Assembly Bill A1982A

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

                                 1982--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2015
                               ___________

Introduced  by  M. of A. WEPRIN, ZEBROWSKI, CAHILL, JAFFEE, GALEF, STECK
  -- Multi-Sponsored by -- M. of A. ABINANTI, ARROYO, AUBRY, BRAUNSTEIN,
  COOK, CRESPO, CUSICK, DenDEKKER, DINOWITZ, ENGLEBRIGHT, FARRELL, GOTT-
  FRIED, HEVESI, HOOPER, KAVANAGH,  LAVINE,  MAGNARELLI,  MARKEY,  McDO-
  NOUGH,  McKEVITT,  MILLER,  MOSLEY,  ORTIZ,  PAULIN,  PERRY,  PRETLOW,
  RIVERA, ROBINSON, TITUS -- read once and referred to the Committee  on
  Health  --  recommitted  to the Committee on Health in accordance with
  Assembly Rule 3, sec. 2 -- reported and referred to the  Committee  on
  Codes  --  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 5 to read as follows:
  5.  A. SMOKING SHALL NOT BE PERMITTED AND NO PERSON SHALL SMOKE WITHIN
PRIVATE PASSENGER CARS, PRIVATE  PASSENGER  VANS  OR  PRIVATE  PASSENGER
TRUCKS  WHERE  A MINOR UNDER FOURTEEN YEARS OF AGE IS A PASSENGER 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.
                                                           LBD04950-02-6
              

A. 1982--A                          2

  1. Private homes, private residences and private automobiles EXCEPT AS
PROVIDED IN SUBDIVISION FIVE 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  FIVE  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.