Senate Bill S4142

Signed By Governor
2021-2022 Legislative Session

Relates to prohibiting smoking in public parks

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A5061 - Signed by Governor

  • 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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2021-S4142 (ACTIVE) - Details

See Assembly Version of this Bill:
A5061
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
2019-2020: S2655, A2299

2021-S4142 (ACTIVE) - Summary

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

2021-S4142 (ACTIVE) - Sponsor Memo

2021-S4142 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4142
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced  by  Sens.  STAVISKY,  KRUEGER, LIU -- 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.
   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
 STATE PARK OR PORTION THEREOF BY THE OFFICE  OF  PARKS,  RECREATION  AND
 HISTORIC PRESERVATION.  THIS SUBDIVISION SHALL NOT LIMIT THE APPLICABIL-
 ITY 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
                       [ ] is old law to be omitted.

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