S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5038
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced by M. of A. PAULIN -- 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 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.  Paragraph  (b) of subdivision 1 of section 1399-q of the public
 health law, as added by chapter 92 of the laws of 2021,  is  amended  to
 read as follows:
   (b)  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  378
 of the laws of 2022, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06206-01-3
              

 A. 5038                             2
 
 article  in  an  amount not to exceed that set forth in paragraph (f) of
 subdivision one of section three hundred nine of this chapter.  Notwith-
 standing  the  foregoing  provisions,  a  violation of the provisions of
 section  thirteen  hundred  ninety-nine-o-two  of  this article shall be
 punishable by a civil penalty of fifty dollars for each violation.
   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.