Assembly Bill A35

2015-2016 Legislative Session

Requires owners of multiple dwelling properties to develop, implement and distribute smoking policies

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A35 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Public Health Law
Laws Affected:
Add ยง1399-y, Pub Health L
Versions Introduced in Other Legislative Sessions:
2011-2012: A10498
2013-2014: A495
2017-2018: A26
2019-2020: A353
2021-2022: A445
2023-2024: A171

2015-A35 (ACTIVE) - Summary

Requires owners of multiple dwelling properties to develop, implement and distribute smoking policies to current and prospective tenants; requires a posted copy of the smoking policy; requires such policy be incorporated into all written and oral leases and contracts for sale; allows the enforcement officer the power to impose a civil penalty for violations.

2015-A35 (ACTIVE) - Bill Text download pdf

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

                                   35

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. PAULIN, DINOWITZ, GALEF, ABINANTI, CLARK, CRESPO,
  ENGLEBRIGHT,  JAFFEE, ROBERTS, TITUS, WEPRIN, PERRY -- Multi-Sponsored
  by -- M. of A. BARRETT -- read once and referred to the  Committee  on
  Health

AN  ACT  to amend the public health law, in relation to requiring owners
  of multiple dwelling properties to develop, implement  and  distribute
  smoking policies

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

  Section 1. Legislative findings.   Secondhand smoke is  produced  from
the  lighted end of tobacco products and from smoke exhaled from a smok-
er. Secondhand smoke is a known carcinogen and exposure to it is  linked
to  increased  risk  of  cancer,  respiratory  complications  and  heart
disease. Any level of exposure to secondhand smoke is harmful  to  chil-
dren  and  adults;  it  is estimated that 3,400 nonsmoking adults die of
lung cancer and up to one million asthmatic children have worsened asth-
ma and asthma-related problems each year  in  the  United  States  as  a
result  of inhaling secondhand smoke.  Private owners and public housing
authorities may restrict smoking in or on their properties. In buildings
with multifamily units, smoke  can  spread  between  units  through  air
ducts,  cracks  and  elevator shafts and involuntarily expose nonsmoking
tenants. Secondhand smoke often cannot be controlled  using  ventilation
systems,  air  cleaning,  or  separating  non-smokers  from smokers. The
intent of this legislation is to require  owners  of  multiple  dwelling
properties  to  develop, incorporate into leases and condominium bylaws,
and to distribute smoking policies to current and  prospective  tenants.
The  bill  acts to help nonsmokers protect themselves and their families
from secondhand smoke by providing information they can weigh in select-
ing a new residence in a multiple dwelling building and  to  reduce  the
number of conflicts between nonsmokers and smokers.

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

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