BILL NUMBER: S7522

SPONSOR: HANNON
 
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:
This act shall take effect immediately.