A04025 Summary:
BILL NO | A04025 |
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SAME AS | SAME AS S01643 |
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SPONSOR | Galef (MS) |
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COSPNSR | Gottfried, Paulin, Dinowitz, Clark, Finch, Englebright, Abinanti, Roberts, Zebrowski, Ortiz, Jaffee, Weprin, Rosenthal |
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MLTSPNSR | Arroyo, Ceretto, Crouch, Heastie, Hevesi, Hooper, Lifton, Markey, Mayer, McKevitt, Montesano, Mosley, Perry, Sepulveda, Sweeney, Thiele, Titone |
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Add S1399-o-l, Pub Health L | |
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Relates to smoking restrictions on playgrounds and enforcement by park police. |
A04025 Memo:
Go to topNEW 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.
A04025 Text:
Go to top 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