Senate Bill S2655B

2019-2020 Legislative Session

Relates to prohibiting smoking in public parks

download bill text pdf

Sponsored By

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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Votes

Bill Amendments

co-Sponsors

2019-S2655 - Details

See Assembly Version of this Bill:
A2299
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
2015-2016: S3171, A1148
2017-2018: S5210, A837
2021-2022: S4142, A5061

2019-S2655 - Summary

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

2019-S2655 - Sponsor Memo

2019-S2655 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2655
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2019
                                ___________
 
 Introduced  by Sen. STAVISKY -- 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:
   §  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.
              

co-Sponsors

2019-S2655A - Details

See Assembly Version of this Bill:
A2299
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
2015-2016: S3171, A1148
2017-2018: S5210, A837
2021-2022: S4142, A5061

2019-S2655A - Summary

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

2019-S2655A - Sponsor Memo

2019-S2655A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2655--A
     Cal. No. 834
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2019
                                ___________
 
 Introduced  by  Sens.  STAVISKY,  CARLUCCI,  KRUEGER  --  read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Health -- reported favorably from said committee, ordered to first and
   second  report,  ordered  to  a  third  reading,  amended  and ordered
   reprinted, retaining its place in the order of third reading
 
 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:
   §  1399-O-2.  SMOKING  RESTRICTIONS; CERTAIN OUTDOOR AREAS. 1. SMOKING
 SHALL NOT BE PERMITTED AND NO PERSON SHALL SMOKE IN ANY PUBLIC PARK.
   2. FOR THE PURPOSES OF THIS SECTION:
   "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.
   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.
   §  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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2019-S2655B (ACTIVE) - Details

See Assembly Version of this Bill:
A2299
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
2015-2016: S3171, A1148
2017-2018: S5210, A837
2021-2022: S4142, A5061

2019-S2655B (ACTIVE) - Summary

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

2019-S2655B (ACTIVE) - Sponsor Memo

2019-S2655B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2655--B
     Cal. No. 834
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2019
                                ___________
 
 Introduced  by  Sens. STAVISKY, CARLUCCI, KRUEGER, LIU -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Health -- reported favorably from said committee, ordered to first and
   second  report,  ordered  to  a  third  reading,  amended  and ordered
   reprinted, retaining its place in the order of third reading --  again
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading
 
 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:
   §  1399-O-2.  SMOKING  RESTRICTIONS; CERTAIN OUTDOOR AREAS. 1. SMOKING
 SHALL NOT BE PERMITTED AND NO PERSON SHALL SMOKE IN ANY PUBLIC PARK.
   2. FOR THE PURPOSES OF THIS SECTION "PARK" SHALL MEAN:
   (A) PUBLIC PARKS, BEACHES, POOLS,  BOARDWALKS,  MARINAS,  PLAYGROUNDS,
 RECREATION CENTERS, AND GROUP CAMPS; AND
   (B)  EQUIPMENT,  BUILDINGS  AND  FACILITIES NOW OR HEREAFTER UNDER THE
 JURISDICTION, CHARGE OR CONTROL OF ANY STATE OR LOCAL GOVERNMENT  AGENCY
 OR  DEPARTMENT THAT ARE LOCATED AT OR ON ANY PROPERTY DESCRIBED IN PARA-
 GRAPH (A) OF THIS SUBDIVISION; 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.
   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,  EXCEPT  WHEN  SMOKING  HAS  BEEN SPECIFICALLY PROHIBITED IN A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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