Assembly Bill A1137

                                BILL NUMBER:A1137               REPLACEMENT 10/29/09

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

PURPOSE OR GENERAL IDEA OF BILL: To prohibit smoking at public play-
grounds where children under twelve are present during the hours between
sunrise and sunset.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill adds a new

§1399-0-1 to the Public Health Law to prohibit smoking at public play-
grounds during the hours between sunrise and sunset, or when one or more
persons under the age of twelve are present. Section 2 declares that no
police, peace, regulatory, or law enforcement officers may arrest, tick-
et, stop or question any person based solely or in part on an alleged
violation of this subdivision.

JUSTIFICATION: Children are significantly affected by second-hand smoke,
which puts them at risk of severe respiratory diseases and often hinders
the growth of their lungs. The health effects of second-hand smoke expo-
sure from conception through childhood can last a lifetime. The develop-
ing lungs of young children can be affected by exposure to second-hand
smoke.

*Second-hand smoke exposure increases the risk of lower respiratory
              

tract infections such as bronchitis and pneumonia. The United States
Environmental Protection Agency (EPA) estimates that annually between
50,000 and 300,000 of these cases, consisting of infants and young chil-
dren, are attributable to second-hand smoke exposure. Between 7,500 and
15,000 of these cases will result in hospitalization.  Second-hand smoke
exposure impairs a child's ability to learn. It is neuro-toxic even at
extremely low levels. More than 2.9 million children are estimated to be
at risk of reading deficits because of second-hand smoke. Higher levels
of exposure to secondhand smoke are also associated with greater defi-
cits 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.

*In children second-hand smoke irritates the upper respiratory tract and
is associated with a small but significant reduction in lung function,
increases the frequency of episodes and the severity of symptoms in
asthmatic children, and is a risk factor for new cases of asthma in
children who have not previously displayed symptoms. The EPA estimates
that 200,000 to 1,000,000 asthmatic children have their condition wors-
ened by exposure to second-hand smoke. As a result of this, children
with asthma show an increase in respiratory related school absents.

*Not only does in utero and childhood second-hand smoke exposure cause
decreased lung function and asthma in childhood, but such exposure is
also responsible for poor lung function and respiratory disease in

adults. Men who report postnatal second-hand smoke exposure and women
who report prenatal exposure are more likely to have respiratory prob-
lems as adults.

*Second-hand tobacco smoke exposure raises adolescents' risk of metabol-
ic syndrome - a disorder associated with excessive belly fat that
increases ones' chances of heart disease, stroke, and Type H Diabetes.

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

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

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

*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 practices, many, if not most, schools,
daycare centers, fast-food restaurants and other places where children
gather are virtually smoke-free. In 2001, the Centers for Disease
Control reported a dramatic reduction in exposure of the general U.S.
population to second-hand smoke over the course of a decade.

PRIOR LEGISLATIVE HISTORY: A.7469-C of 2007/2008 A.11466/S.7153 of
2005/2006

FISCAL IMPLICATIONS: None.

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