senate Bill S5209

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Health 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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to health
Mar 16, 2017 referred to health

S5209 (ACTIVE) - Details

See Assembly Version of this Bill:
A5096
Current Committee:
Senate Health
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
2015-2016: S3135, S3155, A1982
2019-2020: S2657, A3962

S5209 (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.

S5209 (ACTIVE) - Sponsor Memo

S5209 (ACTIVE) - Bill Text download pdf


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

                                  5209

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             March 16, 2017
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed 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;
  §  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

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

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