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A04025 Summary:

BILL NOA04025
 
SAME ASSAME AS S01643
 
SPONSORGalef (MS)
 
COSPNSRGottfried, Paulin, Dinowitz, Clark, Finch, Englebright, Abinanti, Roberts, Zebrowski, Ortiz, Jaffee, Weprin, Rosenthal
 
MLTSPNSRArroyo, 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:

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.
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A04025 Text:



 
                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
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