senate Bill S6241

Enacts the "Smoke Free Parks Act of 2014"

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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

  • 08 / Jan / 2014
    • REFERRED TO HEALTH

Summary

Enacts the "Smoke Free Parks Act of 2014"; prohibits smoking in public parks.

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Bill Details

Versions:
S6241
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd ยง1399-o-1, Pub Health L

Sponsor Memo

BILL NUMBER:S6241

TITLE OF BILL: An act to amend the public health law, in relation to
enacting the "Smoke Free Parks Act of 2014"

PURPOSE:

To prohibit smoking in all New York State Parks.

SUMMARY OF PROVISIONS:

Section 1399-o-1 of the public health law is amended by adding a new
subdivision 3 to prohibit smoking in all New York State parks. In
addition, each state park must post a sign at the park entrance
stating "All New York State Parks are now Smoke-Free Parks"

JUSTIFICATION:

The New York Supreme Court in Troy ruled on October 8, 2013 that
Office of Parks, Recreation & Historic Preservation exceeded its
authority when it banned outdoor smoking in state parks. The court
blocked the office from implementing or enforcing the ban and ordered
any signs referring to it removed. The court ruled that the parks
office extended its actions "into the realm of legislating."

People visit our state parks to enjoy a safe, family friendly
environment. The United States Centers for Disease Control and
Prevention (the "CDC") has determined that exposure to secondhand
smoke is extremely hazardous to the health of both children and
adults. Therefore, it is imperative that we abolish secondhand smoke
in our state parks and allow the citizens of our state to enjoy our
parks without putting their health, or the health of their children,
in jeopardy.

In children, the CDC has determined that secondhand smoke causes ear
infections, more frequent and severe asthma attacks, respiratory
symptoms (e.g., coughing, sneezing, shortness of breath) respiratory
infections (i.e., bronchitis, pneumonia), a greater risk for sudden
infant death syndrome (SIDS). In children aged 18 months or younger,
the CDC has determined that secondhand smoke exposure is responsible
for an estimated 150,000-300,000 new cases of bronchitis and pneumonia
annually. Secondhand smoke is also responsible for approximately
7,500-15,000 hospitalizations of children annually in the United
States.

In adults who have never smoked, the CDC has determined that
secondhand smoke can cause heart disease and/or lung cancer. For
nonsmokers, breathing secondhand smoke has immediate harmful effects
on the cardiovascular system that can increase the risk for heart
attack. People who already have heart disease are at especially high
risk. Secondhand smoke exposure causes an estimated 46,000 heart
disease deaths annually among adult nonsmokers in the United States.
Secondhand smoke also increases lung cancer risk in adults.
Secondhand smoke exposure causes an estimated 3,400 lung cancer deaths
annually among adult nonsmokers in the United States.


The financial impact of secondhand smoke also takes a toll on our
economy. According to the American Cancer Society, in the United
States, the costs of extra medical care, illness, and death caused by
secondhand smoke are over 510 billion per year.

This bill will legislate a ban on smoking in all New York State parks
and eliminate secondhand smoke in our parks.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

De minimis cost.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become law.

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

                                  6241

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sen. SANDERS -- 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  enacting  the
  "Smoke Free Parks Act of 2014"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as the "Smoke Free
Parks Act of 2014".
  S 2. Section 1399-o-1 of the public health law is amended by adding  a
new subdivision 3 to read as follows:
  3.  SMOKING  SHALL  NOT  BE PERMITTED AND NO PERSON SHALL SMOKE IN ANY
PUBLIC PARK IN THIS STATE. THE GOVERNING BODY OF A MUNICIPALITY OR POLI-
TICAL SUBDIVISION WHICH OPERATES OR MAINTAINS A PUBLIC PARK OR THE STATE
AGENCY OR OTHER ENTITY WHICH OPERATES OR MAINTAINS  A  STATE  PARK  MUST
DISPLAY A SIGN AT THE ENTRANCE OF SUCH PUBLIC PARK STATING "ALL NEW YORK
STATE  PARKS  ARE  NOW  SMOKE-FREE  PARKS".  ANY PERSON WHO VIOLATES THE
PROVISIONS OF THIS SUBDIVISION SHALL BE SUBJECT TO A FINE  OF  NOT  MORE
THAN FIVE HUNDRED DOLLARS.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11942-04-3

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