NY State Senate Bill 2015-S3171

Archive: Last Bill Status - In Senate Committee Health 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to health
Feb 03, 2015	referred to health

co-Sponsors

2015-S3171 (ACTIVE) - Details

See Assembly Version of this Bill:: A1148
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1399-o-2, amd §1399-v, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6564, A6156
2013-2014: S464, A450
2017-2018: S5210, A837
2019-2020: S2655, A2299
2021-2022: S4142, A5061

2015-S3171 (ACTIVE) - Summary

Prohibits smoking in public parks and pedestrian plazas; sets $50 fine; defines terms.

2015-S3171 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3171

TITLE OF BILL:  An act to amend the public health law, in relation to
prohibiting smoking in certain outdoor areas

PURPOSE OR GENERAL IDEA OF BILL:

This bill would restrict smoking in certain outdoor areas.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the public health law by adding section 1399-o-2,
prohibiting smoking on any municipal or state operated park, or
pedestrian plaza.

Municipal or state operated parks include boardwalks, marinas,
playgrounds, recreation centers and all other property, equipment,
buildings and facilities under charge or control of any state or local
government. Pedestrian plazas are any area designated by the
department of transportation for use as a plaza, which may contain
benches, tables or other facilities for pedestrian use.

Section 1 of this bill also labels areas where the provision shall not
apply. These areas are sidewalks immediately adjoining parks, parking
lots, theatrical productions, and any route through any park strip,
median or mall that is adjacent to vehicular traffic.  This section

also exempts the Adirondack Park and Catskill Park as defined by
section 9-0101 of the environmental conservation law from any
provisions of this bill.

Section 2 amends section 1399-v of the public health law as added by
chapter 244 of the laws of 1989. It assigns a civil penalty of fifty
dollars for each violation.

Section 3 of this bill sets the effective date.

JUSTIFICATION:

Cigarette butts are not biodegradable. While the paper and tobacco
portions of cigarette butts are biodegradable, their cellulose acetate
filters at not. Cellulose acetate, a form of plastic, can persist in
the environment for many years.

Worldwide, smokers toss an estimated 4.5 trillion butts every year.
The International Coastal Cleanup Project conducted by the Center for
Marine Conservation reports that cigarette butts have been the leading
item found during cleanup.

Localities throughout the country are now acting to ban smoking in
public parks. New York City has already passed legislation prohibiting
smoking at all of the areas this bill encompasses.  Smoking is also
prohibited at children's playgrounds in the towns of
Greenburgh(Westchester), Huntington (Suffolk) and the City of Little
Falls (Herkimer). Many localities throughout the nation, including San
Francisco, Los Angles, and Salt Lake City have already acted to
restrict or prohibit smoking in parks.


Support for restricting smoking in outdoor areas has grown due to the
concerns of secondhand smoke and cigarette litter. Secondhand smoke
kills approximately 62,000 people each year. A survey conducted as
part of the 2011 Independent Evaluation of the Tobacco Control Program
(latest report available) found that a majority of New Yorkers support
banning smoking in outdoor public areas.

PRIOR LEGISLATIVE HISTORY:

None

FISCAL IMPLICATIONS:

Fines created by this bill would result in some revenue for
municipalities and localities that enforce the fine.

EFFECTIVE DATE:

This act shall take effect 90 days after it shall have become a law.

2015-S3171 (ACTIVE) - Bill Text download pdf

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

                                  3171

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 3, 2015
                               ___________

Introduced by Sens. STAVISKY, KRUEGER -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health

AN  ACT to amend the public health law, in relation to prohibiting smok-
  ing in certain outdoor areas

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

  Section  1.  The  public health law is amended by adding a new section
1399-o-2 to read as follows:
  S 1399-O-2. SMOKING RESTRICTIONS; CERTAIN OUTDOOR  AREAS.  1.  SMOKING
SHALL  NOT  BE PERMITTED AND NO PERSON SHALL SMOKE IN ANY PUBLIC PARK OR
PEDESTRIAN PLAZA.
  2. FOR THE PURPOSES OF THIS SECTION:
  (A) "PARK" MEANS PUBLIC PARKS, BEACHES, WATERS AND LAND  UNDER  WATER,
POOLS,  BOARDWALKS,  MARINAS,  PLAYGROUNDS,  RECREATION  CENTERS AND ALL
OTHER PROPERTY, EQUIPMENT, BUILDINGS AND  FACILITIES  NOW  OR  HEREAFTER
UNDER  THE JURISDICTION, CHARGE OR CONTROL OF ANY STATE OR LOCAL GOVERN-
MENT AGENCY OR DEPARTMENT; PROVIDED, HOWEVER, THAT FOR THE  PURPOSES  OF
THIS  SECTION THE TERM PUBLIC PARK SHALL NOT INCLUDE THE ADIRONDACK PARK
OR THE CATSKILL PARK AS THOSE TERMS ARE DEFINED IN SECTION 9-0101 OF THE
ENVIRONMENTAL CONSERVATION LAW.
  (B) "PEDESTRIAN PLAZA" MEANS AN AREA DESIGNATED BY THE  DEPARTMENT  OF
TRANSPORTATION  FOR  USE AS A PLAZA LOCATED WITHIN THE BED OF A ROADWAY,
WHICH MAY CONTAIN BENCHES, TABLES OR  OTHER  FACILITIES  FOR  PEDESTRIAN
USE.
  3.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY TO: (A) THE SIDE-
WALKS IMMEDIATELY ADJOINING PARKS, SQUARES AND PUBLIC  PLACES;  (B)  ANY
PEDESTRIAN ROUTE THROUGH ANY PARK STRIP, MEDIAN OR MALL THAT IS ADJACENT
TO  VEHICULAR  TRAFFIC;  (C)  PARKING  LOTS  OR ROADWAYS; (D) THEATRICAL
PRODUCTIONS; AND (E) ANY PORTION OF A PARK THAT IS  NOT  USED  FOR  PARK
PURPOSES.  THIS  SUBDIVISION  SHALL  NOT  LIMIT THE APPLICABILITY OF ANY
OTHER LAWS TO SUCH PLACES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01079-01-5

S. 3171                             2

  S 2. Section 1399-v of the public health law, as added by chapter  244
of the laws of 1989, is amended to read as follows:
  S  1399-v. Penalties.  The commissioner may impose a civil penalty for
a violation of this article in an amount not to exceed that set forth in
subdivision one of section twelve of this chapter. Any other enforcement
officer may impose a civil penalty for a violation of this article in an
amount not to exceed that set forth in paragraph [f] (F) of  subdivision
one  of  section three hundred nine of this chapter. NOTWITHSTANDING THE
FOREGOING PROVISIONS, A VIOLATION OF THE PROVISIONS OF SECTION  THIRTEEN
HUNDRED NINETY-NINE-O-TWO OF THIS ARTICLE SHALL BE PUNISHABLE BY A CIVIL
PENALTY OF FIFTY DOLLARS FOR EACH VIOLATION.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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Senate Bill S3171

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

co-Sponsors

2015-S3171 (ACTIVE) - Details

2015-S3171 (ACTIVE) - Summary

2015-S3171 (ACTIVE) - Sponsor Memo

2015-S3171 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3171

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Sponsored By

Toby Ann Stavisky

Archive: Last Bill Status - In Senate Committee Health Committee

co-Sponsors

Liz Krueger

2015-S3171 (ACTIVE) - Details

2015-S3171 (ACTIVE) - Summary

2015-S3171 (ACTIVE) - Sponsor Memo

2015-S3171 (ACTIVE) - Bill Text download pdf

Comments