY.
   12    S  2.  Section  1399-p of the public health law is amended by adding a
   13  new subdivision 3 to read as follows:
   14    3. THE PROVISIONS OF THIS SECTION SHALL APPLY TO AFTER-SCHOOL PROGRAMS
   15  THAT ARE SUBJECT TO THE PROVISIONS OF SUBDIVISION FOUR OF SECTION  THIR-
   16  TEEN  HUNDRED  NINETY-NINE-O OF THIS ARTICLE, PROVIDED THAT SIGNS POSTED
   17  PURSUANT TO THIS SUBDIVISION SHALL  SPECIFY  THE  SPECIFIC  TIME  PERIOD
   18  DURING WHICH SMOKING SHALL BE PROHIBITED.
   19    S  3.  Section  21-120.1 of the administrative code of the city of New
   20  York, as added by local law number 31 of the city of New  York  for  the
   21  year 2000, is amended by adding a new subdivision i to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05903-03-5
       A. 5917--A                          2
    1    I. SMOKING SHALL NOT BE PERMITTED AND NO PERSON SHALL SMOKE WITHIN ONE
    2  HUNDRED   FEET   OF  THE  ENTRANCES,  EXITS  OR  OUTDOOR  AREAS  OF  ANY
    3  AFTER-SCHOOL PROGRAM LICENSED PURSUANT TO THIS SECTION; PROVIDED, HOWEV-
    4  ER, THAT THE PROVISIONS OF THIS SUBDIVISION SHALL ONLY  APPLY  ON  THOSE
    5  DAYS  AND  DURING  THOSE  HOURS  IN WHICH SUCH AFTER-SCHOOL PROGRAMS ARE
    6  OPERATIONAL; AND PROVIDED THAT THE PROVISIONS OF THIS SUBDIVISION  SHALL
    7  NOT APPLY TO SMOKING IN A RESIDENCE, OR WITHIN THE REAL PROPERTY BOUNDA-
    8  RY LINES OF SUCH RESIDENTIAL REAL PROPERTY.  SIGNS MAY BE POSTED, PURSU-
    9  ANT  TO  SUBDIVISION  THREE OF SECTION THIRTEEN HUNDRED NINETY-NINE-P OF
   10  THE PUBLIC HEALTH LAW, SPECIFYING THE SPECIFIC TIME PERIOD DURING  WHICH
   11  SMOKING SHALL BE PROHIBITED.
   12    S  4.  This  act shall take effect on the thirtieth day after it shall
   13  have become a law.
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