Bill Text: NY S03155 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-06-03 - PRINT NUMBER 3155A [S03155 Detail]

Download: New_York-2015-S03155-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3155
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 3, 2015
                                      ___________
       Introduced by Sens. STAVISKY, KRUEGER -- read twice and ordered printed,
         and when printed to be committed to the Committee on Transportation
       AN  ACT to amend the vehicle and traffic 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.    The  vehicle and traffic law is amended by adding a new
    2  section 1229-e to read as follows:
    3    S 1229-E. PROHIBITION ON SMOKING IN VEHICLES WHILE CHILDREN ARE  PRES-
    4  ENT.  1. IT SHALL BE UNLAWFUL FOR ANY PERSON TO SMOKE IN A VEHICLE WHERE
    5  A MINOR UNDER FOURTEEN YEARS OF AGE IS A PASSENGER IN SUCH VEHICLE.
    6    2. A PERSON WHO HOLDS A LIGHTED CIGAR, CIGARETTE, PIPE  OR  ANY  OTHER
    7  MATTER  OR SUBSTANCE WHICH CONTAINS TOBACCO OR ANY OTHER PLANT OR MATTER
    8  THAT CAN BE SMOKED TO, OR IN THE  IMMEDIATE  PROXIMITY  OF  HIS  OR  HER
    9  MOUTH, WHILE IN SUCH VEHICLE IS PRESUMED TO BE ENGAGING IN SMOKING WITH-
   10  IN  THE  MEANING  OF  THIS  SECTION. THE PRESUMPTION ESTABLISHED BY THIS
   11  SUBDIVISION IS REBUTTABLE BY EVIDENCE SHOWING THAT THE  PERSON  WAS  NOT
   12  SMOKING  A  LIGHTED  CIGAR, CIGARETTE, PIPE OR OTHER MATTER OR SUBSTANCE
   13  WHICH CONTAINS TOBACCO OR ANY OTHER PLANT OR MATTER THAT CAN BE SMOKED.
   14    3.  A VIOLATION OF THIS SECTION SHALL  BE  A  TRAFFIC  INFRACTION  AND
   15  SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS.
   16    S 2. This act shall take effect on the one hundred twentieth day after
   17  it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04950-01-5