S T A T E O F N E W Y O R K
________________________________________________________________________
2657
2019-2020 Regular Sessions
I N S E N A T E
January 28, 2019
___________
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 7 to read as follows:
7. 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 335 of the laws of 2017, is amended to read as
follows:
1. Private homes, private residences and private automobiles EXCEPT AS
PROVIDED IN SUBDIVISION SEVEN 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.
LBD07520-01-9
S. 2657 2
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 SEVEN 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.