senate Bill S4142

Signed By Governor
2021-2022 Legislative Session

Relates to prohibiting smoking in public parks

download bill text pdf

Sponsored By

Current Bill Status Via A5061 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed 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 (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 15, 2022 signed chap.378
Jul 11, 2022 delivered to governor
Jun 01, 2022 returned to assembly
passed senate
3rd reading cal.1749
substituted for s4142
Jun 01, 2022 substituted by a5061
ordered to third reading cal.1749
committee discharged and committed to rules
Jan 05, 2022 referred to health
Feb 02, 2021 referred to health

Co-Sponsors

S4142 (ACTIVE) - Details

See Assembly Version of this Bill:
A5061
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
2019-2020: S2655, A2299

S4142 (ACTIVE) - Summary

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

S4142 (ACTIVE) - Sponsor Memo

S4142 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4142
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced  by  Sens.  STAVISKY,  KRUEGER, LIU -- 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.
   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
 STATE PARK OR PORTION THEREOF BY THE OFFICE  OF  PARKS,  RECREATION  AND
 HISTORIC PRESERVATION.  THIS SUBDIVISION SHALL NOT LIMIT THE APPLICABIL-
 ITY 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.