Bill Text: NY A06451 | 2011-2012 | General Assembly | Amended

New York Assembly Bill 6451 (Prior Session Legislation)

Bill Title: Relates to smoking restrictions on playgrounds and enforcement by park police.

Spectrum: Slight Partisan Bill (Democrat 25-10)

Status: (Engrossed - Dead) 2012-06-18 - REFERRED TO RULES [A06451 Detail]

Download: New_York-2011-A06451-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6451--C
                                                               Cal. No. 211
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 17, 2011
                                      ___________
       Introduced by M. of A. GALEF, GOTTFRIED, PAULIN, DINOWITZ, CLARK, FINCH,
         N. RIVERA,  TOBACCO,  MENG, ENGLEBRIGHT, P. RIVERA, ABINANTI, ROBERTS,
         ZEBROWSKI, ORTIZ, JAFFEE, WEPRIN -- Multi-Sponsored by  --  M.  of  A.
         ARROYO,  CALHOUN,  CERETTO,  CONTE,  CROUCH,  HEASTIE, HEVESI, HOOPER,
         LANCMAN, LIFTON,  MARKEY,  McKEVITT,  J. MILLER,  MONTESANO,  SWEENEY,
         THIELE, TITONE -- read once and referred to the Committee on Health --
         advanced  to a third reading, amended and ordered reprinted, retaining
         its place on the order of third reading  --  again  amended  on  third
         reading,  ordered reprinted, retaining its place on the order of third
         reading -- again amended on third reading, ordered reprinted,  retain-
         ing its place on the order of third reading
       AN  ACT to amend the public health law, in relation to prohibiting smok-
         ing at playgrounds
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  public health law is amended by adding a new section
    2  1399-o-1 to read as follows:
    3    S 1399-O-1. SMOKING RESTRICTIONS; CERTAIN OUTDOOR AREAS.  1.   SMOKING
    4  SHALL  NOT  BE  PERMITTED  AND  NO  PERSON  SHALL SMOKE DURING THE HOURS
    5  BETWEEN SUNRISE AND SUNSET, WHEN ONE OR MORE PERSONS UNDER  THE  AGE  OF
    6  TWELVE ARE PRESENT AT ANY PLAYGROUND.  FOR THE PURPOSES OF THIS SECTION,
    7  THE TERM "PLAYGROUND" MEANS AN IMPROVED AREA DESIGNED, EQUIPPED, AND SET
    8  ASIDE  FOR PLAY OF SIX OR MORE CHILDREN WHICH IS NOT INTENDED FOR USE AS
    9  AN ATHLETIC PLAYING FIELD OR ATHLETIC COURT, AND SHALL INCLUDE ANY  PLAY
   10  EQUIPMENT,  SURFACING,  FENCING, SIGNS, INTERNAL PATHWAYS, INTERNAL LAND
   11  FORMS, VEGETATION, AND RELATED  STRUCTURES.  PLAYGROUNDS  OR  PLAYGROUND
   12  EQUIPMENT  CONSTRUCTED  UPON  ONE, TWO AND THREE-FAMILY RESIDENTIAL REAL
   13  PROPERTY ARE EXEMPT FROM THE REQUIREMENTS OF THIS SECTION.  THIS SECTION
   14  SHALL NOT APPLY TO ANY PLAYGROUND LOCATED WITHIN THE CITY OF NEW YORK.
   15    2. NO  POLICE  OFFICER,  PEACE  OFFICER,  REGULATORY  OFFICER  OR  LAW
   16  ENFORCEMENT  OFFICIAL  MAY  ARREST,  TICKET, STOP OR QUESTION ANY PERSON
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07580-05-2
       A. 6451--C                          2
    1  BASED SOLELY OR IN PART ON AN ALLEGED VIOLATION OF  SUBDIVISION  ONE  OF
    2  THIS  SECTION,  NOR  MAY AN ALLEGED VIOLATION OF SUBDIVISION ONE OF THIS
    3  SECTION SUPPORT PROBABLE CAUSE TO CONDUCT ANY SEARCH OR  LIMITED  SEARCH
    4  OF ANY PERSON OR HIS OR HER IMMEDIATE SURROUNDINGS.
    5    S  2.  This  act shall take effect on the ninetieth day after it shall
    6  have become a law.