Senate Bill S7627A

                                BILL NUMBER:S7627

TITLE OF BILL:

An act to amend the public health law, in relation to smoking
restrictions on playgrounds

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation to place smoking restrictions on play-
grounds and enforcement thereof by park police.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the Public Health Law by adding a new section 1399-y
that places smoking restrictions at playgrounds.

1. Smoking is not permitted between sunrise and sunset when one or more
persons under the age of 12 are present at the playground.  Playground
is defined as an improved area designed, equipped, and set aside for
play by six or more children and is not intended to be used as an
athletic playing field or athletic court. It includes arty play equip-
ment, surfacing, fencing, signs, internal pathways, internal land forms,
vegetation, and related structures. Playgrounds or playground equipment
constructed on one, two, and three-family residential real property are
exempt.
              

2. The provisions of this section:

a) are subject to any rules and regulations promulgated by the office of
Parks, Recreation and Historic Preservation Law; and

b) shall not apply to any city having a population of one million or
more.

3. An alleged violation of these restrictions shall not support probable
cause for any police officer, park officer, peace officer, regulatory
officer or law enforcement official to conduct any search of any person
or his or her immediate surroundings.

Section 2 states that this shall take effect on the ninetieth day (90)
day after it has become law.

JUSTIFICATION:
This legislation is modeled after the 2011 New York City law prohibiting
smoking in playgrounds and parks within the limits of New York City.
Recent data showing that 14% of New York City residents are smokers, the
lowest percentage in history, indicate that smoking bans inside and out
may have contributed to the decrease.

In addition to these recent findings, historical data has consistently
demonstrated that children are significantly affected by second-hand
smoke.  Second-hand smoke puts them at risk of severe respiratory
diseases and often hinders the growth of their lungs. Second-hand smoke
(SHS) 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 SHS exposure. Between 7,500 and 15,000 of these cases
will result in hospitalization. SHS exposure impairs a child's ability
to learn. It is a neurotoxin even at extremely low levels. More than 2.9
million children are estimated to be at risk of reading deficits because
of SHS. Higher levels of exposure to SHS are also associated with great-
er deficiency in math and visuospatial reasoning.

Opinion polls indicate that the vast majorities of the public Support
smoking restrictions and ordinances and therefore, laws are being estab-
lished to reflect this opinion. For example,as stated earlier, New York
City has no smoking regulations on all playgrounds, parks and some
public squares as of 2010. Smoking has been banned on domestic and
international flights, in most schools, restaurants, public transit,
sections of beaches and various indoor facilities.  There were ordi-
nances in more than 1,727 communities that ban or restrict smoking in
indoor environments.

PRIOR LEGISLATIVE HISTORY:
This is new legislation.

FISCAL IMPLICATIONS:
The fiscal implications could possibly include revenue gains by the
regional and said jurisdictions.

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