MINUTES
COMMITTEE ON THE ENVIRONMENT & HEALTH
Monday, January 6, 2003
3:00 P.M.
JOINT MEETING WITH LEGISLATION COMMITTEE
MEMBERS PRESENT: M. Kaplowitz, Chair; U. LaMotte; J. Maisano; V. Pinto; M. Rogowsky; W. Ryan; S. Swanson; L. Bronz.
BOL STAFF: T. Bernard, A. Giordano, S. Bass.
ALSO PRESENT: Liz Safi (Law Dept.), H. Corbin (Legis. Intern), C. Hindle Verber( West. Health Act. Coal.), P. DeCaro (LWV), P. Riekstins(NYS Rest. Assn.), A. Neuman (CEO), B. Randolph (CEO), S. Metz(Law Dept.), L. Trentacoste (Law), B. McGrath (Law), L. Jones (Am. Cancer Soc.), S. Levin (Am. Cancer Soc.), M. Hallet (Power Ag. Tobacco), M. Goldberg, F. Guido (Health Dept.), M. Landrigan (Health Dept.), J. Hudson (Health Dept.).
DISCUSSION:
Chair Kaplowitz called the meeting to order at 3:10 p.m. and summarized the E&H Comm. actions on the smoke free worksite legislation.
Last year the Board considered local legislation to create a new Chapter 534, held a public hearing and recommitted it back to both committees. In the interim NYC also passed smoke free worksite legislation. Memos from Steve Bass and the Co. Exec. and a letter from the Am. Cancer Soc. outlining four matters the committee should consider were handed out.
Legislator Abinanti (Legis. Comm.) reviewed the legislation stating that there was no controversy over legislative intent. It was discussed and determined that tertiary smoke was likely exposure to smoke which might affect a fetus.
Looking at the definition of “Place of Employment”, the committees discussed what restrictions should be applied to a private residence. Legislator Kaplowitz moved and Legislator LaMotte seconded that the
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COMMITTEE ON THE ENVIRONMENT & HEALTH
Monday, January 6, 2003
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definition read “A private residence is not a ‘place of employment’ unless it is used as a childcare or health care facility.” The motion passed with the
proviso that it can always be revisited since the committee has some reservations about expanding the definition.
The issue of including private clubs was raised. Legislator Stewart-Cousins has been contacted by several clubs including the Elks that don’t employ outside people. The Nassau County legislation included private clubs including large beach clubs and golf clubs which employee a lot of people. Legislator Kaplowitz prefers to include clubs when they hire employees from the outside with non-members in attendance. Legislator Ryan prefers to include clubs because they can have many employees.
Peter Riekstins, President of the Westchester Chapter of the NYS Restaurant Assn., likes the law as it stands since it offers options for both sides of the position. But if restrictions will be in place, it should be a “level playing field” with the same requirements for both public and private businesses.
A representative of the American Cancer Society, Lillian Jones, pointed out that the one way to differentiate private clubs is exempt those that do not have employees. However, her organization is concerned also with protecting patrons so would like for there to be no exemptions.
Andrew Neuman pointed out that the Co. Executive would prefer a regional approach. The NYC legislation differentiated for-profit and not-for-profit clubs. Not-for-profit clubs requesting an exemption are required to register with the Health Dept. although the presence of any employee, full or part time, precludes the granting of an exemption. Outdoor smoking is permitted as long as it only takes 25% of the outdoor space.
Legislator Kaplowitz suggested the removal of the term “volunteer” from the definition of employee under Sec. 534.02 to resolve the problem of private
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COMMITTEE ON THE ENVIRONMENT & HEALTH
Monday, January 6, 2003
PAGE 3
clubs such as Elks that at times are only social gathering places with no employees.
Dennis Gallagher, Member of the Board of the West./Rockland Restaurant Assn., delivered information challenging the statistics on secondhand smoke.
To avoid the issue of independent contractors being excluded from the term “employee”, the term “or engaged” should be added to Sec. 534.02 (1.) after the word “employed.”
The effective date should be changed to ninety days after enactment.
Legislator Kaplowitz suggested that Section 534.05 reflect the concept in Sec. 534.04 that the custom of the Health Care Facility be observed offering a “smoking area” rather than permitting smoking in a resident’s room. A separate section for Health Care Facilities will be crafted to also refer to Sec. 13-E of the NYS Public Health Law also using the language about the room being marked. This is different from NYC Law which exempts private rooms in residential health care facilities.
The issue of outdoor smoking in “enclosed areas” was reviewed to clarify that outdoor restaurants with designated areas are included. The Restaurant Association, Cancer Soc. and Co. Exec. all prefer that all restaurant outdoor areas be included.
The revisions will be reviewed separately in Legislation and E&H Committees at their Jan. 21 meetings.
Review of changes:
1. Sec. 534.02 (1) definition of “Employee” ends after the word “profit.”
2. Sec. 534.02 (3) ends after “health care facility” not listing hours of operation.
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COMMITTEE ON THE ENVIRONMENT & HEALTH
Monday, January 6, 2003
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3. 534.05 will be a new Regulation of Smoking in Residential Health Care Facilities and renumbering thereafter.
4. Enactment date is 90 days after passing legislation.
Legislator Ryan moved, Legislator Pinto seconded and the committee approved the recommended revisions as discussed. The revisions will be presented at the committee and board meetings on January 21, 2003.
The committee adjourned with a reminder of the next meeting on January 13.