Assembly Actions -
Senate Actions - UPPERCASE
|Feb 28, 2012
referred to health
Senate Bill S6564
2011-2012 Legislative Session
Archive: Last Bill Status - In Senate Committee Health Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2011-S6564 (ACTIVE) - Details
- See Assembly Version of this Bill:
- Current Committee:
- Senate Health
- Law Section:
- Public Health Law
- Laws Affected:
- Add §1399-o-1, amd §1399-v, Pub Health L
- Versions Introduced in Other Legislative Sessions:
2015-2016: S3171, A1148
2017-2018: S5210, A837
2019-2020: S2655, A2299
2021-2022: S4142, A5061
2011-S6564 (ACTIVE) - Sponsor Memo
BILL NUMBER:S6564 TITLE OF BILL: An act to amend the public health law, in relation to prohibiting smoking in certain outdoor areas PURPOSE OR GENERAL IDEA OF BILL: This bill would restrict smoking in certain outdoor areas. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the public health law 1399-o-1 by 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.
2011-S6564 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6564 I N S E N A T E February 28, 2012 ___________ 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: 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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