Do you support this bill?

Assembly Bill A6451C

2011-2012 Legislative Session

Prohibits smoking at playgrounds

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

Bill Amendments

co-Sponsors

multi-Sponsors

2011-A6451 - Details

See Senate Version of this Bill:
S7627
Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Add §1399-o-l, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1137
2013-2014: A4025, S1643

2011-A6451 - Summary

Relates to smoking restrictions on playgrounds and enforcement by park police.

2011-A6451 - Bill Text download pdf 

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

                                  6451

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 17, 2011
                               ___________

Introduced by M. of A. GALEF, GOTTFRIED, PAULIN, DINOWITZ, CLARK, FINCH,
  SPANO,  N. RIVERA, TOBACCO, MENG, ENGLEBRIGHT -- Multi-Sponsored by --
  M. of A. HEVESI, HOOPER, LANCMAN, LIFTON, MARKEY, MAYERSOHN, McKEVITT,
  MOLINARO, SWEENEY, THIELE -- read once and referred to  the  Committee
  on Health

AN  ACT to amend the public health law, in relation to prohibiting smok-
  ing at 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-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 DURING THE HOURS
BETWEEN SUNRISE AND SUNSET, WHEN ONE OR MORE PERSONS UNDER  THE  AGE  OF
TWELVE ARE PRESENT 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.  PLAYGROUNDS  OR  PLAYGROUND
EQUIPMENT  CONSTRUCTED  UPON  ONE, TWO AND THREE-FAMILY RESIDENTIAL REAL
PROPERTY ARE EXEMPT FROM THE REQUIREMENTS OF THIS SECTION.
  2. NO  POLICE  OFFICER,  PEACE  OFFICER,  REGULATORY  OFFICER  OR  LAW
ENFORCEMENT  OFFICIAL  MAY  ARREST,  TICKET, STOP OR QUESTION ANY PERSON
BASED SOLELY OR IN PART ON AN ALLEGED VIOLATION OF  SUBDIVISION  ONE  OF
THIS  SECTION,  NOR  MAY AN ALLEGED VIOLATION OF SUBDIVISION ONE OF THIS
SECTION SUPPORT PROBABLE CAUSE TO CONDUCT ANY SEARCH OR  LIMITED  SEARCH
OF ANY PERSON OR HIS OR HER IMMEDIATE SURROUNDINGS.
  S  2.  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.
                                                           LBD07580-01-1

co-Sponsors

multi-Sponsors

2011-A6451A - Details

See Senate Version of this Bill:
S7627
Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Add §1399-o-l, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1137
2013-2014: A4025, S1643

2011-A6451A - Summary

Relates to smoking restrictions on playgrounds and enforcement by park police.

2011-A6451A - Bill Text download pdf 

                            
                    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  A S S E M B L Y

                             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.

co-Sponsors

multi-Sponsors

2011-A6451B - Details

See Senate Version of this Bill:
S7627
Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Add §1399-o-l, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1137
2013-2014: A4025, S1643

2011-A6451B - Summary

Relates to smoking restrictions on playgrounds and enforcement by park police.

2011-A6451B - Bill Text download pdf 

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

                                 6451--B
                                                        Cal. No. 211

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 17, 2011
                               ___________

Introduced by M. of A. GALEF, GOTTFRIED, PAULIN, DINOWITZ, CLARK, FINCH,
  N. RIVERA,  TOBACCO,  MENG, ENGLEBRIGHT, P. RIVERA, ABINANTI, ROBERTS,
  ZEBROWSKI, ORTIZ, JAFFEE, WEPRIN -- Multi-Sponsored by  --  M.  of  A.
  ARROYO,  CALHOUN,  CERETTO,  CONTE,  CROUCH,  HEASTIE, HEVESI, HOOPER,
  LANCMAN, LIFTON,  MARKEY,  McKEVITT,  J. MILLER,  MONTESANO,  SWEENEY,
  THIELE, TITONE -- 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  --  again  amended  on  third
  reading,  ordered reprinted, retaining its place on the order of third
  reading

AN  ACT  to  amend  the  public  health  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 DURING THE HOURS BETWEEN SUNRISE AND
SUNSET  WHEN  ONE OR MORE PERSONS UNDER THE AGE OF TWELVE ARE PRESENT 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,  SURFAC-
ING, FENCING, SIGNS, INTERNAL PATHWAYS, INTERNAL LAND FORMS, VEGETATION,
AND  RELATED STRUCTURES. PLAYGROUNDS OR PLAYGROUND EQUIPMENT CONSTRUCTED
UPON ONE, TWO AND THREE-FAMILY RESIDENTIAL REAL PROPERTY ARE EXEMPT FROM
THE REQUIREMENTS OF THIS SECTION.
  2. THE PROVISIONS OF THIS SECTION:
  A. SHALL BE SUBJECT TO ANY RULES AND REGULATIONS  PROMULGATED  BY  THE
OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07580-04-2

co-Sponsors

multi-Sponsors

2011-A6451C (ACTIVE) - Details

See Senate Version of this Bill:
S7627
Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Add §1399-o-l, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1137
2013-2014: A4025, S1643

2011-A6451C (ACTIVE) - Summary

Relates to smoking restrictions on playgrounds and enforcement by park police.

2011-A6451C (ACTIVE) - Bill Text download pdf 

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

                                 6451--C
                                                        Cal. No. 211

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 17, 2011
                               ___________

Introduced by M. of A. GALEF, GOTTFRIED, PAULIN, DINOWITZ, CLARK, FINCH,
  N. RIVERA,  TOBACCO,  MENG, ENGLEBRIGHT, P. RIVERA, ABINANTI, ROBERTS,
  ZEBROWSKI, ORTIZ, JAFFEE, WEPRIN -- Multi-Sponsored by  --  M.  of  A.
  ARROYO,  CALHOUN,  CERETTO,  CONTE,  CROUCH,  HEASTIE, HEVESI, HOOPER,
  LANCMAN, LIFTON,  MARKEY,  McKEVITT,  J. MILLER,  MONTESANO,  SWEENEY,
  THIELE, TITONE -- 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  --  again  amended  on  third
  reading,  ordered reprinted, retaining its place on the order of third
  reading -- again amended on third reading, ordered reprinted,  retain-
  ing its place on the order of third reading

AN  ACT to amend the public health law, in relation to prohibiting smok-
  ing at 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-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 DURING THE HOURS
BETWEEN SUNRISE AND SUNSET, WHEN ONE OR MORE PERSONS UNDER  THE  AGE  OF
TWELVE ARE PRESENT 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.  PLAYGROUNDS  OR  PLAYGROUND
EQUIPMENT  CONSTRUCTED  UPON  ONE, TWO AND THREE-FAMILY RESIDENTIAL REAL
PROPERTY ARE EXEMPT FROM THE REQUIREMENTS OF THIS SECTION.  THIS SECTION
SHALL NOT APPLY TO ANY PLAYGROUND LOCATED WITHIN THE CITY OF NEW YORK.
  2. NO  POLICE  OFFICER,  PEACE  OFFICER,  REGULATORY  OFFICER  OR  LAW
ENFORCEMENT  OFFICIAL  MAY  ARREST,  TICKET, STOP OR QUESTION ANY PERSON

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

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.