Assembly Bill A6714B

                                BILL NUMBER:A6714                 REVISED 3/3/10

TITLE  OF  BILL:   An act to amend the public health law, in relation to
restricting areas where smoking is permitted

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is  to,
prohibit smoking in private passenger automobiles where minors less than
16 years of age are passengers in such vehicles.

SUMMARY OF SPECIFIC PROVISIONS:  Section 1. Section 1399-o of the public
health  law  is  amended by adding a new subdivision 19' which prohibits
smoking in a private passenger car, private  passenger  van  or  private
passenger  truck  where minors under sixteen years of age are passengers
in such vehicle.

Section 2. Subdivision 2 of section 1399-q of the public health  law  is
amended to remove the restriction against application of Art. 13's smok-
ing  regulations to private spaces, only to the extent to prohibit smok-
ing in private automobiles in which children 16 years of age or  younger
are present. Private homes and residences remain unaffected.

Section  3. Section 1399-v of the public health law, as added.by chapter
244 of the laws of 1989, is amended by adding subdivision two  providing
that  violators of this provision shall be liable for a civil penalty of
five hundred dollars for a first offense, up to an amount not to  exceed
one  thousand  dollars  fora  second offense, and up to an amount not to
              

exceed one thousand five hundred dollars and/or ten days in jail  for  a
third or subsequent offense.

Section 4. Effective Date.

JUSTIFICATION:    The harmful effect second-hand smoke (SHS) can have on
people, especially children, has been well documented. The EPA estimates
that secondhand smoke causes up to 62,000 deaths each year  among  nons-
mokers  in  the United States, including 3,000 deaths due to lung cancer
alone.

Secondhand tobacco smoke (SHE) is a  major  preventable  contributor  to
acute  and  chronic adverse health outcomes that affect children dispro-
portionately. An estimated 300,000  children  nationwide  develop  lower
respiratory  infections  each year as a result of exposure to secondhand
smoke, with approximately 15,000 of these children hospitalized  due  to
their  infections.  And, exposure to secondhand smoke is a primary cause
of asthma.

In 2006, the U.S. Surgeon General issued a report,  "The  Health  Conse-
quences  of Involuntary Exposure to Tobacco Smoke," saying that SHS is a
serious health hazard that can lead to disease and  premature  death  in
children. The report details that even brief exposure to SHE has immedi-
ate  adverse,  effects on the cardiovascular system and that because the
bodies of infants and children are still developing; they are especially
vulnerable to the poisons in SHE.

That same year, the American Journal of  Preventive  Medicine  reported.
the results of a Harvard School of Public Health study on SHS in automo-
biles.  The  study  aimed  to simulate children's exposure to secondhand
smoke in a motor vehicle by  measuring  carbon  dioxide  and  respirable
suspended   particles  (RSP)  under  actual  driving  conditions.    The
researchers determined that the levels  of  RSPB  detected  were  deemed
unsafe,  particularly  for  children.  Their conclusion was that private
passenger cars are a domestic environment with the  potential  to  yield
unsafe levels of SHS contaminants.

Smoking  is prohibited in many public places such as airplanes, shopping
malls, restaurants, bars and whole range of facilities and, spaces serv-
ing child age populations. The dangers second-hand smoke can pose  to  a
child  in an enclosed area like a private passenger vehicle are -severe.
We currently provide protections for both  children  and  drivers  -  by
mandating  the  use  of  car  seats,  seatbelts and padded dashboards in
private automobiles. This-bill is an extension of those  protections  by
providing children clean air to breathe.

The  penalties  for  violating  this  ban are substantial. The penalties
imposed are justified  by  the  significant,  well  documented  negative
health impact on those children forcibly exposed to SHS in automobiles.

California,  Maine,  Louisiana,  and  Arkansas  have  enacted comparable
legislation. In New York State on the local level, Rockland  County  has
already  enacted a ban on smoking in cars with children up to the age of
18. At least 19 other states and the District of Columbia  have  similar
legislation  pending.  At present, on a related front, seven states have
enacted legislation prohibiting smoking in cars  that  are  transporting
foster children.

PRIOR  LEGISLATIVE  HISTORY:; 1997-1998 (A. 8847- reported from Health;.
referred to Codes), 1999-2000 (A3990- reported from Health; referred  to
Codes;,   referred   to  Codes/S5061-  referred  to  Health),  2001-2002
(A.773-reported from  Health;  referred  to  Codes/S.1333-  referred  to
Health),  2003-2004  (A.56-  reported  from  Health;  referred to Codes;
amended & recommitted to  Codes/S.189)  2005-06  (A.175-  reported  from
Health;  referred  to  Codes),  2005-2006  (A175-  reported from Health;
referred to Codes) 2007-2008 (A156- reported from Health; reported  from
Codes; Third Reading Calendar #742; committed to Codes).

FISCAL IMPLICATIONS: None

EFFECTIVE PATS: This act shall take effect on the first of November next
succeeding the date on which it shall have become a law.

                                BILL NUMBER:A6714A               REVISED 4/19/10

TITLE  OF  BILL:   An act to amend the public health law, in relation to
restricting areas where smoking is permitted

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation  is  to
prohibit smoking in private passenger automobiles where minors less than
14 years of age are passengers in such vehicles.

SUMMARY  OF SPECIFIC PROVISIONS: Section 1. Section 1399-o of the public
health law is amended by adding a new subdivision 19.

19.a, Prohibits smoking in a private passenger  car,  private  passenger
van  or private passenger truck where minors under fourteen years of age
are passengers in such vehicle.

19.b sets forth a rebuttable presumption of smoking for purposes of this
subdivision.

Section 2. Subdivision 1 of section 1355-q of the public health law,  as
amended  by  chapter  11  of  the  laws  of  2003, is amended to read as
follows:

1. Private homes, private residences and private automobiles  except  as
provided  in  subdivision  nineteen  of section thirteen hundred ninety-
nine-o of this article.
              

Section 2 of the bill makes article 13-E of the Public Health Law  regu-
lation  of smoking applicable to automobiles in those instances detailed
in the new subdivision 19 of section 1399-o set forth above.

Section 3. Section 1399-v of the public health law, as added by  chapter
244 of the laws of 1985, is amended by adding subdivision two.

2.  Any  person  who violates this law shall be liable for a fine of not
more than one hundred dollars to be imposed by any enforcement officer.

Section 4. Effective Date of this law shall be on the one hundred  twen-
tieth day after it shall have become law.

JUSTIFICATION:    The  harmful effect secondhand smoke (SHS) can have on
people, especially children, has been well documented. The EPA estimates
that secondhand smoke causes up to 62,000 deaths each year  among  nons-
mokers  in  the United States, including 3,000 deaths due to lung cancer
alone.

Secondhand tobacco smoke (SHS) is a  major  preventable  contributor  to
acute  and  chronic adverse health outcomes that affect children dispro-
portionately. An estimated 300,000  children  nationwide  develop  lower
respiratory  infections  each year as a result of exposure to secondhand
smoke, with approximately 15,000 of these children hospitalized  due  to

their  infections.  And, exposure to secondhand smoke is a primary cause
of asthma.

In  2006,  the  U.S. Surgeon General issued a report, "The Health Conse-
quences of Involuntary Exposure to Tobacco Smoke," saying that SHS is  a
serious  health  hazard  that can lead to disease and premature death in
children. The report details that even brief exposure to SHS has immedi-
ate, adverse effects on the cardiovascular system and that  because  the
bodies of infants and children are still developing; they are especially
vulnerable to the poisons in SHS.

That same year, the American Journal of Preventive Medicine reported the
results  of  a  Harvard  School of Public Health study on SHS in automo-
biles. The study simulated children's exposure to secondhand smoke in  a
motor  vehicle  by  measuring  carbon  dioxide  and respirable suspended
particles (RSP) under actual driving conditions. The researchers  deter-
mined  that  the levels of RSP detected were deemed unsafe, particularly
for children. Their conclusion was that private  passenger  cars  are  a
domestic  environment  with  the potential to yield unsafe levels of SHS
contaminants.

Smoking is prohibited in many public places such as airplanes,  shopping
malls,  restaurants,  bars,  and  a whole range of facilities and spaces
serving child age populations. The dangers secondhand smoke can pose  to
a child in an enclosed area like a private passenger vehicle are severe.
We  Currently  provide  protections  for  both  children  and drivers by
mandating the use of car seats and  seatbelts  in  private  automobiles.
This  bill  is  an  extension of those protections by providing children
clean air to breathe.

The $100 penalty imposed for violation of this ban is justified  by  the
significant,  well  documented  negative health impact on those children
forcibly exposed to SHS in automobiles.

California, Maine,  Louisiana,  and  Arkansas  have  enacted  comparable
legislation.  In  New York State on the local level, Rockland County has
already enacted a ban on smoking in cars with children up to the age  of
18.  At  least 15 other states and the District of Columbia have similar
legislation pending. At present, on a related front, seven  states  have
enacted  legislation  prohibiting  smoking in cars that axe transporting
foster children.

PRIOR LEGISLATIVE HISTORY: 1997-1998 (A. 8847-  reported  from  Health;,
referred  to Codes), 1999-2000 (A3590- reported from Health; referred to
Codes;  referred  to  Codes/S5061-  referred   to   Health),   2001-2002
(A.773-reported  from  Health;  referred  to  Codes/S.1233-  referred to
Health), 2003-2004 (A.56-  reported  from  Health;  referred  to  Codes;
amended  &  recommitted  to  Codes/S.189)  2005-06 (A.175- reported from
Health; referred to  Codes),  2005-2006  (A175-  reported  from  Health;
referred  to Codes) 2007-2008 (A156- reported from Health; Third Reading
Calendar #742; committed to Codes).

FISCAL IMPLICATIONS: None

EFFECTIVE  DATE: This act shall take effect on the one hundred twentieth
day after it shall have become law.