assembly Bill A5096

2017-2018 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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Sponsored By

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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to codes
Jun 14, 2017 reported referred to rules
Jun 06, 2017 reported referred to codes
Feb 06, 2017 referred to health

Co-Sponsors

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Multi-Sponsors

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A5096 (ACTIVE) - Details

See Senate Version of this Bill:
S5209
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
2011-2012: A4942, A7285
2013-2014: A622, S5206
2015-2016: A1982, S3135, S3155
2019-2020: A3962, S2657

A5096 (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.

A5096 (ACTIVE) - Bill Text download pdf


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

                                  5096

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2017
                               ___________

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, McDONOUGH, McKEV-
  ITT, M. G. MILLER, MOSLEY,  ORTIZ,  PAULIN,  PERRY,  PRETLOW,  RIVERA,
  TITUS -- 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 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.
  §  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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09080-01-7

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