Prohibits smoking at all times in facilities that provide child care services in a private home provided that such private home is required to be licensed or registered for child care services, regardless of whether or not children receiving such services are present.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A397B
SPONSOR: Gunther (MS)
TITLE OF BILL:
An act to amend the public health law, in relation to smoking
restrictions in child care facilities
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 rooms of licensed
or registered facilities that provide child care services in a private
Section two is the effective date.
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, inadvertent-
ly swallowing or inhaling harmful toxicants. As their immune and respir-
atory 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.
2015-16: A7206 referred to Health
None to state.
This act shall take effect on the ninetieth day after it shall have
become a law.
STATE OF NEW YORK
2017-2018 Regular Sessions
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 Commit-
tee 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 Assem-bly, do enact as follows:
1 Section 1. Paragraph h of subdivision 1 of section 1399-o of the
2 public health law, as amended by chapter 335 of the laws of 2017, is
3 amended to read as follows:
4 h. any facility that provides child care services as defined in
5 section four hundred ten-p of the social services law, provided, howev-
6 er, that [such services provided in] rooms in such a facility that is a
7 private home [are excluded from this subdivision when children enrolled
8 in such day care are not present;] shall be regulated by this paragraph
9 as follows:
10 (i) when such private home is not required to be licensed or regis-
11 tered for such services by the office of children and family services,
12 rooms in such home are excluded from the prohibition of this paragraph
13 during periods when children receiving such services are not present;
15 (ii) when such private home is required to be licensed or registered
16 for such services by the office of children and family services, rooms
17 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.
A. 397--B 2
1 regardless of whether or not children receiving such services are pres-
3 § 2. This act shall take effect on the ninetieth day after it shall
4 have become a law.