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A04025 Summary:

BILL NO    A04025 

SAME AS    SAME AS S01643

SPONSOR    Galef (MS)

COSPNSR    Gottfried, Paulin, Dinowitz, Clark, Finch, Englebright, Abinanti,
           Roberts, Zebrowski, Ortiz, Jaffee, Weprin, Rosenthal

MLTSPNSR   Arroyo, Ceretto, Crouch, Heastie, Hevesi, Hooper, Lifton, Markey,
           Mayer, McKevitt, Montesano, Mosley, Perry, Sepulveda, Sweeney,
           Thiele, Titone

Add S1399-o-l, Pub Health L

Relates to smoking restrictions on playgrounds and enforcement by park police.
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A04025 Memo:

BILL NUMBER:A4025               REVISED 7/2/13

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.

S 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 enforcement 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
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 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 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 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.
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A04025 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         4025

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   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    S  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    S 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
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