Bill Text: NY S04401 | 2011-2012 | General Assembly | Introduced

New York Senate Bill 4401 (Prior Session Legislation)

Introduced

Bill Title: Prohibits any person from smoking at a playground; provides a definition as to what constitutes a playground.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO HEALTH [S04401 Detail]

Download: New_York-2011-S04401-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4401
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     April 4, 2011
                                      ___________
       Introduced  by Sen. FLANAGAN -- 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 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.   SMOKING
    4  SHALL NOT BE PERMITTED AND NO PERSON SHALL SMOKE WITHIN  FIFTY  FEET  OF
    5  ANY  PLAYGROUND. FOR THE PURPOSES OF THIS SECTION, THE TERM "PLAYGROUND"
    6  MEANS AN IMPROVED AREA DESIGNED, EQUIPPED, AND SET ASIDE FOR PLAY OF SIX
    7  OR MORE CHILDREN WHICH IS NOT INTENDED FOR USE AS  AN  ATHLETIC  PLAYING
    8  FIELD  OR  ATHLETIC COURT, AND SHALL INCLUDE ANY PLAY EQUIPMENT, SURFAC-
    9  ING, FENCING, SIGNS, INTERNAL PATHWAYS, INTERNAL LAND FORMS, VEGETATION,
   10  AND RELATED STRUCTURES. PLAYGROUNDS OR PLAYGROUND EQUIPMENT  CONSTRUCTED
   11  UPON ONE, TWO AND THREE-FAMILY RESIDENTIAL REAL PROPERTY ARE EXEMPT FROM
   12  THE REQUIREMENTS OF THIS SECTION.
   13    S  2.  This  act shall take effect on the ninetieth day after it shall
   14  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09501-01-1