Senate Bill S464A

2013-2014 Legislative Session

Relates to prohibiting smoking in public parks and pedestrian plazas

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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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Bill Amendments

co-Sponsors

2013-S464 - Details

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
2015-2016: S3171
2017-2018: S5210
2019-2020: S2655
2021-2022: S4142

2013-S464 - Summary

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

2013-S464 - Sponsor Memo

2013-S464 - Bill Text download pdf

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

                                   464

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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-1 to read as follows:
  S  1399-O-1.  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.
  (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.
  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:

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

co-Sponsors

2013-S464A - Details

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
2015-2016: S3171
2017-2018: S5210
2019-2020: S2655
2021-2022: S4142

2013-S464A - Summary

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

2013-S464A - Sponsor Memo

2013-S464A - Bill Text download pdf

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

                                 464--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. STAVISKY, RIVERA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health --  recom-
  mitted  to  the  Committee on Health in accordance with Senate Rule 6,
  sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

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.
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01486-02-4
              

co-Sponsors

2013-S464B (ACTIVE) - Details

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
2015-2016: S3171
2017-2018: S5210
2019-2020: S2655
2021-2022: S4142

2013-S464B (ACTIVE) - Summary

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

2013-S464B (ACTIVE) - Sponsor Memo

2013-S464B (ACTIVE) - Bill Text download pdf

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

                                 464--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. STAVISKY, RIVERA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health --  recom-
  mitted  to  the  Committee on Health in accordance with Senate Rule 6,
  sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended  and  recommitted  to  said committee -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01486-07-4
              

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