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

New York Assembly Bill 6451 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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--B
                                                               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
       AN  ACT  to  amend  the  public  health  law,  in  relation  to  smoking
         restrictions on 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-y to read as follows:
    3    S 1399-Y. SMOKING RESTRICTIONS ON PLAYGROUNDS. 1. SMOKING SHALL NOT BE
    4  PERMITTED AND NO PERSON SHALL SMOKE DURING THE HOURS BETWEEN SUNRISE AND
    5  SUNSET  WHEN  ONE OR MORE PERSONS UNDER THE AGE OF TWELVE ARE PRESENT AT
    6  ANY PLAYGROUND. FOR THE PURPOSES OF THIS SECTION, THE TERM  "PLAYGROUND"
    7  MEANS AN IMPROVED AREA DESIGNED, EQUIPPED, AND SET ASIDE FOR PLAY OF SIX
    8  OR  MORE  CHILDREN  WHICH IS NOT INTENDED FOR USE AS AN ATHLETIC PLAYING
    9  FIELD OR ATHLETIC COURT, AND SHALL INCLUDE ANY PLAY  EQUIPMENT,  SURFAC-
   10  ING, FENCING, SIGNS, INTERNAL PATHWAYS, INTERNAL LAND FORMS, VEGETATION,
   11  AND  RELATED STRUCTURES. PLAYGROUNDS OR PLAYGROUND EQUIPMENT CONSTRUCTED
   12  UPON ONE, TWO AND THREE-FAMILY RESIDENTIAL REAL PROPERTY ARE EXEMPT FROM
   13  THE REQUIREMENTS OF THIS SECTION.
   14    2. THE PROVISIONS OF THIS SECTION:
   15    A. SHALL BE SUBJECT TO ANY RULES AND REGULATIONS  PROMULGATED  BY  THE
   16  OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION; AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07580-04-2
       A. 6451--B                          2
    1    B.  SHALL  NOT APPLY TO ANY CITY HAVING A POPULATION OF ONE MILLION OR
    2  MORE.
    3    3.  AN  ALLEGED VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL NOT
    4  SUPPORT PROBABLE CAUSE FOR ANY POLICE OFFICER, PARK OFFICER, PEACE OFFI-
    5  CER, REGULATORY OFFICER OR  LAW  ENFORCEMENT  OFFICIAL  TO  CONDUCT  ANY
    6  SEARCH  OR  LIMITED  SEARCH  OF  ANY  PERSON  OR  HIS  OR  HER IMMEDIATE
    7  SURROUNDINGS.
    8    S 2. This act shall take effect on the ninetieth day  after  it  shall
    9  have become a law.