senate Bill S4211

2021-2022 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

Current 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 05, 2022 referred to health
Feb 02, 2021 referred to health

Co-Sponsors

S4211 (ACTIVE) - Details

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:
2013-2014: S5206
2015-2016: S3135, S3155
2017-2018: S5209, S6069, S7074
2019-2020: S2657

S4211 (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.

S4211 (ACTIVE) - Sponsor Memo

S4211 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4211
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced  by Sens. STAVISKY, KAMINSKY -- read twice and ordered print-
   ed, 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.

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