Prohibits smoking in private passenger cars, vans or trucks where minors less than 14 years of age are passengers in such vehicles; penalties for violation

5. a. prohibits smoking in vehicles while children under 14 are present.

b. presumption established by this paragraph is rebuttable by evidence showing that the person was NOT smoking.

Section 2. Subdivision 1 of section 1399-q of the public health law, as amended by chapter 13 of the laws of 2003, is amended to include personal automobiles in subdivision 5.

Section 3. Section 1399-v of the public health law, as added by chapter 244 of the laws of 1989, is amended to impose penalties.

1.

2. A person who holds a lighted, cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other plant or matter that can be smoked to, or in the immediate proximity of his or her mouth, while in such vehicle is presumed to be engaging in smoking within the meaning of this section. The presumption established by this subdivision is rebuttable by evidence showing that the person was not smoking a lighted cigar, cigarette, pipe or other matter or substance which contains tobacco or any other plant or matter that can be smoked.

Justification

The harmful effect secondhand smoke (SHS) can have on people, especially children, has been well documented. The EPA estimates that secondhand smoke causes up to 62,000 deaths each year among nonsmokers in the United States, including 3,000 deaths due to lung cancer alone.

At its Annual Meeting in June 2014, the American Medical Association re-affirmed its commitment to protecting children from second-hand smoke. The AMA said:

Studies suggest that children are more vulnerable than adults to second-hand smoke and that second-hand smoke can increase likelihood of ear disease, lower respiratory infections and asthma. The AMA is dedicated to reducing exposure to second-hand tobacco smoke for both children and adults and voted today to add to its policies on the topic, strengthening its support of tobacco-free and smoke-free environments. The new policy supports legislation that prohibits smoking while operating or riding in a vehicle with children - similar to policies in effect in Arkansas, California, Louisiana, Maine, Oregon, Utah and Puerto Rico. The dangers of second-hand smoke are marked and proven, and no one is more at risk than our youth," said William Kobler, MD, member of the Board of Trustees. It is important that we do all that we can to reduce exposure to second-hand smoke by supporting smoke-free environments, including vehicles." httb://www. ama-assn.org/ ama/pub/news/news/2014 /2014-06-10- new-policiesto-impro ve-the-health-of-th e-nation-day-two.page downloaded 01.29.2015

Secondhand tobacco smoke (SHS) is a major preventable contributor to acute and chronic adverse health outcomes that affect children disproportionately.

The Center for Disease Control and Prevention (CDC) reported that in children, second hand smoke causes the following:

*ear infections *more frequent and severe asthma attacks, onset of asthma in previously healthy children *respiratory symptoms (coughing, sneezing, shortness of breath) *respiratory infections (bronchitis, pneumonia) *and a greater risk for sudden infant death syndrome.

In the U.S., for children aged 18 months or younger, secondhand smoke exposure is responsible for:

*an estimated 150,000-300,000 new cases of bronchitis and pneumonia annually *approximately 7,500 - 15,000 hospitalizations annually

Nonsmokers who are exposed to secondhand smoke at home increase their lung cancer risk by 20-30%.

(information from CDC website last updated 4/11/14 www.cdc. gov/tobacco/data -statistics, downloaded 01.29.2015)

The CDC reports that there are more than 7,000 chemicals, including hundreds that are toxic and about 70 that can cause cancer. The World Health Organization has established 25 mcg/m3 as the limit for safe particulate matter levels.

In 2012, The Scottish Centre for Indoor Air at the University of Aberdeen conducted a study that highlights the dangers of SHS in automobiles. Researchers measured fine particulate matter in the rear passenger seat of cars driven by 14 smokers and three nonsmokers. Particulate matter levels averaged 7.4 mcg/m3 during smoke-free drives, but were 11 times higher (85 mcg/m3) in cars where smoking occurred. Average levels peaked at 385 mcg/m3, with the highest level being 880 mcg/m3.

While awareness of SHS has modified the behavior of smoking in households, the same cannot be said of automobiles. A November 2012 Center for Child and Adolescent Health Research and Policy study found that two out of three parents with smoke-free home policies don't enforce the same rules in their car. Some three-quarters of smoking parents admitted that someone had smoked in their car in the last three months. In addition, only one-quarter of smoking parents adopt a smoke-free car policy and nearly half of those who don't enforce a ban, smoke while their children are in the car.

Smoking is prohibited in many public places such as airplanes, shopping malls, restaurants, bars, and a whole range of facilities and spaces serving child age populations. The dangers secondhand smoke can pose to a child in an enclosed area like a private passenger vehicle are severe.

We currently provide protections for both children and drivers by mandating the use of car seats and seatbelts in private automobiles. This bill is an extension of those protections by providing children clean air to breathe.

The $100 penalty imposed for violation of this ban is justified by the significant, well-documented negative health impact on those children forcibly exposed to SHS in automobiles.

In New York State on the local level, Rockland County has already enacted a ban on smoking in cars with children up to the age of 18. At least 15 other states and the District of Columbia have similar legislation pending. At present, seven states have enacted legislation prohibiting smoking in cars that are transporting foster children.

Prior legislative history

2014 : S472 / A 622 (M/A Weprin)

Fiscal implications

None to the state.

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become law.