senate Bill S3155A

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

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation 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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 03, 2016 print number 3155a
Jun 03, 2016 amend (t) and recommit to transportation
Jan 06, 2016 referred to transportation
Feb 03, 2015 referred to transportation

Co-Sponsors

S3155 (ACTIVE) - Details

See Assembly Version of this Bill:
A1982
Current Committee:
Senate Transportation
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: S5206, A622
2017-2018: S5209, S6069, S7074, A5096
2019-2020: S2657, A3962

S3155 (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.

S3155 (ACTIVE) - Sponsor Memo

S3155 (ACTIVE) - Bill Text download pdf

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

                                  3155

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 3, 2015
                               ___________

Introduced by Sens. STAVISKY, KRUEGER -- read twice and ordered printed,
  and when printed to be committed to the Committee on Transportation

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

S3155A (ACTIVE) - Details

See Assembly Version of this Bill:
A1982
Current Committee:
Senate Transportation
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: S5206, A622
2017-2018: S5209, S6069, S7074, A5096
2019-2020: S2657, A3962

S3155A (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.

S3155A (ACTIVE) - Sponsor Memo

S3155A (ACTIVE) - Bill Text download pdf

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

                                 3155--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 3, 2015
                               ___________

Introduced by Sens. STAVISKY, KRUEGER -- read twice and ordered printed,
  and when printed to be committed to the Committee on Transportation --
  recommitted  to  the  Committee  on  Transportation in accordance with
  Senate Rule 6, sec. 8 -- 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:
  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04950-03-6

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