The New York State Senate

                    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:

  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08590-01-1

A. 4942                             2

  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 NOT MORE THAN ONE HUNDRED DOLLARS TO  BE  IMPOSED
BY  ANY  ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION THIRTEEN HUNDRED
NINETY-NINE-T OF THIS ARTICLE.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law.