assembly Bill A1982A

2015-2016 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

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Archive: Last Bill Status - In Assembly 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
Jun 14, 2016 reported referred to rules
Jun 01, 2016 print number 1982a
Jun 01, 2016 amend (t) and recommit to codes
May 10, 2016 reported referred to codes
Jan 06, 2016 referred to health
Jan 13, 2015 referred to health

Co-Sponsors

Multi-Sponsors

view additional multi-sponsors

A1982 - Details

See Senate Version of this Bill:
S3155
Current Committee:
Assembly Rules
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
2011-2012: A4942, A7285
2013-2014: A622, S5206
2017-2018: A5096, S5209, S6069, S7074
2019-2020: A3962, S2657

A1982 - 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.

A1982 - Bill Text download pdf

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

                                  1982

                       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 --
  Multi-Sponsored by -- M.  of A. ABINANTI, ARROYO,  AUBRY,  BRAUNSTEIN,
  BROOK-KRASNY,  CAMARA,  CLARK, COOK, CRESPO, CUSICK, DenDEKKER, DINOW-
  ITZ,  ENGLEBRIGHT,  FARRELL,  GOTTFRIED,  HEVESI,  HOOPER,   KAVANAGH,
  LAVINE,  MAGNARELLI,  MARKEY,  McDONOUGH,  McKEVITT,  MILLER,  MOSLEY,
  ORTIZ, PAULIN, PERRY, PRETLOW, RIVERA, ROBINSON, SCARBOROUGH, TITUS --
  read once and referred to the Committee on Health

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.
                                                           LBD04950-01-5

Co-Sponsors

Multi-Sponsors

view additional multi-sponsors

A1982A (ACTIVE) - Details

See Senate Version of this Bill:
S3155
Current Committee:
Assembly Rules
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
2011-2012: A4942, A7285
2013-2014: A622, S5206
2017-2018: A5096, S5209, S6069, S7074
2019-2020: A3962, S2657

A1982A (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.

A1982A (ACTIVE) - Bill Text download pdf

                    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

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