NY State Senate Bill 2017-S5210

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
Jun 05, 2018	advanced to third reading
Jun 04, 2018	2nd report cal.
May 31, 2018	1st report cal.1492
Jan 03, 2018	referred to health
Mar 16, 2017	referred to health

Votes

- May 31, 2018 - Health Committee Vote
  S5210
  
  Aye
  
  13
  
  Nay
  
  1
  
  Aye with Reservations
  
  3
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Health Committee Vote: May 31, 2018
      
      aye (13)
      
      Felder
      
      Hannon
      
      Hoylman-Sigal
      
      Kaminsky
      
      Larkin
      
      Mayer
      
      Montgomery
      
      Murphy
      
      Persaud
      
      Ritchie
      
      Rivera
      
      Stavisky
      
      Valesky
      
      nay (1)
      
      Golden
      
      aye wr (3)
      
      Jacobs
      
      Little
      
      Seward

2017-S5210 (ACTIVE) - Details

See Assembly Version of this Bill:: A837
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Add §1399-o-2, amd §1399-v, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6564, A6156
2013-2014: S464, A450
2015-2016: S3171, A1148
2019-2020: S2655, A2299
2021-2022: S4142, A5061

2017-S5210 (ACTIVE) - Summary

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

2017-S5210 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5210

 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. The public health law is amended by adding a new section
1399-o-2 prohibiting smoking on any municipal or state operated park,
or pedestrian plaza.

Municipal or state operated parks 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. Section 1399-v of the public health law, as added by
chapter 244 of the laws of 1989 is amended. It assigns a civil penalty
of fifty dollars for each violation.

Section 3 of this bill sets the effective date.

 JUSTIFICATION :

Worldwide, smokers toss an estimated 4.5 trillion butts every year.
Cigarette butts have been the leading item found during the
International Coastal Cleanup Project. (Conducted by the Center for
Marine Conservation) Cigarette butts are not biodegradable. While the
paper and tobacco of cigarette butts are biodegradable, their
cellulose acetate filters are not. Cellulose acetate, a form of
plastic, can persist in the environment for many years.

Localities throughout the country are now acting to ban smoking on
public parks. New York City has passed legislation recently
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.

2017-S5210 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5210
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 16, 2017
                                ___________
 
 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-2 to read as follows:
   §  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.
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03568-01-7

 S. 5210                             2
 
   §  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:
   §  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.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S5210

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

May 31, 2018 - Health Committee Vote

Health Committee Vote: May 31, 2018

2017-S5210 (ACTIVE) - Details

2017-S5210 (ACTIVE) - Summary

2017-S5210 (ACTIVE) - Sponsor Memo

2017-S5210 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Toby Ann Stavisky

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

2017-S5210 (ACTIVE) - Details

2017-S5210 (ACTIVE) - Summary

2017-S5210 (ACTIVE) - Sponsor Memo

2017-S5210 (ACTIVE) - Bill Text download pdf

Comments