Assembly Bill A2299B

2019-2020 Legislative Session

Relates to prohibiting smoking in public parks

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Sponsored By

Archive: Last Bill Status Via S2655 - In Senate 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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Votes

Bill Amendments

co-Sponsors

multi-Sponsors

2019-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

2019-A2299 - Summary

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

2019-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

2019-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

2019-A2299A - Summary

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

2019-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

multi-Sponsors

2019-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

2019-A2299B (ACTIVE) - Summary

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

2019-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.

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