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A03962 Summary:

BILL NOA03962
 
SAME ASSAME AS S02657
 
SPONSORWeprin (MS)
 
COSPNSRZebrowski, Cahill, Jaffee, Galef, Solages
 
MLTSPNSRAbinanti, Arroyo, Aubry, Braunstein, Cook, Crespo, Cusick, DenDekker, Dinowitz, Englebright, Gottfried, Hevesi, Lavine, Magnarelli, McDonough, Miller MG, Mosley, Ortiz, Paulin, Perry, Pretlow, Rivera, Titus
 
Amd 1399-o, 1399-q & 1399-v, Pub Health L
 
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.
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A03962 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3962
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 31, 2019
                                       ___________
 
        Introduced by M. of A. WEPRIN, ZEBROWSKI, CAHILL, JAFFEE, GALEF, SOLAGES
          -- Multi-Sponsored by -- M. of A. ABINANTI, ARROYO, AUBRY, BRAUNSTEIN,
          COOK,  CRESPO,  CUSICK,  DenDEKKER,  DINOWITZ, ENGLEBRIGHT, GOTTFRIED,
          HEVESI, LAVINE, MAGNARELLI, McDONOUGH,  M. G. MILLER,  MOSLEY,  ORTIZ,
          PAULIN, PERRY, PRETLOW, RIVERA, TITUS -- 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 7 to read as follows:
     3    7. 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 335 of the laws  of  2017,  is  amended  to  read  as
    17  follows:
    18    1. Private homes, private residences and private automobiles except as
    19  provided  in subdivision seven of section thirteen hundred ninety-nine-o
    20  of this article;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07520-01-9

        A. 3962                             2
 
     1    § 3. Section 1399-v of the public health law, as added by chapter  244
     2  of the laws of 1989, is amended to read as follows:
     3    §  1399-v.  Penalties.  1. The commissioner may impose a civil penalty
     4  for a violation of this article in an amount  not  to  exceed  that  set
     5  forth  in  subdivision  one of section twelve of this chapter. Any other
     6  enforcement officer may impose a civil penalty for a violation  of  this
     7  article  in  an amount not to exceed that set forth in paragraph [f] (f)
     8  of subdivision one of section three hundred nine of this chapter.
     9    2. Notwithstanding the provisions of subdivision one of  this  section
    10  any  person  who violates the provisions of subdivision seven of section
    11  thirteen hundred ninety-nine-o of this article shall  be  liable  for  a
    12  civil  penalty of not more than one hundred dollars to be imposed by any
    13  enforcement officer in accordance with section thirteen hundred  ninety-
    14  nine-t of this article.
    15    § 4. This act shall take effect on the one hundred twentieth day after
    16  it shall have become a law.
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