assembly Bill A2299B

2019-2020 Legislative Session

Relates to prohibiting smoking in public parks

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S2655 - In Senate Committee Health Committee


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to health
returned to senate
died in assembly
Jun 20, 2019 ordered to third reading rules cal.680
substituted for a2299b
Jan 08, 2020 ordered to third reading cal.98
Jun 20, 2019 substituted by s2655b
rules report cal.680
reported
Jun 18, 2019 reported referred to rules
Jun 14, 2019 print number 2299b
Jun 14, 2019 amend and recommit to codes
Jun 13, 2019 reported referred to codes
May 31, 2019 print number 2299a
May 31, 2019 amend and recommit to health
Jan 22, 2019 referred to health

Co-Sponsors

Multi-Sponsors

A2299 - Details

See Senate Version of this Bill:
S2655
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: A6156, S6564
2013-2014: A450, S464
2015-2016: A1148, S3171
2017-2018: A837, S5210
2021-2022: A5061, S4142

A2299 - Summary

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

A2299 - Bill Text download pdf


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

                                  2299

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2019
                               ___________

Introduced  by  M.  of  A. DINOWITZ, ENGLEBRIGHT, ORTIZ, RIVERA, JAFFEE,
  LIFTON -- Multi-Sponsored by -- M. of A.  GOTTFRIED,  THIELE  --  read
  once and referred 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00645-01-9

Co-Sponsors

Multi-Sponsors

A2299A - Details

See Senate Version of this Bill:
S2655
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: A6156, S6564
2013-2014: A450, S464
2015-2016: A1148, S3171
2017-2018: A837, S5210
2021-2022: A5061, S4142

A2299A - Summary

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

A2299A - Bill Text download pdf


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

                                 2299--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2019
                               ___________

Introduced  by  M.  of  A. DINOWITZ, ENGLEBRIGHT, ORTIZ, RIVERA, JAFFEE,
  LIFTON -- Multi-Sponsored by -- M. of A.  GOTTFRIED,  THIELE  --  read
  once  and referred to the Committee on Health -- 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:
  § 1399-O-2. SMOKING RESTRICTIONS; CERTAIN OUTDOOR  AREAS.  1.  SMOKING
SHALL NOT BE PERMITTED AND NO PERSON SHALL SMOKE IN ANY PUBLIC PARK.
  2. FOR THE PURPOSES OF THIS SECTION:
  "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.
  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.
  § 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.

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A2299B (ACTIVE) - Details

See Senate Version of this Bill:
S2655
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: A6156, S6564
2013-2014: A450, S464
2015-2016: A1148, S3171
2017-2018: A837, S5210
2021-2022: A5061, S4142

A2299B (ACTIVE) - Summary

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

A2299B (ACTIVE) - Bill Text download pdf


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

                                 2299--B

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2019
                               ___________

Introduced  by  M.  of  A. DINOWITZ, ENGLEBRIGHT, ORTIZ, RIVERA, JAFFEE,
  LIFTON -- Multi-Sponsored by -- M. of A.  GOTTFRIED,  THIELE  --  read
  once  and referred to the Committee on Health -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  --  reported  and  referred  to  the  Committee on Codes --
  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:
  § 1399-O-2. SMOKING RESTRICTIONS; CERTAIN OUTDOOR  AREAS.  1.  SMOKING
SHALL NOT BE PERMITTED AND NO PERSON SHALL SMOKE IN ANY PUBLIC PARK.
  2. FOR THE PURPOSES OF THIS SECTION "PARK" SHALL MEAN:
  (A)  PUBLIC  PARKS,  BEACHES, POOLS, BOARDWALKS, MARINAS, PLAYGROUNDS,
RECREATION CENTERS, AND GROUP CAMPS; AND
  (B) EQUIPMENT, BUILDINGS AND FACILITIES NOW  OR  HEREAFTER  UNDER  THE
JURISDICTION,  CHARGE OR CONTROL OF ANY STATE OR LOCAL GOVERNMENT AGENCY
OR DEPARTMENT THAT ARE LOCATED AT OR ON ANY PROPERTY DESCRIBED IN  PARA-
GRAPH  (A) OF THIS SUBDIVISION; 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.
  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, EXCEPT WHEN SMOKING HAS  BEEN  SPECIFICALLY  PROHIBITED  IN  A

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