senate Bill S2655B

2019-2020 Legislative Session

Relates to prohibiting smoking in public parks

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


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

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2019 ordered to third reading rules cal.680
substituted for a2299b
Jun 17, 2019 referred to codes
delivered to assembly
passed senate
Jun 14, 2019 amended on third reading 2655b
Jun 03, 2019 amended on third reading 2655a
May 29, 2019 advanced to third reading
May 22, 2019 2nd report cal.
May 21, 2019 1st report cal.834
Jan 28, 2019 referred to health

Co-Sponsors

S2655 - Details

See Assembly Version of this Bill:
A2299
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
2017-2018: S5210, A837

S2655 - Summary

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

S2655 - Sponsor Memo

S2655 - Bill Text download pdf


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

                                  2655

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 28, 2019
                               ___________

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.

Co-Sponsors

S2655A - Details

See Assembly Version of this Bill:
A2299
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
2017-2018: S5210, A837

S2655A - Summary

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

S2655A - Sponsor Memo

S2655A - Bill Text download pdf


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

                                 2655--A
    Cal. No. 834

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 28, 2019
                               ___________

Introduced  by  Sens.  STAVISKY,  CARLUCCI,  KRUEGER  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Health -- reported favorably from said committee, ordered to first and
  second  report,  ordered  to  a  third  reading,  amended  and ordered
  reprinted, retaining its place in the order of third reading

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

Co-Sponsors

S2655B (ACTIVE) - Details

See Assembly Version of this Bill:
A2299
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
2017-2018: S5210, A837

S2655B (ACTIVE) - Summary

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

S2655B (ACTIVE) - Sponsor Memo

S2655B (ACTIVE) - Bill Text download pdf


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

                                 2655--B
    Cal. No. 834

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 28, 2019
                               ___________

Introduced  by  Sens. STAVISKY, CARLUCCI, KRUEGER, LIU -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Health -- reported favorably from said committee, ordered to first and
  second  report,  ordered  to  a  third  reading,  amended  and ordered
  reprinted, retaining its place in the order of third reading --  again
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

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

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