What's happening
This bill prohibits the use of smokeless tobacco on school grounds and establishes penalties and enforcement procedures for violations.
Why it matters
Expands tobacco bans to include smokeless tobacco. (like chewing tobacco, snuff, and similar products), closing a loophole that previously allowed these products on school property and aligning policy with current public health concerns.
Mandates visible signage. at every public school entrance, making it clear to all visitors that both tobacco and smokeless tobacco use are strictly prohibited, which increases awareness and supports enforcement.
Establishes a tiered penalty system. for violators (excluding students), with increasing fines for repeated offenses—$100 for the first, $250 for the second, and $500 for subsequent violations—providing a financial deterrent for adults and visitors.
Implements non-monetary consequences for students. , such as suspension from extracurricular activities and loss of parking privileges, rather than fines, which focuses on behavioral correction and avoids penalizing students financially.
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Who cares
Headline styles
Ban Smokeless Tobacco in Schools
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to education
- Referred to education
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2470
2019-2020 Regular Sessions
IN SENATE
January 25, 2019
Introduced by Sens. SANDERS, CARLUCCI -- 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 Assembly, 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 regulation, 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.
LBD08743-01-9
S. 2470 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 appropriate 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 subdivision 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 established pursuant to this section, but, rather, shall be prohibited by the board of education of the district from participation in all extracurricular activities, including interscholastic athletics, and the revocation 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to prohibiting the use of smokeless tobacco on school grounds
Purpose
To prohibit the use of smokeless tobacco on school grounds and add enforcement provisions.
Summary of provisions
Section 1 amends subdivision 2 of section 409 of the education law, as amended by chapter 449 of the laws of 2012, to clarify that smokeless tobacco is prohibited from school grounds -- as tobacco already is -define smokeless tobacco, ensure the placement of signs at schools and establish fines. After a warning, the fines are $100, $250 and $500. Students who fail to comply with the warning are not fined, but rather face disciplinary consequences at school.
Section 2 provides this act shall take effect on the sixtieth day after it shall have become a law.
Existing law
Tobacco is banned from school grounds, but there is no mention of smoke- less tobacco and there are no enforcement provisions.
Justification
Tobacco is rightfully prohibited on school grounds. The law should clar- ify that smokeless tobacco (e.g., chewing tobacco) is also not allowed. It is not only the intent of the state to protect children from smoking, but from all forms of this addictive and cancer causing substance. Requiring the postage of signs and including enforcement provisions will provide disincentives for breaking the law.
Legislative history
01/22/16 Referred to Education
Fiscal implications
None
Local fiscal implications
None
Effective date
This act shall take effect on the sixtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.