What's happening
This bill changes smoking restrictions in child care facilities, especially private homes, based on their licensing status.
Why it matters
Creates a distinction based on licensing. The bill differentiates between private homes that are required to be licensed or registered as child care facilities and those that are not, subjecting each to different smoking restrictions.
Stricter rules for licensed homes. For private homes that must be licensed or registered to provide child care, smoking is banned at all times in rooms used for child care, even when children are not present—closing a previous loophole.
Maintains flexibility for some private homes. For private homes not required to be licensed or registered, smoking is only prohibited in child care areas when children are actually present, allowing more personal freedom for these providers.
Targets child health and secondhand smoke exposure. By tightening rules specifically for regulated child care settings, the bill aims to better protect children from secondhand smoke, especially in environments where care is provided professionally or at higher volumes.
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Who cares
Headline styles
Ban Smoking in Child Care
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by A397B
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1498
- Print number 7522a
- Amend and recommit to health
- 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.
Tighten Child Care Smoking Ban
Signed by Governor · Sponsor Aileen Gunther
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7522--A
IN SENATE
January 19, 2018
Introduced by Sen. HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- 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, 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03775-06-8
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to smoking restrictions in child care facilities
Purpose
This bill seeks to protect children from the harmful effects of second and third-hand smoke in home-based day care.
Summary of provisions
Section one amends paragraph h of subdivision 1 of section 1399-o of the public health law to prohibit smoking at all times in facilities that provide child care services in a private home, and providing that any rooms which are not used for such child care services are excluded from this provision.
Section two is the effective date.
Justification
According to the Public Health Law Center, third-hand smoke is "residual contamination from cigarette smoke toxicants that can linger on surfac- es...days, weeks, and even months after a cigarette was smoked." These toxicants can include nicotine, lead, and ammonia, and they can become embedded in carpets, countertops, furniture, clothing, and other house- hold items and surfaces.
The health impacts of third-hand smoke have been the subject of research in recent years. Most notably, a study by researchers at the Lawrence Berkeley National Laboratory demonstrated that third-hand smoke can lead to gene mutation, which, according to the Berkeley Lab News Center, is "associated with the development of diseases and is a critical mechanism responsible for many types of cancer caused by smoking and second-hand smoke exposure." These findings also suggest that airing out indoor areas will not eliminate third-hand smoke.
Currently, operators and residents of home-based day care centers are permitted to smoke outside of their hours of operation. Doing so exposes young children under their care to the adverse effects of third-hand smoke. Infants and toddlers are especially vulnerable to these health risks as they will often crawl and breathe near surfaces contaminated by third-hand smoke, inadvertently swallowing or inhaling harmful toxi- cants. As their immune and respiratory systems are in the beginning stages of development, children are even more susceptible to these damaging effects than adults.
In addition, current law does not prohibit smoking immediately before children arrive at the day care. Consequently, children can also be exposed to second-hand smoke, the dangers of which have been thoroughly researched and understood to be particularly toxic to children.
By expanding the prohibition of smoking at home-based family day care centers from the hours of operation to at all times, we will ensure the safety of our children and protect them from exposure to carcinogens that may lead to long-term health issues.
Legislative history
New Bill
Fiscal implications
None
Effective date
Effective 90 days after enactment
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.