senate Bill S3191B

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

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A6714 - Passed Assembly


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 30, 2010 3rd reading cal.1355
substituted for s3191b
Jun 30, 2010 substituted by a6714b
ordered to third reading cal.1355
committee discharged and committed to rules
Jun 22, 2010 print number 3191b
Jun 22, 2010 amend and recommit to health
Apr 22, 2010 print number 3191a
Apr 22, 2010 amend and recommit to health
Jan 06, 2010 referred to health
Mar 12, 2009 referred to health

Votes

view votes

Jun 30, 2010 - Rules committee Vote

S3191B
14
1
committee
14
Aye
1
Nay
8
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

S3191 (ACTIVE) - Details

See Assembly Version of this Bill:
A6714
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: S3082, A4942, A7285
2013-2014: S472, A622
2015-2016: A1982
2017-2018: A5096
2019-2020: A3962

S3191 (ACTIVE) - Summary

Prohibits smoking in private passenger cars, vans and trucks where minors less than 14 years of age are passengers in such vehicles; provides for rebuttable presumption; provides that violations of such provisions shall be subject to fine of not more than $100.

S3191 (ACTIVE) - Sponsor Memo

S3191 (ACTIVE) - Bill Text download pdf

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

                                  3191

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 12, 2009
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed 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

S3191A (ACTIVE) - Details

See Assembly Version of this Bill:
A6714
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: S3082, A4942, A7285
2013-2014: S472, A622
2015-2016: A1982
2017-2018: A5096
2019-2020: A3962

S3191A (ACTIVE) - Summary

Prohibits smoking in private passenger cars, vans and trucks where minors less than 14 years of age are passengers in such vehicles; provides for rebuttable presumption; provides that violations of such provisions shall be subject to fine of not more than $100.

S3191A (ACTIVE) - Sponsor Memo

S3191A (ACTIVE) - Bill Text download pdf

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

                                 3191--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 12, 2009
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health --  recommitted  to
  the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
  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.
  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05486-05-0

Co-Sponsors

S3191B (ACTIVE) - Details

See Assembly Version of this Bill:
A6714
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: S3082, A4942, A7285
2013-2014: S472, A622
2015-2016: A1982
2017-2018: A5096
2019-2020: A3962

S3191B (ACTIVE) - Summary

Prohibits smoking in private passenger cars, vans and trucks where minors less than 14 years of age are passengers in such vehicles; provides for rebuttable presumption; provides that violations of such provisions shall be subject to fine of not more than $100.

S3191B (ACTIVE) - Sponsor Memo

S3191B (ACTIVE) - Bill Text download pdf

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

                                 3191--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 12, 2009
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health --  recommitted  to
  the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said committee -- 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 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
SMOKING A LIGHTED CIGAR, CIGARETTE, PIPE OR OTHER  MATTER  OR  SUBSTANCE
WHICH CONTAINS TOBACCO OR ANY OTHER PLANT OR MATTER THAT CAN BE SMOKED.
  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05486-07-0

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.