NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4025 REVISED 7/2/13
SPONSOR: Galef (MS) TITLE OF BILL: An act to amend the public health law, in relation to
prohibiting smoking at playgrounds
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to
prohibit smoking at playgrounds.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Adds a new section 1399-o-1 to the Public Health Law.
§ 1399-o-1. Smoking restrictions; certain outdoor areas. 1. Smoking
shall not be permitted and no person shall smoke during the hours
between sunrise and sunset, when one or more persons under the age of
twelve are present at 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, surfacing, 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. This section
shall not apply to any playground located within the City of New York.
2. No police officer, peace officer, regulatory officer or law enforce-
ment official may arrest, ticket, stop or question any person based
solely or in part on an alleged violation of subdivision one of this
section, nor may an alleged violation of subdivision one of this section
support probable cause to conduct any search or limited search of any
person or his or her immediate surroundings.
Section 2. This act shall take effect on the ninetieth day after it
shall have become law.
JUSTIFICATION: This legislation is intended to protect the health of
children who are more vulnerable to the ill effects of second-hand smoke
than adults. Historical data has consistently demonstrated that chil-
dren 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 pneu-
monia. The United States Environmental Protection Agency (EPA) estimates
that annually there are between 50,000 and 300,000 of these cases,
consisting of infants and young children, that are attributable to SHS
exposure. Between 7,500 and 15,000 of these cases will result in hospi-
talization. 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 greater 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 established to reflect this opinion. Most
recently, New York State has banned smoking on train platforms. 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 ordinances
in more than 1,727 communities that ban or restrict smoking in indoor
environments.
PRIOR LEGISLATIVE HISTORY: A. 6451-C and S. 7627-A of 2011/2012 A.
1137 and S. 5005 of 2009/2010 A. 7469-C of 2007/2008 A. 11146 and S.
7153 of 2005/2006
FISCAL IMPLICATIONS: There are no fiscal implications connected to
this legislation.
EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall have become law.
STATE OF NEW YORK
________________________________________________________________________
4025
2013-2014 Regular Sessions
IN ASSEMBLY
January 30, 2013
___________
Introduced by M. of A. GALEF, GOTTFRIED, PAULIN, DINOWITZ, CLARK, FINCH,
ENGLEBRIGHT, ABINANTI, ROBERTS, ZEBROWSKI, ORTIZ, JAFFEE, WEPRIN --
Multi-Sponsored by -- M. of A. ARROYO, CERETTO, CROUCH, HEASTIE,
HEVESI, HOOPER, LIFTON, MARKEY, McKEVITT, MONTESANO, SWEENEY, THIELE,
TITONE -- read once and referred 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:
1 Section 1. The public health law is amended by adding a new section
2 1399-o-1 to read as follows:
3 § 1399-o-1. Smoking restrictions; certain outdoor areas. 1. Smoking
4 shall not be permitted and no person shall smoke during the hours
5 between sunrise and sunset, when one or more persons under the age of
6 twelve are present at any playground. For the purposes of this section,
7 the term "playground" means an improved area designed, equipped, and set
8 aside for play of six or more children which is not intended for use as
9 an athletic playing field or athletic court, and shall include any play
10 equipment, surfacing, fencing, signs, internal pathways, internal land
11 forms, vegetation, and related structures. Playgrounds or playground
12 equipment constructed upon one, two and three-family residential real
13 property are exempt from the requirements of this section. This section
14 shall not apply to any playground located within the city of New York.
15 2. No police officer, peace officer, regulatory officer or law
16 enforcement official may arrest, ticket, stop or question any person
17 based solely or in part on an alleged violation of subdivision one of
18 this section, nor may an alleged violation of subdivision one of this
19 section support probable cause to conduct any search or limited search
20 of any person or his or her immediate surroundings.
21 § 2. This act shall take effect on the ninetieth day after it shall
22 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04782-01-3
