The New York State Senate

                    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

A. 5096                             2

  § 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:
  §  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.
  § 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law.