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S2138Senate2019-2020 Session

Ban Smoking in State Parks

Official title

“Enacts the "Smoke Free Parks Act of 2019"”

Sponsor James Sanders Jr.SD-10Affects Health
Status
In Senate Committee
Health
Impact
7/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Health

What's happening

The Smoke Free Parks Act of 2019 prohibits smoking in all public parks in New York State and imposes fines for violations.

Why it matters

  1. Expands public health protections by making all public parks in New York State smoke-free. , aiming to reduce secondhand smoke exposure, especially for children and families who frequent these spaces.

  2. Requires clear signage at park entrances. , ensuring that the public is aware of the new smoke-free policy and encouraging community compliance through visible reminders.

  3. Imposes a substantial fine (up to $500) for violations. , signaling a strong deterrent and highlighting the seriousness of the public health objective, which may influence smoking behavior beyond just parks.

  4. Places responsibility on local and state agencies to enforce the law. , potentially affecting how parks are managed and how resources are allocated for compliance and enforcement efforts.

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Who cares

Headline styles

Ban Smoking in State Parks

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
James Sanders Jr.

Senator · Senate District 10

Chair, Banks

No co-sponsors yet.

History

  1. Referred to health
  2. Referred to health

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2138

2019-2020 Regular Sessions

IN SENATE

January 22, 2019

Introduced by Sen. SANDERS -- 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 enacting the "Smoke Free Parks Act of 2019"

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. This act shall be known and may be cited as the "smoke free parks act of 2019".

§ 2. Section 1399-o-1 of the public health law is amended by adding a new subdivision 3 to read as follows:

3. Smoking shall not be permitted and no person shall smoke in any public park in this state. The governing body of a municipality or political subdivision which operates or maintains a public park or the state agency or other entity which operates or maintains a state park must display a sign at the entrance of such public park stating "All New York State Parks are now Smoke-Free Parks". Any person who violates the provisions of this subdivision shall be subject to a fine of not more than five hundred dollars.

§ 3. This act shall take effect on the ninetieth day after it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD07106-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the public health law, in relation to enacting the "Smoke Free Parks Act of 2019"

Purpose

To prohibit smoking in all New York State Parks.

Summary of provisions

Section 1399-o-1 of the public health law is amended by adding a new subdivision 3 to prohibit smoking in all New York State parks. In addi- tion, each state park must post a sign at the park entrance stating "All New York State Parks are now Smoke-Free Parks"

Existing law

New Law

Justification

The New York Supreme Court in Troy ruled on October 8, 2013 that Office of Parks, Recreation & Historic Preservation exceeded its authority when it banned outdoor smoking in state parks. The court blocked the office from implementing or enforcing the ban and ordered any signs referring to it removed. The court ruled that the parks office extended its actions "into the realm of legislating."

People visit our state parks to enjoy a safe, family friendly environ- ment. The United States Centers for Disease Control and Prevention (the "CDC") has determined that exposure to secondhand smoke is extremely hazardous to the health of both children and adults. Therefore, it is imperative that we abolish secondhand smoke in our state parks and allow the citizens of our state to enjoy our parks without putting their health, or the health of their children, in jeopardy.

In children, the CDC has determined that secondhand smoke causes ear infections, more frequent and severe asthma attacks, respiratory symp- toms (e.g., coughing, sneezing, shortness of breath) respiratory infections (i.e., bronchitis, pneumonia), a greater risk for sudden infant death syndrome (SIDS). In children aged 18 months or younger, the CDC has determined that secondhand smoke exposure is responsible for an estimated 150,000-300,000 new cases of bronchitis and pneumonia annual- ly. Secondhand smoke is also responsible for approximately 7,500-15,000 hospitalizations of children annually in the United States.

In adults who have never smoked, the CDC has determined that secondhand smoke can cause heart disease and/or lung cancer. For nonsmokers, breathing secondhand smoke has immediate harmful effects on the cardio- vascular system that can increase the risk for heart attack. People who already have heart disease are at especially high risk. Secondhand smoke exposure causes an estimated 46,000 heart disease deaths annually among adult nonsmokers in the United States. Secondhand smoke also increases lung cancer risk in adults. Secondhand smoke exposure causes an esti- mated 3,400 lung cancer deaths annually among adult nonsmokers in the United States.

The financial impact of secondhand smoke also takes a toll on our econo- my. According to the American Cancer Society, in the United States, the costs of extra medical care, illness, and death caused by secondhand smoke are over 510 billion per year. This bill will legislate a ban on smoking in all New York State parks and eliminate secondhand smoke in our parks.

Legislative history

01/06/16 Referred to Health 02/17/15 Referred to Health

Fiscal implications

De Minimis cost

Local fiscal implications

None

Effective date

This act shall take effect on the ninetieth day after it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.