assembly Bill A6714B

2009-2010 Legislative Session

Prohibits smoking in private passenger cars, vans or trucks where minors less than 14 years of age are passengers in such vehicles; penalties for violation

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Archive: Last Bill Status - Passed Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 30, 2010 3rd reading cal.1355
substituted for s3191b
Jun 28, 2010 referred to rules
delivered to senate
passed assembly
Jun 24, 2010 ordered to third reading rules cal.327
rules report cal.327
reported
Jun 22, 2010 amend and recommit to rules 6714b
Jun 16, 2010 reported referred to rules
May 11, 2010 reported referred to codes
Apr 23, 2010 print number 6714a
Apr 23, 2010 amend and recommit to health
Jan 06, 2010 referred to health
Mar 11, 2009 referred to health

Co-Sponsors

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Multi-Sponsors

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A6714 - Details

See Senate Version of this Bill:
S3191
Law Section:
Public Health Law
Laws Affected:
Amd §§1399-o, 1399-q & 1399-v, Pub Health L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4942, A7285, S3082
2013-2014: A622, S472
2015-2016: A1982
2017-2018: A5096
2019-2020: A3962

A6714 - Summary

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.

A6714 - Sponsor Memo

A6714 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6714

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2009
                               ___________

Introduced  by  M.  of  A.  MAYERSOHN  --  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:

  Section 1. Section 1399-o of the  public  health  law  is  amended  by
adding a new subdivision 19 to read as follows:
  19.  PRIVATE PASSENGER CARS, PRIVATE PASSENGER VANS OR PRIVATE PASSEN-
GER TRUCKS WHERE MINORS UNDER SIXTEEN YEARS OF AGE ARE PASSENGERS IN ANY
SUCH VEHICLES.
  S 2. Subdivision 1 of section 1399-q of  the  public  health  law,  as
amended  by  chapter  13  of  the  laws  of  2003, is amended to read as
follows:
  1. Private homes, private residences and private automobiles EXCEPT AS
PROVIDED  IN  SUBDIVISION   NINETEEN   OF   SECTION   THIRTEEN   HUNDRED
NINETY-NINE-O OF THIS ARTICLE;
  S  3. Section 1399-v of the public health law, as added by chapter 244
of the laws of 1989, is amended to read as follows:
  S 1399-v. Penalties. 1. The commissioner may impose  a  civil  penalty
for  a  violation  of  this  article in an amount not to exceed that set
forth in subdivision one of section twelve of this  chapter.  Any  other
enforcement  officer  may impose a civil penalty for a violation of this
article in an amount not to exceed that set forth in paragraph  [f]  (F)
of subdivision one of section three hundred nine of this chapter.
  2.  NOTWITHSTANDING  THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
ANY PERSON WHO  VIOLATES  THE  PROVISIONS  OF  SUBDIVISION  NINETEEN  OF
SECTION  THIRTEEN  HUNDRED NINETY-NINE-O OF THIS ARTICLE SHALL BE LIABLE
FOR A CIVIL PENALTY OF FIVE HUNDRED DOLLARS FOR A FIRST OFFENSE,  UP  TO
AN  AMOUNT  NOT TO EXCEED ONE THOUSAND DOLLARS FOR A SECOND OFFENSE, AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05486-01-9

Co-Sponsors

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Multi-Sponsors

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A6714A - Details

See Senate Version of this Bill:
S3191
Law Section:
Public Health Law
Laws Affected:
Amd §§1399-o, 1399-q & 1399-v, Pub Health L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4942, A7285, S3082
2013-2014: A622, S472
2015-2016: A1982
2017-2018: A5096
2019-2020: A3962

A6714A - Summary

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.

A6714A - Sponsor Memo

A6714A - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6714--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2009
                               ___________

Introduced  by  M.  of A. MAYERSOHN, GOTTFRIED, FARRELL, MENG, DINOWITZ,
  GALEF, JACOBS,  LAVINE,  CLARK,  D. WEPRIN,  CUSICK,  CAHILL,  ARROYO,
  JAFFEE,  MARKEY, CARROZZA, CASTRO, ROBINSON, SKARTADOS, HOYT -- Multi-
  Sponsored by -- M.   of A.  ALESSI,  ALFANO,  AUBRY,  BARRA,  BRODSKY,
  BROOK-KRASNY,  CALHOUN,  COOK, CORWIN, CRESPO, DenDEKKER, ENGLEBRIGHT,
  GABRYSZAK, GIBSON, GORDON, HEVESI, HYER-SPENCER,  JEFFRIES,  KAVANAGH,
  KELLNER, KOLB, KOON, LANCMAN, MAGNARELLI, MAISEL, McDONOUGH, McKEVITT,
  J. MILLER,  M. MILLER,  PAULIN, PRETLOW, RAIA, N. RIVERA, SCARBOROUGH,
  SCHROEDER, SPANO, TITONE, TOBACCO, WEISENBERG, ZEBROWSKI -- read  once
  and  referred to the Committee on Health -- recommitted to the Commit-
  tee on Health in accordance with Assembly Rule 3, sec. 2 --  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:

  Section  1.  Section  1399-o  of  the  public health law is amended by
adding a new subdivision 19 to read as follows:
  19. A. PRIVATE PASSENGER  CARS,  PRIVATE  PASSENGER  VANS  OR  PRIVATE
PASSENGER TRUCKS WHERE MINORS UNDER FOURTEEN YEARS OF AGE ARE PASSENGERS
IN ANY SUCH VEHICLES.
  B.  A  PERSON  WHO HOLDS A LIGHTED CIGAR, CIGARETTE, PIPE OR ANY OTHER
MATTER OR SUBSTANCE WHICH CONTAINS TOBACCO OR ANY OTHER PLANT OR  MATTER
THAT  CAN  BE  SMOKED  TO,  OR  IN THE IMMEDIATE PROXIMITY OF HIS OR HER
PERSON WHILE IN SUCH VEHICLE IS PRESUMED TO BE ENGAGING IN SMOKING WITH-
IN THE MEANING OF THIS SECTION.  THE  PRESUMPTION  ESTABLISHED  BY  THIS
PARAGRAPH  IS  REBUTTABLE  BY  EVIDENCE  SHOWING THAT THE PERSON WAS NOT
SMOKING A  LIGHTED  CIGAR,  CIGARETTE,  PIPE  OR  ANY  OTHER  MATTER  OR
SUBSTANCE  WHICH  CONTAINS TOBACCO OR ANY OTHER PLANT OR MATTER THAT CAN
BE SMOKED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05486-04-0

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A6714B (ACTIVE) - Details

See Senate Version of this Bill:
S3191
Law Section:
Public Health Law
Laws Affected:
Amd §§1399-o, 1399-q & 1399-v, Pub Health L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4942, A7285, S3082
2013-2014: A622, S472
2015-2016: A1982
2017-2018: A5096
2019-2020: A3962

A6714B (ACTIVE) - Summary

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.

A6714B (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6714--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2009
                               ___________

Introduced  by  M.  of A. MAYERSOHN, GOTTFRIED, FARRELL, MENG, DINOWITZ,
  GALEF, JACOBS,  LAVINE,  CLARK,  D. WEPRIN,  CUSICK,  CAHILL,  ARROYO,
  JAFFEE,  MARKEY,  CARROZZA, CASTRO, ROBINSON, SKARTADOS, HOYT, HOOPER,
  ORTIZ -- Multi-Sponsored by -- M. of A. ALESSI, ALFANO, AUBRY,  BARRA,
  BRODSKY,  BROOK-KRASNY, CALHOUN, COOK, CRESPO, DenDEKKER, ENGLEBRIGHT,
  GABRYSZAK, GIBSON, GORDON, HEVESI, HYER-SPENCER,  JEFFRIES,  KAVANAGH,
  KELLNER, KOLB, KOON, LANCMAN, MAGNARELLI, MAISEL, McDONOUGH, McKEVITT,
  J. MILLER,  M. MILLER,  PAULIN, PERRY, PRETLOW, RAIA, N. RIVERA, SCAR-
  BOROUGH, SCHROEDER, SPANO, SWEENEY, TITONE,  TITUS,  TOBACCO,  WEISEN-
  BERG,  ZEBROWSKI  -- read once and referred to the Committee on Health
  -- recommitted to the Committee on Health in accordance with  Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee -- reported and
  referred to the Committee on Codes -- reported  and  referred  to  the
  Committee  on  Rules  --  Rules  Committee  discharged,  bill amended,
  ordered reprinted as amended and recommitted to the Committee on Rules

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:

  Section 1. Section 1399-o of the  public  health  law  is  amended  by
adding a new subdivision 19 to read as follows:
  19.  A.  PRIVATE  PASSENGER  CARS,  PRIVATE  PASSENGER VANS OR PRIVATE
PASSENGER TRUCKS WHERE A MINOR UNDER FOURTEEN YEARS OF AGE IS A  PASSEN-
GER IN ANY SUCH VEHICLES.
  B.  A  PERSON  WHO HOLDS A LIGHTED CIGAR, CIGARETTE, PIPE OR ANY OTHER
MATTER OR SUBSTANCE WHICH CONTAINS TOBACCO OR ANY OTHER PLANT OR  MATTER
THAT  CAN  BE  SMOKED  TO,  OR  IN THE IMMEDIATE PROXIMITY OF HIS OR HER
MOUTH, WHILE IN SUCH VEHICLE IS PRESUMED TO BE ENGAGING IN SMOKING WITH-
IN THE MEANING OF THIS SECTION.  THE  PRESUMPTION  ESTABLISHED  BY  THIS
PARAGRAPH  IS  REBUTTABLE  BY  EVIDENCE  SHOWING THAT THE PERSON WAS NOT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05486-06-0

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