Senate Bill S3155A

                                 BILL NUMBER:  S3155A

 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 5 to read:

5. a. prohibits smoking in vehicles while children under 14 are
present.

b. presumption established by this paragraph is rebuttable by evidence
showing that the person was NOT smoking.

Section 2. Subdivision 1 of section 1399-q of the public health law,
as amended by chapter 13 of the laws of 2003, is amended to include
personal automobiles in subdivision 5.

              

Section 3. Section 1399-v of the public health law, as added by
chapter 244 of the laws of 1989, is amended to impose penalties.

1.

2. A person who holds a lighted, cigar, cigarette, pipe or any other
matter or substance which contains tobacco or any other plant or
matter that can be smoked to, or in the immediate proximity of his or
her mouth, while in such vehicle is presumed to be engaging in smoking
within the meaning of this section. The presumption established by
this subdivision is rebuttable by evidence showing that the person was
not smoking a lighted cigar, cigarette, pipe or other matter or
substance which contains tobacco or any other plant or matter that can
be smoked.

 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 nonsmokers
in the United States, including 3,000 deaths due to lung cancer alone.

At its Annual Meeting in June 2014, the American Medical Association
re-affirmed its commitment to protecting children from second-hand
smoke. The AMA said:

Studies suggest that children are more vulnerable than adults to
second-hand smoke and that second-hand smoke can increase likelihood
of ear disease, lower respiratory infections and asthma. The AMA is
dedicated to reducing exposure to second-hand tobacco smoke for both
children and adults and voted today to add to its policies on the
topic, strengthening its support of tobacco-free and smoke-free
environments. The new policy supports legislation that prohibits
smoking while operating or riding in a vehicle with children - similar
to policies in effect in Arkansas, California, Louisiana, Maine,
Oregon, Utah and Puerto Rico. The dangers of second-hand smoke are
marked and proven, and no one is more at risk than our youth," said
William Kobler, MD, member of the Board of Trustees. It is important
that we do all that we can to reduce exposure to second-hand smoke by
supporting smoke-free environments, including vehicles." httb://www.
ama-assn.org/ ama/pub/news/news/2014 /2014-06-10- new-policiesto-impro
ve-the-health-of-th e-nation-day-two.page downloaded 01.29.2015

Secondhand tobacco smoke (SHS) is a major preventable contributor to
acute and chronic adverse health outcomes that affect children
disproportionately.

The Center for Disease Control and Prevention (CDC) reported that in
children, second hand smoke causes the following:

*ear infections
*more frequent and severe asthma attacks, onset of asthma in
previously healthy children
*respiratory symptoms (coughing, sneezing, shortness of breath)
*respiratory infections (bronchitis, pneumonia)
*and a greater risk for sudden infant death syndrome.

In the U.S., for children aged 18 months or younger, secondhand smoke
exposure is responsible for:

*an estimated 150,000-300,000 new cases of bronchitis and pneumonia
annually
*approximately 7,500 - 15,000 hospitalizations annually

Nonsmokers who are exposed to secondhand smoke at home increase their
lung cancer risk by 20-30%.

(information from CDC website last updated 4/11/14 www.cdc.
gov/tobacco/data -statistics, downloaded 01.29.2015)

The CDC reports that there are more than 7,000 chemicals, including
hundreds that are toxic and about 70 that can cause cancer. The World
Health Organization has established 25 mcg/m3 as the limit for safe
particulate matter levels.

In 2012, The Scottish Centre for Indoor Air at the University of
Aberdeen conducted a study that highlights the dangers of SHS in
automobiles. Researchers measured fine particulate matter in the rear
passenger seat of cars driven by 14 smokers and three nonsmokers.
Particulate matter levels averaged 7.4 mcg/m3 during smoke-free
drives, but were 11 times higher (85 mcg/m3) in cars where smoking
occurred. Average levels peaked at 385 mcg/m3, with the highest level
being 880 mcg/m3.

While awareness of SHS has modified the behavior of smoking in
households, the same cannot be said of automobiles. A November 2012
Center for Child and Adolescent Health Research and Policy study found
that two out of three parents with smoke-free home policies don't
enforce the same rules in their car. Some three-quarters of smoking
parents admitted that someone had smoked in their car in the last
three months. In addition, only one-quarter of smoking parents adopt a
smoke-free car policy and nearly half of those who don't enforce a
ban, smoke while their children are in the car.

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.

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, seven states have enacted legislation
prohibiting smoking in cars that are transporting foster children.

 PRIOR LEGISLATIVE HISTORY :

2014 : S472 / A 622 (M/A Weprin)

 FISCAL IMPLICATIONS :

None to the state.

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