assembly Bill A5061

Signed By Governor
2021-2022 Legislative Session

Relates to prohibiting smoking in public parks

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor


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

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Actions

view actions (15)
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
Mar 15, 2022 referred to health
delivered to senate
passed assembly
Mar 10, 2022 advanced to third reading cal.470
Mar 08, 2022 reported
Jan 05, 2022 referred to codes
May 19, 2021 reported referred to rules
May 04, 2021 reported referred to codes
Feb 10, 2021 referred to health

Co-Sponsors

Multi-Sponsors

A5061 (ACTIVE) - Details

See Senate Version of this Bill:
S4142
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
2019-2020: A2299, S2655

A5061 (ACTIVE) - Summary

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

A5061 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5061
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2021
                                ___________
 
 Introduced  by M. of A. DINOWITZ, ENGLEBRIGHT, J. RIVERA, FAHY -- 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.
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05215-01-1