Bill Text: NY A06543 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 6543 (Prior Session Legislation)

Introduced

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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-01-04 - referred to health [A06543 Detail]

Download: New_York-2011-A06543-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6543
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 21, 2011
                                      ___________
       Introduced  by M. of A. GALEF -- read once and referred to the Committee
         on Health
       AN ACT to amend the public health law  and  the  parks,  recreation  and
         historic  preservation  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 AT ANY PLAYGROUND. FOR THE  PURPOSES
    5  OF  THIS SECTION, THE TERM "PLAYGROUND" MEANS AN IMPROVED AREA DESIGNED,
    6  EQUIPPED, AND SET ASIDE FOR PLAY OF SIX OR MORE CHILDREN  WHICH  IS  NOT
    7  INTENDED  FOR  USE  AS  AN ATHLETIC PLAYING FIELD OR ATHLETIC COURT, AND
    8  SHALL INCLUDE ANY PLAY EQUIPMENT, SURFACING,  FENCING,  SIGNS,  INTERNAL
    9  PATHWAYS, INTERNAL LAND FORMS, VEGETATION, AND RELATED STRUCTURES. PLAY-
   10  GROUNDS  OR PLAYGROUND EQUIPMENT CONSTRUCTED UPON ONE, TWO AND THREE-FA-
   11  MILY RESIDENTIAL REAL PROPERTY ARE EXEMPT FROM THE REQUIREMENTS OF  THIS
   12  SECTION.
   13    2.  PURSUANT  TO  SECTION  13.18 OF THE PARKS, RECREATION AND HISTORIC
   14  PRESERVATION LAW, THE REGIONAL STATE PARK POLICE SHALL HAVE THE AUTHORI-
   15  TY TO ENFORCE THE RESTRICTIONS IMPOSED BY THIS SECTION AT ALL SUCH PLAY-
   16  GROUNDS.
   17    3. AN ALLEGED VIOLATION OF SUBDIVISION ONE OF THIS SECTION  SHALL  NOT
   18  SUPPORT PROBABLE CAUSE FOR ANY POLICE OFFICER, PARK OFFICER, PEACE OFFI-
   19  CER,  REGULATORY  OFFICER  OR  LAW  ENFORCEMENT  OFFICIAL TO CONDUCT ANY
   20  SEARCH OR  LIMITED  SEARCH  OF  ANY  PERSON  OR  HIS  OR  HER  IMMEDIATE
   21  SURROUNDINGS.
   22    S 2. The parks, recreation and historic preservation law is amended by
   23  adding a new section 13.18 to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09649-01-1
       A. 6543                             2
    1    S  13.18. SMOKING RESTRICTIONS ON PLAYGROUNDS. THE REGIONAL STATE PARK
    2  POLICE SHALL HAVE THE AUTHORITY TO ENFORCE THE RESTRICTIONS SET FORTH IN
    3  SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED NINETY-NINE-Y OF THE  PUBLIC
    4  HEALTH  LAW.  THE PARK POLICE MAY IMPOSE A CIVIL PENALTY FOR A VIOLATION
    5  OF SECTION THIRTEEN HUNDRED NINETY-NINE-Y OF THE PUBLIC HEALTH LAW IN AN
    6  AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS FOR A SINGLE VIOLATION OR FAIL-
    7  URE.
    8    S  3.  This  act shall take effect on the ninetieth day after it shall
    9  have become a law.