Prohibits any person from smoking at a playground

Summary of specific provisions

Section 1 of the bill adds a new

§1399-0-1 to the Public Health Law to prohibit smoking at public play- grounds during the hours between sunrise and sunset, or when one or more persons under the age of twelve are present. Section 2 declares that no police, peace, regulatory, or law enforcement officers may arrest, tick- et, stop or question any person based solely or in part on an alleged violation of this subdivision.

Justification

Children are significantly affected by second-hand smoke, which puts them at risk of severe respiratory diseases and often hinders the growth of their lungs. The health effects of second-hand smoke expo- sure from conception through childhood can last a lifetime. The develop- ing lungs of young children can be affected by exposure to second-hand smoke.

*Second-hand smoke exposure increases the risk of lower respiratory tract infections such as bronchitis and pneumonia. The United States Environmental Protection Agency (EPA) estimates that annually between 50,000 and 300,000 of these cases, consisting of infants and young chil- dren, are attributable to second-hand smoke exposure. Between 7,500 and 15,000 of these cases will result in hospitalization. Second-hand smoke exposure impairs a child's ability to learn. It is neuro-toxic even at extremely low levels. More than 2.9 million children are estimated to be at risk of reading deficits because of second-hand smoke. Higher levels of exposure to secondhand smoke are also associated with greater defi- cits 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.

*In children second-hand smoke irritates the upper respiratory tract and is associated with a small but significant reduction in lung function, increases the frequency of episodes and the severity of symptoms in asthmatic children, and is a risk factor for new cases of asthma in children who have not previously displayed symptoms. The EPA estimates that 200,000 to 1,000,000 asthmatic children have their condition wors- ened by exposure to second-hand smoke. As a result of this, children with asthma show an increase in respiratory related school absents.

*Not only does in utero and childhood second-hand smoke exposure cause decreased lung function and asthma in childhood, but such exposure is also responsible for poor lung function and respiratory disease in

adults. Men who report postnatal second-hand smoke exposure and women who report prenatal exposure are more likely to have respiratory prob- lems as adults.

*Second-hand tobacco smoke exposure raises adolescents' risk of metabol- ic syndrome - a disorder associated with excessive belly fat that increases ones' chances of heart disease, stroke, and Type H Diabetes.

*The level of second-hand smoke a child is exposed to is directly proportional to the likelihood of the child becoming a smoker as an adolescent or adult.

As a result of this broad communication of the reported risks of second-hand smoke, public opinion polls show that the majority of Ameri- cans believe that second-hand smoke is harmful, and public policy has reflected this. For example:

*Smoking has been banned on all U.S. domestic Airline flights since 1990;

*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 practices, many, if not most, schools, daycare centers, fast-food restaurants and other places where children gather are virtually smoke-free. In 2001, the Centers for Disease Control reported a dramatic reduction in exposure of the general U.S. population to second-hand smoke over the course of a decade.

Prior legislative history

A.7469-C of 2007/2008 A.11466/S.7153 of 2005/2006

Fiscal implications

None.

Effective date

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