S T A T E O F N E W Y O R K
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4677
2017-2018 Regular Sessions
I N S E N A T E
February 24, 2017
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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:
Section 1. Subdivision 2 of section 409 of the education law, as
amended by chapter 449 of the laws of 2012, is amended and two new
subdivisions 3 and 4 are added to read as follows:
2. Notwithstanding the provisions of any other law, rule or regu-
lation, tobacco use shall not be permitted and no person shall use
tobacco OR SMOKELESS TOBACCO on school grounds.
(A) "School grounds" means any building, structure and surrounding
outdoor grounds, including entrances or exits, contained within a public
or private pre-school, nursery school, elementary or secondary school's
legally defined property boundaries as registered in a county clerk's
office.
(B) "SMOKELESS TOBACCO" MEANS ANY PRODUCT THAT CONSISTS OF CUT,
GROUND, POWDERED, OR LEAF TOBACCO THAT IS INTENDED TO BE PLACED BY THE
CONSUMER IN AN ORAL CAVITY.
3. THE BOARD OF EDUCATION OF EACH SCHOOL DISTRICT SHALL ENSURE THE
PLACEMENT, IN EVERY PUBLIC ENTRANCE TO A PUBLIC SCHOOL BUILDING IN ITS
DISTRICT, OF A SIGN WHICH SHALL BE LOCATED SO AS TO BE CLEARLY VISIBLE
TO THE PUBLIC AND SHALL CONTAIN LETTERS WHICH CONTRAST IN COLOR WITH THE
SIGN, INDICATING THAT THE USE OF TOBACCO AND SMOKELESS TOBACCO IS
PROHIBITED THEREIN.
(A) THE BOARD OF EDUCATION OF EACH SCHOOL DISTRICT SHALL ORDER ANY
PERSON USING TOBACCO OR SMOKELESS TOBACCO IN VIOLATION OF THIS SECTION
TO COMPLY WITH THE PROVISIONS OF THIS SECTION. EXCEPT AS OTHERWISE
PROVIDED PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, A PERSON, AFTER
BEING SO ORDERED, WHO USES TOBACCO AND/OR SMOKELESS TOBACCO IN VIOLATION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02046-01-7
S. 4677 2
OF THIS SECTION IS SUBJECT TO A FINE OF NOT LESS THAN ONE HUNDRED
DOLLARS FOR THE FIRST OFFENSE, TWO HUNDRED FIFTY DOLLARS FOR THE SECOND
OFFENSE, AND FIVE HUNDRED DOLLARS FOR EACH SUBSEQUENT OFFENSE. A PENALTY
SHALL BE RECOVERED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPHS (C)
AND (D) OF THIS SUBDIVISION.
(B) THE DEPARTMENT OF HEALTH, UPON WRITTEN COMPLAINT OR HAVING REASON
TO SUSPECT THAT A PUBLIC SCHOOL IS OR MAY BE IN VIOLATION OF THE
PROVISIONS OF THIS SECTION, SHALL, BY WRITTEN NOTIFICATION, ADVISE THE
BOARD OF EDUCATION OF THE SCHOOL DISTRICT ACCORDINGLY AND ORDER APPRO-
PRIATE ACTION TO BE TAKEN. A BOARD OF EDUCATION THAT RECEIVES THAT
NOTICE AND FAILS OR REFUSES TO COMPLY WITH THE ORDER IS SUBJECT TO A
FINE OF NOT LESS THAT TWO HUNDRED FIFTY DOLLARS FOR THE FIRST OFFENSE,
FIVE HUNDRED DOLLARS FOR THE SECOND OFFENSE, AND ONE THOUSAND DOLLARS
FOR EACH SUBSEQUENT OFFENSE. IN ADDITION TO THE PENALTY PROVIDED HEREIN,
A COURT MAY ORDER IMMEDIATE COMPLIANCE WITH THE PROVISIONS OF THIS
SECTION.
(C) A PENALTY RECOVERED UNDER THE PROVISIONS OF THIS SECTION SHALL BE
RECOVERED BY, AND IN THE NAME OF, THE COMMISSIONER OF HEALTH. WHEN THE
PLAINTIFF IS THE COMMISSIONER, THE PENALTY RECOVERED SHALL BE PAID BY
THE COMMISSIONER OF HEALTH INTO THE TREASURY OF THE STATE.
(D) THE SUPREME COURT OF THE COUNTY IN WHICH A VIOLATION IS ALLEGED TO
HAVE OCCURRED SHALL HAVE JURISDICTION OVER PROCEEDINGS TO ENFORCE AND
COLLECT ANY PENALTY IMPOSED BECAUSE OF A VIOLATION OF THIS SECTION.
PROCESS SHALL BE IN THE NATURE OF A SUMMONS OR WARRANT AND SHALL ISSUE
ONLY AT THE SUIT OF THE COMMISSIONER OF HEALTH OR THE LOCAL BOARD OF
HEALTH, AS THE CASE MAY BE, AS PLAINTIFF.
(E) THE PENALTIES PROVIDED IN PARAGRAPHS (A) AND (B) OF THIS SUBDIVI-
SION SHALL BE THE ONLY CIVIL REMEDY FOR A VIOLATION OF THIS SECTION.
THERE SHALL BE NO PRIVATE RIGHT OF ACTION AGAINST A PARTY FOR FAILURE TO
COMPLY WITH THE PROVISIONS OF THIS SECTION.
4. A STUDENT WHO VIOLATES THE PROVISIONS OF THIS SECTION AFTER BEING
ORDERED BY THE BOARD OF EDUCATION OF THE DISTRICT TO COMPLY WITH THE
PROVISIONS OF THIS SECTION, SHALL NOT BE SUBJECT TO THE FINES ESTAB-
LISHED PURSUANT TO THIS SECTION, BUT, RATHER, SHALL BE PROHIBITED BY THE
BOARD OF EDUCATION OF THE DISTRICT FROM PARTICIPATION IN ALL EXTRACUR-
RICULAR ACTIVITIES, INCLUDING INTERSCHOLASTIC ATHLETICS, AND THE REVOCA-
TION OF ANY STUDENT PARKING PERMIT THAT THE STUDENT MAY POSSESS. THE
BOARD OF EDUCATION SHALL ADOPT A POLICY THAT ESTABLISHES THE LENGTH OF A
SUSPENSION OR REVOCATION TO BE IMPOSED ON A STUDENT FOR AN INITIAL OR
SUBSEQUENT VIOLATION OF THE PROVISIONS OF THIS SECTION.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.