senate Bill S3082B

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 Senate Committee Health Committee


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to health
Jun 21, 2011 print number 3082b
Jun 21, 2011 amend (t) and recommit to health
Jun 17, 2011 print number 3082a
Jun 17, 2011 amend (t) and recommit to health
Feb 08, 2011 referred to health

S3082 - Details

See Assembly Version of this Bill:
A7285
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §1229-e, V & T L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3191, A6714
2013-2014: S472, A622
2015-2016: A1982
2017-2018: A5096
2019-2020: A3962

S3082 - 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.

S3082 - Sponsor Memo

S3082 - Bill Text download pdf

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

                                  3082

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

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.  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:
  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

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

S3082A - Details

See Assembly Version of this Bill:
A7285
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §1229-e, V & T L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3191, A6714
2013-2014: S472, A622
2015-2016: A1982
2017-2018: A5096
2019-2020: A3962

S3082A - 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.

S3082A - Sponsor Memo

S3082A - Bill Text download pdf

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

                                 3082--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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:
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08590-03-1

S3082B (ACTIVE) - Details

See Assembly Version of this Bill:
A7285
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §1229-e, V & T L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3191, A6714
2013-2014: S472, A622
2015-2016: A1982
2017-2018: A5096
2019-2020: A3962

S3082B (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.

S3082B (ACTIVE) - Sponsor Memo

S3082B (ACTIVE) - Bill Text download pdf

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

                                 3082--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  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 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.
  3.    A  VIOLATION  OF  THIS SECTION SHALL BE A TRAFFIC INFRACTION AND
SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08590-09-1

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