NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A330B
SPONSOR: Dinowitz (MS) TITLE OF BILL: An act to amend the public health law, in relation to
prohibiting smoking within 100 feet of the entrances or exits of any
public or association library
PURPOSE OR GENERAL IDEA OF BILL:
To prohibit smoking within one hundred feet of entrances or exits of any
public library.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends Section 1399-o of the public health law is amended by
adding in new subdivision 6 to read as follows:
6. Smoking shall not be permitted and no person shall smoke within one
hundred feet of the entrances, exits or outdoor areas of any public or
association library as defined in subdivision two of section two hundred
fifty-three of the education law; provided, however, that the provisions
of this subdivision shall not apply to smoking in a residence, or within
the real property boundary lines of such residential real property.
Section 2 sets the effective date.
JUSTIFICATION:
This bill seeks to expand protections to the public health created by
chapter 449 of the laws of 2012 which prohibited smoking within 100 feet
of any entrance or exit of public or private elementary, or secondary
schools. This bill would expand these protections by placing the same
ban on all public libraries.
The Clean Indoor Air Act, enacted in 2003, banned smoking in all work-
places across the State. Since 2003, smokers have been forced to smoke
outside and it has been unfortunate to see many smokers consistently
light up within close proximity to the entrances or exits of buildings,
including libraries. This bill would prohibit individuals from smoking
outside the entrances and exits of all public libraries. This bill seeks
to move smokers away from the doorways of libraries, in order to protect
all visitors who wish to enter and exit these institutions from unwanted
exposure to secondhand smoke. Libraries are a place where children and
others are encouraged to visit often, and as such smoking shouldn't
occur within 100 feet of the entrances or exits.
According to the Centers for Disease Control and Prevention, secondhand
smoke exposure causes acute lower respiratory infections such as bron-
chitis and pneumonia in young children, who visit and benefit greatly
from libraries. Along with respiratory symptoms such as coughing, wheez-
ing, and breathlessness among school-aged children and young adults,
even brief secondhand smoke exposure can damage cells in ways that set
the cancer process in motion. This legislation will add to the growing
number of places young children and all New Yorkers can enjoy without
being exposed to second hand smoke.
PRIOR LEGISLATIVE HISTORY:
2015-16: A.9495B -Referred to Codes/ S.6970B - Referred to Health
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect on the one hundred and eightieth day after it
shall become a law
STATE OF NEW YORK
________________________________________________________________________
330--B
2017-2018 Regular Sessions
IN ASSEMBLY
January 5, 2017
___________
Introduced by M. of A. DINOWITZ, GOTTFRIED, GALEF, JAFFEE, HOOPER, COOK,
SOLAGES, SKOUFIS, BLAKE, MOSLEY, BARRON, ABINANTI, WEPRIN -- Multi-
Sponsored by -- M. of A. GLICK, HYNDMAN -- read once and referred to
the Committee on Health -- recommitted to the Committee on Codes in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to prohibiting smok-
ing within 100 feet of the entrances or exits of any public or associ-
ation library
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 6 to read as follows:
3 6. 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 association library as defined in subdivision two of section two hundred
6 fifty-three of the education law; provided, however, that the provisions
7 of this subdivision shall not apply to smoking in a residence, or within
8 the real property boundary lines of such residential real property.
9 § 2. This act shall take effect on the one hundred eightieth day after
10 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02150-04-8
