ALBANY – Second-hand smoke will pose less of a risk for children in after-school programs across New York state, according to Gov. Andrew Cuomo.

Last week, Cuomo signed a bill which expands the current ban on smoking on school grounds within 100 feet of entrances, exits or outdoor areas of public and private schools to also include after-school programs not on school grounds that are registered with the New York State Office of Child and Family Services.

Section one of the law reads, “Smoking shall not be permitted and no person shall smoke within 100 hundred feet of the entrances, exits or outdoor areas of any after-school program licensed or registered pursuant to section 390 of the social services law,”

The ban would be in effect during the after school programs, and the law requires these programs to post the hours during which the ban is in effect.

Residences within the 100-foot perimeter would be excluded from the new law’s smoking ban.

Cuomo said the measure is a way for New York to help protect children, and keep them healthy.

“This common sense measure will help protect children from the dangerous effects of second-hand smoke and complements the efforts that have resulted in smoking in New York hitting an all-time low,” he said. “I thank the sponsors for their efforts to make this a stronger and healthier New York.”

State Sen. Gustavo Rivera, D-Bronx, spoke words of praise for the governor’s signing of the bill that he sponsored in the state Senate.

“I commend Gov. Cuomo for signing into law this bill to ensure that children in our communities are not subjected to the dangers of second hand smoking when entering in or exiting their after school programs,” he said. “After school programs should be safe learning spaces and Assemblymember Pichardo and I will continue to work hard to work hard to safeguard our community’s public health.”

Assemblyman Victor Pichardo, D-Bronx, sponsored the bill in the state Assembly, and also offered thanks for the passage of the bill.

“I am elated at the news of this bill’s passage. It is critical that we do everything we can to help protect the health of our children, and I want to thank the governor for signing this important legislation into law,” Pichardo said. “With the help of Speaker Carl Heastie, Sen. Gustavo Rivera and my colleagues, our children will no longer be exposed to the harmful and dangerous effects of secondhand smoke while participating in after-school activities that enrich their lives.”

Assemblyman Andy Goodell, R-C-I-Jamestown, said this was one bill that he voted against, despite his staunch anti-smoking possition.

“I support smoking bands on school property and I do support efforts to reduce smoking,” Goodell said, explaining that smoking is detrimental to health, is the single largest prevental cause of disease and premature death in the U.S. “There is a reasonable role for government, and I think this legislation exceeds the reasonable role of government. I think the government oversteps its role when it asks health department employees to arrest poeple driving by in their cars or on the other side of the street smoking.”

Smoking bans are already under effect on school grounds, as they should be, he said. However, there are many after school programs that are not held on school grounds, Goodell added.

“Under exisiting law, smoking on school property is prohibited,” He said, adding the law invokes legislation that is already in place. “This bans smoking while you are outside, and at 100 feet. You can be on the other side of the street or driving by in your car, and violate this law. Also, this can only be enforced by health department employees.”

Health department officials have other issues to look into and codes to enforce, Goodell said.

“Their time can be better spent making sure the food we eat and the water we drink is wholesome and pure. I think it is ridiculous because I don’t think you will ahve any health department employees enforcing this law,” he said.

Goodell added individuals smoking need not be in the presence of children to violate the law.

“There could be no child in sight,” he said, adding that he has several other issues with the law. “Also, under the new law, you would have to find out where every after school program is, be able to measure 100 feet around and make sure you are not driving by the after school program smoking. I believe laws should be carefully and tightly written so they can be balanced between infringing on individual rights and protecting our children.”

John Barber, YMCA teen director, said the legislation reenforces the measures the Y has already put into action.

“We’ve taken measures to prohibit smoking in and around the building, not just to protect our patrons, but also the youth. To a large degree, we’ve already been taking measures to protect children from second-hand smoke, but Gov. Cuomo’s law backs up these measures,” Barber said. “Some of our programs are school based, but I’m certain those facilities have similar measures. (This law) is a positive measure to reinforce the dangers of second-hand smoke.”

He added that there is signage up all around the downtown YMCA location in Jamestown which are strongly enforced, but the legislation has given even more of a reason to do so.

“(The law) just adds a layer because it’s something that we need to (make sure we) have enforced around our facility,” Barber said. “Also, the smoking ban around the Jamestown YMCA will benefit two after school programs next year, including the Love Terrific Kids program, and the teen program.”

He said the Love Terrific Kids program will be moved to the YMCA next year due to the construction on the school grounds, but the Love Elementary School students will still benefit from the smoking ban at their temporary site.

According to the After School Alliance, 21 percent of children in New York state attend after school programs, or 632,076 children. The alliance reports that 25 percent of kindergarten through fifth-graders participate in after school programs, as well as 25 percent of sixth- through eighth-graders. Only 17 percent of ninth- through -12th grade students participate in after school programming.

According to the Center for Disease Control and Prevention, second-hand smoke causes effects in children such as ear infections, more frequent and severe asthma attacks, respiratory symptoms such as coughing, sneezing and shortness of breath, respiratory infections such as bronchitis and pneumonia and a greater risk for sudden infant death syndrome (SIDS). Children have higher rates of exposure to second-hand smoke, according to the CDC.

Data shows 41 percent of children age 3-11 years-old are exposed to second-hand smoke nationwide.