senate Bill S464B

2013-2014 Legislative Session

Relates to prohibiting smoking in public parks and pedestrian plazas

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 02, 2014 print number 464b
amend and recommit to health
Jan 21, 2014 print number 464a
amend and recommit to health
Jan 08, 2014 referred to health
Jan 09, 2013 referred to health

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S464 - Bill Details

See Assembly Version of this Bill:
A450B
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add §1399-o-2, amd §1399-v, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
S6564, A6156A

S464 - Bill Texts

view summary

Prohibits smoking in public parks and pedestrian plazas; sets $50 fine; defines terms.

view sponsor memo
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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   464

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01486-01-3

S. 464                              2

  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
amount not to exceed that set forth in paragraph f of subdivision one of
section  three hundred nine of this chapter. NOTWITHSTANDING THE FOREGO-
ING PROVISIONS, A  VIOLATION  OF  THE  PROVISIONS  OF  SECTION  THIRTEEN
HUNDRED  NINETY-NINE-O-1  OF THIS ARTICLE SHALL BE PUNISHABLE BY A CIVIL
PENALTY OF FIFTY DOLLARS FOR EACH VIOLATION.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

Co-Sponsors

S464A - Bill Details

See Assembly Version of this Bill:
A450B
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add §1399-o-2, amd §1399-v, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
S6564, A6156A

S464A - Bill Texts

view summary

Prohibits smoking in public parks and pedestrian plazas; sets $50 fine; defines terms.

view sponsor memo
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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 464--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. STAVISKY, RIVERA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health --  recom-
  mitted  to  the  Committee on Health in accordance with Senate Rule 6,
  sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

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-2 to read as follows:
  S 1399-O-2. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01486-02-4

S. 464--A                           2

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
amount  not to exceed that set forth in paragraph [f] (F) of subdivision
one of section three hundred nine of this chapter.  NOTWITHSTANDING  THE
FOREGOING  PROVISIONS, A VIOLATION OF THE PROVISIONS OF SECTION THIRTEEN
HUNDRED NINETY-NINE-O-TWO OF THIS ARTICLE SHALL BE PUNISHABLE BY A CIVIL
PENALTY OF FIFTY DOLLARS FOR EACH VIOLATION.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

Co-Sponsors

S464B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A450B
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add §1399-o-2, amd §1399-v, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
S6564, A6156A

S464B (ACTIVE) - Bill Texts

view summary

Prohibits smoking in public parks and pedestrian plazas; sets $50 fine; defines terms.

view sponsor memo
BILL NUMBER:S464B

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 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. This section
also exempts the Adirondack Park and Catskill Park as defined by
section 9-0101 of the environmental conservation law from any
provisions of this bill.

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:

Cigarette butts are not biodegradable. While the paper and tobacco
portions of cigarette butts are biodegradable, their cellulose acetate
filters at not. Cellulose acetate, a form of plastic, can persist in
the environment for many years.

Worldwide, smokers toss an estimated 4.5 trillion butts every year.
The International Coastal Cleanup Project conducted by the Center for
Marine Conservation reports that cigarette butts have been the leading
item found during cleanup.

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.

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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 464--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. STAVISKY, RIVERA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health --  recom-
  mitted  to  the  Committee on Health in accordance with Senate Rule 6,
  sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended  and  recommitted  to  said committee -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

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-2 to read as follows:
  S 1399-O-2. 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; PROVIDED, HOWEVER, THAT FOR THE  PURPOSES  OF
THIS  SECTION THE TERM PUBLIC PARK SHALL NOT INCLUDE THE ADIRONDACK PARK
OR THE CATSKILL PARK AS THOSE TERMS ARE DEFINED IN SECTION 9-0101 OF THE
ENVIRONMENTAL CONSERVATION LAW.
  (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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01486-07-4

S. 464--B                           2

  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
amount  not to exceed that set forth in paragraph [f] (F) of subdivision
one of section three hundred nine of this chapter.  NOTWITHSTANDING  THE
FOREGOING  PROVISIONS, A VIOLATION OF THE PROVISIONS OF SECTION THIRTEEN
HUNDRED NINETY-NINE-O-TWO OF THIS ARTICLE SHALL BE PUNISHABLE BY A CIVIL
PENALTY OF FIFTY DOLLARS FOR EACH VIOLATION.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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