senate Bill S464A

Amended

Relates to prohibiting smoking in public parks and pedestrian plazas

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO HEALTH
  • 08 / Jan / 2014
    • REFERRED TO HEALTH
  • 21 / Jan / 2014
    • AMEND AND RECOMMIT TO HEALTH
  • 21 / Jan / 2014
    • PRINT NUMBER 464A
  • 02 / May / 2014
    • AMEND AND RECOMMIT TO HEALTH
  • 02 / May / 2014
    • PRINT NUMBER 464B

Summary

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

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Bill Details

Versions:
S464
S464A
S464B
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §1399-o-2, amd §1399-v, Pub Health L
Versions Introduced in 2011-2012 Legislative Cycle:
S6564

Sponsor Memo

BILL NUMBER:S464A

TITLE OF BILL: An act to amend the public health law, in relation to
prohibiting smoking in certain outdoor areas

PURPOSE OF GENERAL IDEA OF BILL:

This bill would restrict smoking in certain outdoor areas.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the public health by adding section 1399-o-2,
prohibiting smoking on any municipal or state operated park, or
pedestrian plaza. Municipal or state operated park Include boardwalks,
marinas, playgrounds, recreation centers and all other Property,
equipment, buildings and facilities under charge or control of any
state or local government. Pedestrian plazas are any area designated
by the department of transportation for use as a plaza, which may
contain benches, tables or other facilities for pedestrian use.

Section 1 of this bill also labels areas where the provision shall not
apply. These areas are sidewalks immediately adjoining parks, parking
lots, theatrical productions, and any route through any park strip,
median or mall that is adjacent to vehicular traffic.

Section 2 amends section 1399-v of the public health law. It assigns a
civil penalty of fifty dollars for each violation.

Section 3 of this bill sets the effective date.

JUSTIFICATION:

Localities throughout the country are now acting to ban smoking in
public parks. New York City has already passed legislation prohibiting
smoking at all of the areas this bill encompasses. Smoking is also
prohibited at children's playgrounds in the towns of Greenburgh
(Westchester), Huntington (Suffolk) and the City of Little Falls
(Herkimer). Many localities throughout the nation, including San
Francisco, Los Angles, and Salt Lake City have already acted to
restrict or prohibit smoking in parks.

A 2012 meta-analysis study by the Center for Tobacco Control Research
and Education at the University of California, San Francisco found
that "smoke-free laws have dramatic and immediate impacts on health
and associated medical costs." The study found that "smoke-free laws"
in 33 locales led to a 15 percent reduction in hospitalizations for
heart attacks and 16 percent for strokes. The Campaign for
Tobacco-Free Kids said, "this study adds to the evidence, including a
review by the Institute of Medicine, that smoke-free laws save lives
by preventing heart attacks, strokes and other serious diseases."

An October 2012 study by the Mayo Clinic in Rochester, Minnesota,
found heart attacks dropped by 33 percent in one Minnesota county in
the 18: months following smoke-free legislation, when compared to the
18 months preceding its passage. In addition, there was a 17 percent
reduction in sudden cardiac deaths.


Support for restricting smoking in outdoor areas has grown due to the
concerns of secondhand smoke and cigarette litter. Secondhand smoke
kills approximately 63,000 people each year. A survey conducted as
part of the 2005 Independent Evaluation of the Tobacco Control Program
found that a majority of New Yorkers support banning smoking at public
parks.

PRIOR LEGISLATIVE HISTORY:

None

FISCAL IMPLICATIONS:

Fines created by this bill would result in some revenue for
municipalities and localities that enforce the fine.

EFFECTIVE DATE:

This act shall take effect 90 days after it shall have become a law.

view bill text
                    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

S. 464--A                           2

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:
  S 1399-v. Penalties.  The commissioner may impose a civil penalty  for
a violation of this article in an amount not to exceed that set forth in
subdivision one of section twelve of this chapter. Any other enforcement
officer may impose a civil penalty for a violation of this article in an
amount  not to exceed that set forth in paragraph [f] (F) of subdivision
one of section three hundred nine of this chapter.  NOTWITHSTANDING  THE
FOREGOING  PROVISIONS, A VIOLATION OF THE PROVISIONS OF SECTION THIRTEEN
HUNDRED NINETY-NINE-O-TWO OF THIS ARTICLE SHALL BE PUNISHABLE BY A CIVIL
PENALTY OF FIFTY DOLLARS FOR EACH VIOLATION.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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