senate Bill S1643

Signed By Governor
2013-2014 Legislative Session

Prohibits smoking at playgrounds

download bill text pdf

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

view actions (10)
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

Co-Sponsors

S1643 - 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 - Summary

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

S1643 - Sponsor Memo

S1643 - Bill Text download pdf

                    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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