Bill Text: NY S06540 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to prohibiting the use of smokeless tobacco on school grounds.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2016-01-22 - REFERRED TO EDUCATION [S06540 Detail]

Download: New_York-2015-S06540-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6540
                    IN SENATE
                                    January 22, 2016
                                       ___________
        Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Education
        AN ACT to amend the education law, in relation to prohibiting the use of
          smokeless tobacco on school grounds
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  2  of  section  409 of the education law, as
     2  amended by chapter 449 of the laws of  2012,  is  amended  and  two  new
     3  subdivisions 3 and 4 are added to read as follows:
     4    2.  Notwithstanding  the  provisions  of  any other law, rule or regu-
     5  lation, tobacco use shall not be  permitted  and  no  person  shall  use
     6  tobacco or smokeless tobacco on school grounds.
     7    (a)  "School  grounds"  means  any building, structure and surrounding
     8  outdoor grounds, including entrances or exits, contained within a public
     9  or private pre-school, nursery school, elementary or secondary  school's
    10  legally  defined  property  boundaries as registered in a county clerk's
    11  office.
    12    (b) "Smokeless tobacco"  means  any  product  that  consists  of  cut,
    13  ground,  powdered,  or leaf tobacco that is intended to be placed by the
    14  consumer in an oral cavity.
    15    3. The board of education of each school  district  shall  ensure  the
    16  placement,  in  every public entrance to a public school building in its
    17  district, of a sign which shall be located so as to be  clearly  visible
    18  to the public and shall contain letters which contrast in color with the
    19  sign,  indicating  that  the  use  of  tobacco  and smokeless tobacco is
    20  prohibited therein.
    21    (a) The board of education of each school  district  shall  order  any
    22  person  using  tobacco or smokeless tobacco in violation of this section
    23  to comply with the provisions  of  this  section.  Except  as  otherwise
    24  provided  pursuant  to subdivision four of this section, a person, after
    25  being so ordered, who uses tobacco and/or smokeless tobacco in violation
    26  of this section is subject to a  fine  of  not  less  than  one  hundred
    27  dollars  for the first offense, two hundred fifty dollars for the second
    28  offense, and five hundred dollars for each subsequent offense. A penalty
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13471-02-6