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

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

---

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-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1982
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 13, 2015
                                      ___________
       Introduced  by  M.  of  A.  WEPRIN,  ZEBROWSKI, CAHILL, JAFFEE, GALEF --
         Multi-Sponsored by -- M.  of A. ABINANTI, ARROYO,  AUBRY,  BRAUNSTEIN,
         BROOK-KRASNY,  CAMARA,  CLARK, COOK, CRESPO, CUSICK, DenDEKKER, DINOW-
         ITZ,  ENGLEBRIGHT,  FARRELL,  GOTTFRIED,  HEVESI,  HOOPER,   KAVANAGH,
         LAVINE,  MAGNARELLI,  MARKEY,  McDONOUGH,  McKEVITT,  MILLER,  MOSLEY,
         ORTIZ, PAULIN, PERRY, PRETLOW, RIVERA, ROBINSON, SCARBOROUGH, TITUS --
         read once and referred to the Committee on Health
       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