Senate Bill S5005

                                 BILL NUMBER:  S5005

 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 playgrounds 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-o-l to the Public Health Law to prohibit smoking at public
playgrounds 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, ticket, 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
exposure from conception through childhood can last a lifetime. The
              

developing 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
children, 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 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.

* 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 ,000,000 asthmatic children have their
condition worsened 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 problems as adults.

* Second-hand 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 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
Americans 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;

* In December 200, the United States Occupational Safety and Health
Administration (OSHA) noted that almost 70% of Americans were working
in a smoke free environment.

* 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 :
2007/2008: A.7469-C - referred to Rules
2005/2006: A.11466 - referred to Health; S.7153 (Flanagan) - committed
to Rules

 FISCAL IMPLICATIONS :
None.

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