Bill Text: NY A04942 | 2011-2012 | General Assembly | Introduced
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: Moderate Partisan Bill (Democrat 47-9)
Status: (Introduced - Dead) 2011-04-20 - enacting clause stricken [A04942 Detail]
Download: New_York-2011-A04942-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4942
2011-2012 Regular Sessions
I N A S S E M B L Y
February 9, 2011
___________
Introduced by M. of A. MAYERSOHN, GOTTFRIED, FARRELL, MENG, DINOWITZ,
GALEF, JACOBS, LAVINE, CLARK, WEPRIN, CUSICK, CAHILL, ARROYO, JAFFEE,
MARKEY, CASTRO, ROBINSON, HOYT, HOOPER, ORTIZ -- Multi-Sponsored by --
M. of A. AUBRY, BROOK-KRASNY, CALHOUN, COOK, CRESPO, DenDEKKER, ENGLE-
BRIGHT, GABRYSZAK, GIBSON, HEVESI, JEFFRIES, KAVANAGH, KELLNER, KOLB,
LANCMAN, MAGNARELLI, MAISEL, McDONOUGH, McKEVITT, J. MILLER, M. MILL-
ER, PAULIN, PERRY, PRETLOW, RAIA, N. RIVERA, SCARBOROUGH, SCHROEDER,
SPANO, SWEENEY, TITONE, TITUS, TOBACCO, WEISENBERG, ZEBROWSKI -- read
once and referred to the Committee on Health
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 19 to read as follows:
3 19. A. PRIVATE PASSENGER CARS, PRIVATE PASSENGER VANS OR PRIVATE
4 PASSENGER TRUCKS WHERE A MINOR UNDER FOURTEEN YEARS OF AGE IS A PASSEN-
5 GER IN ANY SUCH VEHICLES.
6 B. 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 PARAGRAPH 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 S 2. Subdivision 1 of section 1399-q of the public health law, as
15 amended by chapter 13 of the laws of 2003, is amended to read as
16 follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08590-01-1
A. 4942 2
1 1. Private homes, private residences and private automobiles EXCEPT AS
2 PROVIDED IN SUBDIVISION NINETEEN OF SECTION THIRTEEN HUNDRED
3 NINETY-NINE-O OF THIS ARTICLE;
4 S 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 S 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 NINETEEN OF
14 SECTION THIRTEEN HUNDRED NINETY-NINE-O OF THIS ARTICLE SHALL BE LIABLE
15 FOR A CIVIL PENALTY OF NOT MORE THAN ONE HUNDRED DOLLARS TO BE IMPOSED
16 BY ANY ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION THIRTEEN HUNDRED
17 NINETY-NINE-T OF THIS ARTICLE.
18 S 4. This act shall take effect on the one hundred twentieth day after
19 it shall have become a law.
