S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   597

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M. of A. JAFFEE, DINOWITZ, GABRYSZAK, CASTRO, M. MILLER,
  WEPRIN, MAYERSOHN, MARKEY, HOOPER -- Multi-Sponsored by --  M.  of  A.
  MAISEL, MENG, WEISENBERG -- read once and referred to the Committee on
  Health

AN  ACT to amend the public health law, in relation to prohibiting smok-
  ing on platforms of the Long Island and Metro North railroads

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  1399-o  of  the public health law, as amended by
chapter 13 of the laws of 2003, subdivision 13 as amended by chapter 154
of the laws of 2008, is amended to read as follows:
  S 1399-o. Smoking restrictions. 1. Smoking shall not be permitted  and
no person shall smoke in the following indoor areas:
  [1.] A. places of employment;
  [2.] B. bars;
  [3.] C. food service establishments, except as provided in subdivision
six of section thirteen hundred ninety-nine-q of this article;
  [4.] D. enclosed indoor areas open to the public containing a swimming
pool;
  [5.] E. public means of mass transportation, including subways, under-
ground  subway  stations,  and when occupied by passengers, buses, vans,
taxicabs and limousines;
  [6.] F. ticketing, boarding and waiting areas in public transportation
terminals;
  [7.] G. youth centers and  facilities  for  detention  as  defined  in
sections five hundred twenty-seven-a and five hundred three of the exec-
utive law;
  [8.]  H.  any facility that provides child care services as defined in
section four hundred ten-p of the social  services  law,  provided  that

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03980-01-1
              

A. 597                              2

such services provided in a private home are excluded from this subdivi-
sion when children enrolled in such day care are not present;
  [9.]  I.  child  day  care centers as defined in section three hundred
ninety of the social services law and child day care centers licensed by
the city of New York;
  [10.] J. group homes for children as defined in section three  hundred
seventy-one of the social services law;
  [11.]  K. public institutions for children as defined in section three
hundred seventy-one of the social services law;
  [12.] L. residential treatment facilities for children  and  youth  as
defined in section 1.03 of the mental hygiene law;
  [13.]  M.  all  public  and  private  colleges, universities and other
educational and vocational institutions,  including  dormitories,  resi-
dence  halls,  and  other group residential facilities that are owned or
operated by such colleges, universities and other educational and  voca-
tional  institutions,  except that these restrictions shall not apply in
any off-campus residential unit occupied by a person who is not enrolled
as an undergraduate student in such college, university or other  educa-
tional or vocational institution;
  [14.]  N.  general hospitals and residential health care facilities as
defined in article twenty-eight of this chapter, and other  health  care
facilities  licensed  by  the  state  in which persons reside; provided,
however, that the provisions of  this  subdivision  shall  not  prohibit
smoking  by  patients  in  separate enclosed rooms of residential health
care facilities, adult care facilities established  or  certified  under
title  two of article seven of the social services law, community mental
health residences established under section 41.44 of the mental  hygiene
law,  or facilities where day treatment programs are provided, which are
designated as smoking rooms for patients of such facilities or programs;
  [15.] O. commercial establishments used for the purpose of carrying on
or exercising any trade, profession, vocation or charitable activity;
  [16.] P. indoor arenas;
  [17.] Q. zoos; and
  [18.] R. bingo facilities.
  2. SMOKING SHALL NOT BE PERMITTED AND NO PERSON  SHALL  SMOKE  IN  THE
FOLLOWING  OUTDOOR  AREAS:  TICKETING,  BOARDING  OR  PLATFORM AREA OF A
TRANSPORTATION TERMINAL OF THE LONG ISLAND RAIL ROAD OR THE METRO  NORTH
RAILROAD.
  S 2. This act shall take effect immediately.