Bill Text: NY A01982 | 2015-2016 | General Assembly | Amended

---

Bill Title: Prohibits smoking in private passenger cars, vans and trucks where a minor less than 14 years of age is a passenger in such vehicles; provides for rebuttable presumption; provides that violations of such provisions shall be subject to a fine of not more than $100.

Spectrum: Strong Partisan Bill (Democrat 33-2)

Status: (Introduced - Dead) 2016-06-14 - reported referred to rules [A01982 Detail]

Download: New_York-2015-A01982-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                         1982--A
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                    January 13, 2015
                                       ___________
        Introduced  by  M. of A. WEPRIN, ZEBROWSKI, CAHILL, JAFFEE, GALEF, STECK
          -- Multi-Sponsored by -- M. of A. ABINANTI, ARROYO, AUBRY, BRAUNSTEIN,
          COOK, CRESPO, CUSICK, DenDEKKER, DINOWITZ, ENGLEBRIGHT, FARRELL, GOTT-
          FRIED, HEVESI, HOOPER, KAVANAGH,  LAVINE,  MAGNARELLI,  MARKEY,  McDO-
          NOUGH,  McKEVITT,  MILLER,  MOSLEY,  ORTIZ,  PAULIN,  PERRY,  PRETLOW,
          RIVERA, ROBINSON, TITUS -- read once and referred to the Committee  on
          Health  --  recommitted  to the Committee on Health in accordance with
          Assembly Rule 3, sec. 2 -- 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 restricting  areas
          where smoking is permitted
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 1399-o of the  public  health  law  is  amended  by
     2  adding a new subdivision 5 to read as follows:
     3    5.  a. Smoking shall not be permitted and no person shall smoke within
     4  private passenger cars, private  passenger  vans  or  private  passenger
     5  trucks  where  a minor under fourteen years of age is a passenger in any
     6  such vehicles.
     7    b. A person who holds a lighted cigar, cigarette, pipe  or  any  other
     8  matter  or substance which contains tobacco or any other plant or matter
     9  that can be smoked to, or in the  immediate  proximity  of  his  or  her
    10  mouth, while in such vehicle is presumed to be engaging in smoking with-
    11  in  the  meaning  of  this  section. The presumption established by this
    12  paragraph is rebuttable by evidence showing  that  the  person  was  not
    13  smoking  a  lighted  cigar, cigarette, pipe or other matter or substance
    14  which contains tobacco or any other plant or matter that can be smoked.
    15    § 2. Subdivision 1 of section 1399-q of  the  public  health  law,  as
    16  amended  by  chapter  13  of  the  laws  of  2003, is amended to read as
    17  follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04950-02-6
        A. 1982--A                          2
     1    1. Private homes, private residences and private automobiles except as
     2  provided in subdivision five of section thirteen  hundred  ninety-nine-o
     3  of this article;
     4    §  3. Section 1399-v of the public health law, as added by chapter 244
     5  of the laws of 1989, is amended to read as follows:
     6    § 1399-v. Penalties. 1. The commissioner may impose  a  civil  penalty
     7  for  a  violation  of  this  article in an amount not to exceed that set
     8  forth in subdivision one of section twelve of this  chapter.  Any  other
     9  enforcement  officer  may impose a civil penalty for a violation of this
    10  article in an amount not to exceed that set forth in paragraph  [f]  (f)
    11  of subdivision one of section three hundred nine of this chapter.
    12    2.  Notwithstanding  the provisions of subdivision one of this section
    13  any person who violates the provisions of subdivision  five  of  section
    14  thirteen  hundred  ninety-nine-o  of  this article shall be liable for a
    15  civil penalty of not more than one hundred dollars to be imposed by  any
    16  enforcement  officer in accordance with section thirteen hundred ninety-
    17  nine-t of this article.
    18    § 4. This act shall take effect on the one hundred twentieth day after
    19  it shall have become a law.