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Assembly Bill A7285

2011-2012 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 - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2011-A7285 - Details

Current Committee:
Assembly Codes
Law Section:
Public Health Law
Laws Affected:
Amd §§1399-o, 1399-q & 1399-v, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6714
2013-2014: A622
2015-2016: A1982
2017-2018: A5096
2019-2020: A3962

2011-A7285 - 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.

2011-A7285 - Bill Text download pdf 

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

                                  7285

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 27, 2011
                               ___________

Introduced  by  M.  of  A.  WEPRIN,  GOTTFRIED, DINOWITZ, FARRELL, MENG,
  GALEF, JACOBS, LAVINE, CLARK, CUSICK, CAHILL, ARROYO, JAFFEE,  MARKEY,
  CASTRO,  ROBINSON,  HOYT, HOOPER, ORTIZ -- Multi-Sponsored by -- M. of
  A. AUBRY, BROOK-KRASNY, CALHOUN, COOK, CRESPO, DenDEKKER, ENGLEBRIGHT,
  GABRYSZAK, GIBSON, HEVESI, KAVANAGH, KELLNER, KOLB, LANCMAN, MAGNAREL-
  LI, MAISEL, McDONOUGH, McKEVITT, J. MILLER, M. MILLER, 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. 7285                             2

co-Sponsors

multi-Sponsors

2011-A7285A - Details

Current Committee:
Assembly Codes
Law Section:
Public Health Law
Laws Affected:
Amd §§1399-o, 1399-q & 1399-v, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6714
2013-2014: A622
2015-2016: A1982
2017-2018: A5096
2019-2020: A3962

2011-A7285A - 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.

2011-A7285A - Bill Text download pdf 

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

                                 7285--A
                                                           R. R. 337

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 27, 2011
                               ___________

Introduced  by  M.  of  A.  WEPRIN,  GOTTFRIED, DINOWITZ, FARRELL, MENG,
  GALEF, JACOBS, LAVINE, CLARK, CUSICK, CAHILL, ARROYO, JAFFEE,  MARKEY,
  CASTRO,  ROBINSON, HOYT, HOOPER, ORTIZ, P. RIVERA, ABINANTI, CAMARA --
  Multi-Sponsored by -- M. of A.  AUBRY,  BROOK-KRASNY,  CALHOUN,  COOK,
  CRESPO,  DenDEKKER,  ENGLEBRIGHT, GABRYSZAK, GIBSON, HEVESI, KAVANAGH,
  KELLNER, LANCMAN, MAGNARELLI, MAISEL, McDONOUGH, McKEVITT,  J. MILLER,
  M. MILLER,  MILLMAN,  PAULIN,  PERRY, PRETLOW, N. RIVERA, SCARBOROUGH,
  SCHROEDER, SPANO, SWEENEY, TITONE, TITUS, TOBACCO, WEISENBERG, ZEBROW-
  SKI -- read once and referred to the Committee on Health -- amended on
  the special order of third  reading,  ordered  reprinted  as  amended,
  retaining its place on the special order of third reading

AN  ACT  to amend the public health law and the vehicle and traffic 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.

co-Sponsors

multi-Sponsors

2011-A7285B (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Public Health Law
Laws Affected:
Amd §§1399-o, 1399-q & 1399-v, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6714
2013-2014: A622
2015-2016: A1982
2017-2018: A5096
2019-2020: A3962

2011-A7285B (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.

2011-A7285B (ACTIVE) - Bill Text download pdf 

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

                                 7285--B
                                                           R. R. 337

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 27, 2011
                               ___________

Introduced  by  M.  of  A.  WEPRIN,  GOTTFRIED, DINOWITZ, FARRELL, MENG,
  GALEF, JACOBS, LAVINE, CLARK, CUSICK, CAHILL, ARROYO, JAFFEE,  MARKEY,
  CASTRO,  ROBINSON, HOYT, HOOPER, ORTIZ, P. RIVERA, ABINANTI, CAMARA --
  Multi-Sponsored by -- M. of A.  AUBRY,  BROOK-KRASNY,  CALHOUN,  COOK,
  CRESPO,  DenDEKKER,  ENGLEBRIGHT, GABRYSZAK, GIBSON, HEVESI, KAVANAGH,
  KELLNER, LANCMAN, MAGNARELLI, MAISEL, McDONOUGH, McKEVITT,  J. MILLER,
  M. MILLER,  MILLMAN,  PAULIN,  PERRY, PRETLOW, N. RIVERA, SCARBOROUGH,
  SCHROEDER, SPANO, SWEENEY, TITONE, TITUS, TOBACCO, WEISENBERG, ZEBROW-
  SKI -- read once and referred to the Committee on Health -- amended on
  the special order of third  reading,  ordered  reprinted  as  amended,
  retaining  its  place  on  the special order of third reading -- again
  amended on special order of third reading, ordered reprinted,  retain-
  ing its place on the special order of third reading

AN  ACT to amend the vehicle and traffic 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.    The  vehicle and traffic law is amended by adding a new
section 1229-e to read as follows:
  S 1229-E. PROHIBITION ON SMOKING IN VEHICLES WHILE CHILDREN ARE  PRES-
ENT.  1. IT SHALL BE UNLAWFUL FOR ANY PERSON TO SMOKE IN A VEHICLE WHERE
A MINOR UNDER FOURTEEN YEARS OF AGE IS A PASSENGER IN SUCH VEHICLE.
  2. 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
SUBDIVISION 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08590-08-1

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