Senate Bill S464B

                                BILL NUMBER:S464

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 by
adding section 1399-o-1, 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.

                                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.