senate Bill S1643

Signed By Governor
2013-2014 Legislative Session

Prohibits smoking at playgrounds

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Sponsored By

Archive: Last Bill Status Via A4025 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 12, 2013 signed chap.102
Jul 02, 2013 delivered to governor
Jun 21, 2013 returned to assembly
passed senate
3rd reading cal.1596
substituted for s1643
Jun 21, 2013 substituted by a4025
ordered to third reading cal.1596
committee discharged and committed to rules
Jan 09, 2013 referred to health

Votes

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Co-Sponsors

S1643 - Bill Details

See Assembly Version of this Bill:
A4025
Law Section:
Public Health Law
Laws Affected:
Add ยง1399-o-1, Pub Health L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S7627A, A6451C
2009-2010: A1137

S1643 - Bill Texts

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

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BILL NUMBER:S1643

TITLE OF BILL: An act to amend the public health law, in relation to
prohibiting smoking at playgrounds

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to
place restrictions on smoking on playgrounds

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the Public Health Law by adding a new section
1399-0-1 that places smoking restrictions at playgrounds.

1. Smoking is not permitted between sunrise and sunset when one or
more persons under the age of 12 are present at the playground. For
the purposes of this section, playground is defined as an improved
area designed, equipped, and set aside for play by six or more
children and is not intended to be used 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 on 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 officer may arrest, ticket, stop or question any person
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 ox limited search
of any person of his or her immediate surroundings.

JUSTIFICATION: This legislation is intended to protect the health of
children who are more vulnerable to the ill effects of second-hand
smoke than adults. Historical data has consistently demonstrated that
children are significantly affected by second-hand smoke. Second-hand
smoke puts them at risk of severe respiratory diseases and often
hinders the growth of their lungs. Second-hand smoke (SHS) exposure
increases the risk of lower respiratory tract infections such as
bronchitis and pneumonia. The United States Environmental Protection
Agency (EPA) estimates that annually between 50,000 and 300,000 of
these cases, consisting of infants and young children, are
attributable to SHS exposure. Between 7,500 and 15,000 of these cases
will result in hospitalization. SHS exposure impairs a child's ability
to learn. It is a neurotoxin even at extremely low levels. More than
2.9 million children are estimated to be at risk of reading deficits
because of SHS. Higher levels of exposure to SHS are also associated
with greater deficiency in math and visuospatial reasoning.

Opinion polls indicate that the vast majorities of the public support
smoking restrictions and ordinances and therefore, laws are being
established to reflect this opinion. Most recently, New York State has
banned smoking on train platforms New York City has no smoking
regulations on all playgrounds, parks and some public squares as of
2010. Smoking has been banned on domestic and international flights,
in most schools, restaurants, public transit, sections of beaches and


various indoor facilities. There were ordinances in more than 1,727
communities that ban or restrict smoking in indoor environments.

PRIOR LEGISLATIVE HISTORY:

S.7627 -2012- referred to Health; Passed the Assembly S.5005 - 2009-10
- referred to Health; Passed the Assembly A.7469C -2007-08 - Passed
the Assembly S.7153 - 2006 - Referred to Health

FISCAL IMPLICATIONS: The fiscal implications could possibly include
revenue gains by the regional and said jurisdictions.

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

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

                                  1643

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- 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 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
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.
                                                           LBD04782-01-3

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