A6451A-2011 Actions

• Jun 18, 2012: REFERRED TO RULES
• Jun 18, 2012: delivered to senate
• Jun 18, 2012: passed assembly
• Jun 12, 2012: amended on third reading (t) 6451c
• May 23, 2012: amended on third reading (t) 6451b
• Feb 29, 2012: amended on third reading (t) 6451a
• Jan 4, 2012: ordered to third reading cal.211
• Jan 4, 2012: RETURNED TO ASSEMBLY
• Jan 4, 2012: DIED IN SENATE
• May 9, 2011: REFERRED TO HEALTH
• May 9, 2011: delivered to senate
• May 9, 2011: passed assembly
• May 5, 2011: advanced to third reading cal.264
• May 3, 2011: reported
• Apr 12, 2011: reported referred to codes
• Mar 17, 2011: referred to health

A6451A-2011 Text

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

                                   6451--A
                                                          Cal. No. 211

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                               March 17, 2011
                                 ___________

  Introduced by M. of A. GALEF, GOTTFRIED, PAULIN, DINOWITZ, CLARK, FINCH,
    N. RIVERA,  TOBACCO,  MENG, ENGLEBRIGHT, P. RIVERA, ABINANTI, ROBERTS,
    ZEBROWSKI -- Multi-Sponsored by -- M. of A. ARROYO,  CERETTO,  HEVESI,
    HOOPER,  LANCMAN, LIFTON, MARKEY, McKEVITT, MONTESANO, SWEENEY, THIELE
    -- read once and referred to the Committee on Health -- advanced to  a
    third  reading,  amended and ordered reprinted, retaining its place on
    the order of third reading

  AN ACT to amend the public health law  and  the  parks,  recreation  and
    historic  preservation  law,  in  relation  to smoking restrictions on
    playgrounds

    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-y to read as follows:

    S 1399-Y. SMOKING RESTRICTIONS ON PLAYGROUNDS. 1. SMOKING SHALL NOT BE
  PERMITTED AND NO PERSON SHALL SMOKE AT ANY PLAYGROUND. FOR THE  PURPOSES
  OF  THIS SECTION, THE TERM "PLAYGROUND" MEANS AN IMPROVED AREA DESIGNED,
  EQUIPPED, AND SET ASIDE FOR PLAY OF SIX OR MORE CHILDREN  WHICH  IS  NOT
  INTENDED  FOR  USE  AS  AN ATHLETIC PLAYING FIELD OR ATHLETIC COURT, AND
  SHALL INCLUDE ANY PLAY EQUIPMENT, SURFACING,  FENCING,  SIGNS,  INTERNAL
  PATHWAYS, INTERNAL LAND FORMS, VEGETATION, AND RELATED STRUCTURES. PLAY-
  GROUNDS  OR PLAYGROUND EQUIPMENT CONSTRUCTED UPON ONE, TWO AND THREE-FA-
  MILY RESIDENTIAL REAL PROPERTY ARE EXEMPT FROM THE REQUIREMENTS OF  THIS
  SECTION.
    2.  PURSUANT  TO  SECTION  13.18 OF THE PARKS, RECREATION AND HISTORIC
  PRESERVATION LAW, THE REGIONAL STATE PARK POLICE SHALL HAVE THE AUTHORI-
  TY TO ENFORCE THE RESTRICTIONS IMPOSED BY THIS SECTION AT ALL SUCH PLAY-
  GROUNDS.
    3. AN ALLEGED VIOLATION OF SUBDIVISION ONE OF THIS SECTION  SHALL  NOT
  SUPPORT PROBABLE CAUSE FOR ANY POLICE OFFICER, PARK OFFICER, PEACE OFFI-
  CER,  REGULATORY  OFFICER  OR  LAW  ENFORCEMENT  OFFICIAL TO CONDUCT ANY

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD07580-02-2

 A. 6451--A                          2

  SEARCH OR  LIMITED  SEARCH  OF  ANY  PERSON  OR  HIS  OR  HER  IMMEDIATE
  SURROUNDINGS.
    S 2. The parks, recreation and historic preservation law is amended by
  adding a new section 13.18 to read as follows:

    S  13.18. SMOKING RESTRICTIONS ON PLAYGROUNDS. THE REGIONAL STATE PARK
  POLICE SHALL HAVE THE AUTHORITY TO ENFORCE THE RESTRICTIONS SET FORTH IN
  SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED NINETY-NINE-Y OF THE  PUBLIC
  HEALTH  LAW.  THE PARK POLICE MAY IMPOSE A CIVIL PENALTY FOR A VIOLATION
  OF SECTION THIRTEEN HUNDRED NINETY-NINE-Y OF THE PUBLIC HEALTH LAW IN AN
  AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS FOR A SINGLE VIOLATION OR FAIL-
  URE.
    S 3. This act shall take effect on the ninetieth day  after  it  shall
  have become a law.