senate Bill S1449

Prohibits any person from smoking at a playground

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO HEALTH
  • 08 / Jan / 2014
    • REFERRED TO HEALTH

Summary

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

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Bill Details

Versions:
S1449
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §1399-o-1, Pub Health L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4401
2009-2010: S3242

Sponsor Memo

BILL NUMBER:S1449

TITLE OF BILL:
An act
to amend the public health law, in relation to prohibiting smoking at
playgrounds

PURPOSE:

To prohibit smoking at public playgrounds.

SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new § 1399-o-1 to the Public Health Law
to prohibit smoking at public playgrounds.

JUSTIFICATION:

Children are significantly affected by secondhand smoke. Children's
bodies are still developing, and exposure to the poisons in
secondhand smoke puts them at risk of severe respiratory diseases and
can hinder the growth of their lungs. The health effects of
secondhand smoke exposure from conception through childhood can last
a lifetime:

* The developing lungs of young children can be affected by exposure
to secondhand smoke.

* Second hand smoke exposure increases the risk of lower respiratory
tract infections such as bronchitis and pneumonia. EPA estimates
that between 150,000 and 300,000 of these cases annually in infants
and young children are attributable to exposure to second hand smoke.
Of these, between 7,500 and 15,000 will result in hospitalization.
Secondhand smoke exposure impairs a child's ability to learn. It is
neurotoxic even at extremely low levels. More than 21.9 million
children are estimated to be at risk of reading deficits because of
secondhand smoke. Higher levels of exposure to secondhand smoke are
also associated with greater deficits in math and visuospatial
reasoning.

* Second hand smoke exposure increases the prevalence of fluid in the
middle ear, a sign of chronic middle ear disease.

* Second hand smoke exposure in children irritates the upper
respiratory tract and is associated with a small but significant
reduction in lung function.

* Asthma attacks are perhaps the most well-known health effect of
secondhand smoke exposure among children. Secondhand smoke exposure
increases the frequency of episodes and the severity of symptoms in
asthmatic children. The EPA estimates that 200,000 to 1,000,000
asthmatic children have their condition worsened by exposure to
secondhand smoke.

* Exposure to secondhand smoke is associated with increased asthma
severity and worsened lung function in children with asthma.


Secondhand smoke exposure is associated with increased
respiratory-related school absenteeism among children, especially
those with asthma.

* Second hand smoke exposure is a risk factor for new cases of asthma
in children who have not previously displayed symptoms.

* Not only does in utero and childhood secondhand smoke exposure cause
decreased lung function and asthma in children, but such exposure is
also responsible for poor lung function and respiratory disease in
adults. Men who report postnatal secondhand smoke exposure and women
who report prenatal exposure are more likely to have respiratory
problems as adults.

* Secondhand tobacco smoke exposure raises adolescents' risk of
metabolic syndrome - a disorder associated with excessive belly fat
that increases ones' chances of heart disease, stroke, and type II
diabetes.

* The level of secondhand smoke a child is exposed to is directly
proportional to the likelihood of the child becoming a smoker as an
adolescent or an adult.

As a result of this broad communication of the reported risks of
second-hand smoke, public-opinion polls show that the majority of
Americans believe that secondhand smoke is harmful, and public policy
has reflected this.
For example:

* Smoking has been banned on all U.S. domestic airline flights since
1990;

* In December 2001, the U.S. Occupational Safety and Health
Administration (OSHA) noted that almost 70 percent of Americans were
working in smoke-free environments;

* According to the American Nonsmokers' Rights Foundation, as of July
2004 there were ordinances in more than 1,727 communities that ban or
restrict smoking in indoor environments;

* As a matter of law, policy or practice, many - if not most - schools,
day-care centers, fast-food restaurants and other places where
children gather are virtually smoke-free; and,

* In 2001, the Centers for Disease Control reported a dramatic
reduction in exposure of the general U.S.
population to secondhand smoke over the course of a decade.

FISCAL IMPLICATIONS:

None.

PRIOR LEGISLATIVE HISTORY:

2006: Senate 3rd Reading Cal./Assembly Health Cmte.
2007-08: Passed Senate/Assembly Codes Cmte.
2009: Senate Health Cmte.


2010: Senate Health Cmte./Notice of Committee Consideration
Requested; Reported and Committed to Codes Cmte.
2011: Senate Committed to Rules
2012: Senate Health Committee

EFFECTIVE DATE:

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

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1449

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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:

  Section 1. The public health law is amended by adding  a  new  section
1399-o-1 to read as follows:
  S  1399-O-1.  SMOKING  RESTRICTIONS;  CERTAIN OUTDOOR AREAS.   SMOKING
SHALL NOT BE PERMITTED AND NO PERSON SHALL SMOKE WITHIN  FIFTY  FEET  OF
ANY  PLAYGROUND. FOR THE PURPOSES OF THIS SECTION, THE TERM "PLAYGROUND"
MEANS AN IMPROVED AREA DESIGNED, EQUIPPED, AND SET ASIDE FOR PLAY OF SIX
OR MORE CHILDREN WHICH IS NOT INTENDED FOR USE AS  AN  ATHLETIC  PLAYING
FIELD  OR  ATHLETIC COURT, AND SHALL INCLUDE ANY PLAY EQUIPMENT, SURFAC-
ING, FENCING, SIGNS, INTERNAL PATHWAYS, INTERNAL LAND FORMS, VEGETATION,
AND RELATED STRUCTURES. PLAYGROUNDS OR PLAYGROUND EQUIPMENT  CONSTRUCTED
UPON ONE, TWO AND THREE-FAMILY RESIDENTIAL REAL PROPERTY ARE EXEMPT FROM
THE REQUIREMENTS OF THIS SECTION.
  S  2.  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.
                                                           LBD05653-01-3

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