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A397Assembly2017-2018 SessionSame asS7522

Tighten Child Care Smoking Ban

Official title

“Relates to smoking restrictions in child care facilities”

Sponsor Aileen GuntherAD-100+14 co-sponsorsAffects Legal
Status
Signed by Governor
Impact
5/10
Moderate
Outcome
Signed into law

Bill progress

Signed into law

What's happening

This bill amends public health law to further restrict smoking in licensed or registered child care homes, regardless of children's presence.

Why it matters

  1. Expands protections for children’s health. by banning smoking at all times in licensed or registered child care homes, not just when children are present—addressing concerns over lingering secondhand smoke and toxic residue (thirdhand smoke) that can harm children even after smoking has occurred.

  2. Closes a loophole in current law. that previously allowed smoking in home-based child care facilities during off-hours when children were not there, ensuring these environments remain smoke-free at all times and reducing potential exposure.

  3. Distinguishes between regulated and unregulated child care settings,. applying stricter rules only to homes officially licensed or registered by the Office of Children and Family Services—potentially raising the safety standard for formal child care but not affecting informal (unlicensed) care arrangements.

  4. May affect behavior and compliance for child care providers,. requiring licensed or registered home-based caregivers to maintain smoke-free environments at all times, possibly influencing their personal habits and reinforcing the importance of smoke-free homes in early childhood settings.

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Who cares

Headline styles

Tighten Child Care Smoking Ban

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Aileen Gunther

Assembly Member · Assembly District 100

History

  1. Signed chap.201
  2. Delivered to governor
  3. Returned to assembly
  4. Passed senateVote 60–0
  5. 3rd reading cal.1498
  6. Substituted for S7522A
  7. Referred to rules
  8. Delivered to senate
  9. Passed assembly
  10. Advanced to third reading cal.972
  11. Reported
  12. Print number 397b
Show 6 earlier actions
  1. Amend and recommit to codes
  2. Reported referred to codes
  3. Print number 397a
  4. Amend and recommit to health
  5. Referred to health
  6. Referred to health

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S7522Senate

Ban Smoking in Child Care

Senate Floor Calendar · Sponsor Kemp Hannon

Impact 5 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

397--B

2017-2018 Regular Sessions

IN ASSEMBLY

January 9, 2017

Introduced by M. of A. GUNTHER, COOK, JAFFEE, ZEBROWSKI, SIMOTAS, JOYNER, BLAKE, ARROYO, STECK, HOOPER, BARRETT, RAIA -- Multi-Sponsored by -- M. of A. BYRNE, RIVERA -- read once and referred to the Committee on Health -- recommitted to the Committee on Health in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the public health law, in relation to smoking restrictions in child care facilities

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Paragraph h of subdivision 1 of section 1399-o of the public health law, as amended by chapter 335 of the laws of 2017, is amended to read as follows:

h. any facility that provides child care services as defined in section four hundred ten-p of the social services law, provided, however, that [such services provided in] rooms in such a facility that is a private home [are excluded from this subdivision when children enrolled in such day care are not present;] shall be regulated by this paragraph as follows:

(i) when such private home is not required to be licensed or registered for such services by the office of children and family services, rooms in such home are excluded from the prohibition of this paragraph during periods when children receiving such services are not present; and

(ii) when such private home is required to be licensed or registered for such services by the office of children and family services, rooms in such home are included within the prohibition of this paragraph,

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD03775-05-8

A. 397--B 2

regardless of whether or not children receiving such services are present.

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

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.