BILL NUMBER: S2138

SPONSOR: SANDERS
 
TITLE OF BILL:  An act to amend the public health law, in relation to
enacting the "Smoke Free Parks Act of 2019"

 
PURPOSE:

To prohibit smoking in all New York State Parks.

 
SUMMARY OF PROVISIONS:

Section 1399-o-1 of the public health law is amended by adding a new
subdivision 3 to prohibit smoking in all New York State parks. In addi-
tion, each state park must post a sign at the park entrance stating "All
New York State Parks are now Smoke-Free Parks"

 
EXISTING LAW:

New Law
              

 
JUSTIFICATION:

The New York Supreme Court in Troy ruled on October 8, 2013 that Office
of Parks, Recreation & Historic Preservation exceeded its authority when
it banned outdoor smoking in state parks. The court blocked the office
from implementing or enforcing the ban and ordered any signs referring
to it removed. The court ruled that the parks office extended its
actions "into the realm of legislating."

People visit our state parks to enjoy a safe, family friendly environ-
ment. The United States Centers for Disease Control and Prevention (the
"CDC") has determined that exposure to secondhand smoke is extremely
hazardous to the health of both children and adults. Therefore, it is
imperative that we abolish secondhand smoke in our state parks and allow
the citizens of our state to enjoy our parks without putting their
health, or the health of their children, in jeopardy.

In children, the CDC has determined that secondhand smoke causes ear
infections, more frequent and severe asthma attacks, respiratory symp-
toms (e.g., coughing, sneezing, shortness of breath) respiratory
infections (i.e., bronchitis, pneumonia), a greater risk for sudden
infant death syndrome (SIDS). In children aged 18 months or younger, the
CDC has determined that secondhand smoke exposure is responsible for an
estimated 150,000-300,000 new cases of bronchitis and pneumonia annual-
ly. Secondhand smoke is also responsible for approximately 7,500-15,000
hospitalizations of children annually in the United States.

In adults who have never smoked, the CDC has determined that secondhand
smoke can cause heart disease and/or lung cancer. For nonsmokers,
breathing secondhand smoke has immediate harmful effects on the cardio-
vascular system that can increase the risk for heart attack. People who
already have heart disease are at especially high risk. Secondhand smoke
exposure causes an estimated 46,000 heart disease deaths annually among
adult nonsmokers in the United States.  Secondhand smoke also increases
lung cancer risk in adults.  Secondhand smoke exposure causes an esti-
mated 3,400 lung cancer deaths annually among adult nonsmokers in the
United States.

The financial impact of secondhand smoke also takes a toll on our econo-
my. According to the American Cancer Society, in the United States, the
costs of extra medical care, illness, and death caused by secondhand
smoke are over 510 billion per year. This bill will legislate a ban on
smoking in all New York State parks and eliminate secondhand smoke in
our parks.

 
LEGISLATIVE HISTORY:

01/06/16 Referred to Health
02/17/15 Referred to Health

 
FISCAL IMPLICATIONS:

De Minimis cost

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.