S1449-2013 Actions

• Jan 9, 2013: REFERRED TO HEALTH

S1449-2013 Memo

BILL NUMBER:S1449

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

PURPOSE:

To prohibit smoking at public playgrounds.

SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new � 1399-o-1 to the Public Health Law
to prohibit smoking at public playgrounds.

JUSTIFICATION:

Children are significantly affected by secondhand smoke. Children's
bodies are still developing, and exposure to the poisons in
secondhand smoke puts them at risk of severe respiratory diseases and
can hinder the growth of their lungs. The health effects of
secondhand smoke exposure from conception through childhood can last
a lifetime:

* The developing lungs of young children can be affected by exposure
to secondhand smoke.

* Second hand smoke exposure increases the risk of lower respiratory
tract infections such as bronchitis and pneumonia. EPA estimates
that between 150,000 and 300,000 of these cases annually in infants
and young children are attributable to exposure to second hand smoke.
Of these, between 7,500 and 15,000 will result in hospitalization.
Secondhand smoke exposure impairs a child's ability to learn. It is
neurotoxic even at extremely low levels. More than 21.9 million
children are estimated to be at risk of reading deficits because of
secondhand 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.

* Second hand smoke exposure in children irritates the upper
respiratory tract and is associated with a small but significant
reduction in lung function.

* Asthma attacks are perhaps the most well-known health effect of
secondhand smoke exposure among children. Secondhand smoke exposure
increases the frequency of episodes and the severity of symptoms in
asthmatic children. The EPA estimates that 200,000 to 1,000,000
asthmatic children have their condition worsened by exposure to
secondhand smoke.

* Exposure to secondhand smoke is associated with increased asthma
severity and worsened lung function in children with asthma.


Secondhand smoke exposure is associated with increased
respiratory-related school absenteeism among children, especially
those with asthma.

* Second hand smoke exposure is a risk factor for new cases of asthma
in children who have not previously displayed symptoms.

* Not only does in utero and childhood secondhand smoke exposure cause
decreased lung function and asthma in children, but such exposure is
also responsible for poor lung function and respiratory disease in
adults. Men who report postnatal secondhand smoke exposure and women
who report prenatal exposure are more likely to have respiratory
problems as adults.

* Secondhand 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 II
diabetes.

* The level of secondhand smoke a child is exposed to is directly
proportional to the likelihood of the child becoming a smoker as an
adolescent or an 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 secondhand 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 2001, the U.S. Occupational Safety and Health
Administration (OSHA) noted that almost 70 percent of Americans were
working in smoke-free environments;

* 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 practice, many - if not most - schools,
day-care centers, fast-food restaurants and other places where
children gather are virtually smoke-free; and,

* In 2001, the Centers for Disease Control reported a dramatic
reduction in exposure of the general U.S.
population to secondhand smoke over the course of a decade.

FISCAL IMPLICATIONS:

None.

PRIOR LEGISLATIVE HISTORY:

2006:    Senate 3rd Reading Cal./Assembly Health Cmte.
2007-08: Passed Senate/Assembly Codes Cmte.
2009:    Senate Health Cmte.


2010:    Senate Health Cmte./Notice of Committee Consideration
Requested; Reported and Committed to Codes Cmte.
2011: Senate Committed to Rules
2012: Senate Health Committee

EFFECTIVE DATE:

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

S1449-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1449
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
 printed to be committed to the Committee on Health
 

AN ACT to amend the public health law, in relation to prohibiting  smok
 ing at playgrounds
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The public health law is amended by adding  a  new  section
 1399-o-1 to read as follows:

 

S  1399-O-1.  SMOKING  RESTRICTIONS;  CERTAIN OUTDOOR AREAS.   SMOKING
 SHALL NOT BE PERMITTED AND NO PERSON SHALL SMOKE WITHIN  FIFTY  FEET  OF
 ANY  PLAYGROUND. FOR THE PURPOSES OF THIS SECTION, THE TERM "PLAYGROUND"
 MEANS AN IMPROVED AREA DESIGNED, EQUIPPED, AND SET ASIDE FOR PLAY OF SIX
 OR MORE CHILDREN WHICH IS NOT INTENDED FOR USE AS  AN  ATHLETIC  PLAYING
 FIELD  OR  ATHLETIC COURT, AND SHALL INCLUDE ANY PLAY EQUIPMENT, SURFAC
 ING, FENCING, SIGNS, INTERNAL PATHWAYS, INTERNAL LAND FORMS, VEGETATION,
 AND RELATED STRUCTURES. PLAYGROUNDS OR PLAYGROUND EQUIPMENT  CONSTRUCTED
 UPON ONE, TWO AND THREE-FAMILY RESIDENTIAL REAL PROPERTY ARE EXEMPT FROM
 THE REQUIREMENTS OF THIS SECTION.
 

S  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05653-01-3

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