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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A622
SPONSOR: Weprin (MS) TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to restricting areas where smoking is permitted
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to
prohibit smoking in private passenger automobiles where minors less than
14 years of age are passengers in such vehicles.
SUMMARY OF SPECIFIC PROVISIONS: Section 1: A new section, 1229-e
Prohibition on smoking in vehicles when children are present, is added
to the VAT law. Prohibiting
§1 Prohibits smoking in a private passenger car, private passenger van
or private passenger truck where minors under fourteen years of age are
passengers in such vehicle.
Paragraph two establishes the definition of smoking and sets forth a
rebuttable presumption of smoking for purposes of this.
Paragraph three states a violation of this section shall be a traffic.
infraction punishable by a fine not more than $100.
§2. Effective Date of this law shall be on the one hundred twentieth day
after it shall have become law.
JUSTIFICATION: The harmful effect secondhand smoke (SHS) can have on
people, especially children, has been well documented. The EPA estimates
that secondhand smoke causes up to 62,000 deaths each year among nons-
mokers in the United States, including 3,000 deaths due to lung cancer
alone.
Secondhand tobacco smoke (SHS) is a major preventable contributor to
acute and chronic adverse health outcomes that affect children dispro-
portionately. An estimated 200,000 children nationwide develop lower
respiratory infections each year as a result of exposure to secondhand
smoke, with approximately 15,000 of these children hospitalized due to
their infections. And, exposure to secondhand smoke is a primary cause
of asthma.
In 2006, the U.S. Surgeon General issued.a report, "The Health Conse-
quences of Involuntary Exposure to Tobacco Smoke," saying that SHS is a
serious health hazard that can lead to disease and premature death in
children. The report details that even brief exposure to SHS has immedi-
ate, adverse effects on the cardiovascular system and that because the
bodies of infants and children are still developing; they are especially
vulnerable to the poisons in SHS.
That same year, the American Journal of Preventive Medicine reported the
results of a Harvard School of Public Health study on SHS in automo-
biles. The study simulated children's exposure to secondhand smoke in a
motor vehicle by measuring carbon dioxide and respirable suspended
particles (RSP) under actual driving conditions. The researchers deter-
mined that the levels of RSP detected were deemed unsafe, particularly
for children. Their conclusion was that private passenger cars are a
domestic environment with the potential to yield unsafe Levels of SHS
contaminants.
Smoking is prohibited in many public places such as airplanes, shopping
malls, restaurants, bars, and a whole range of facilities and spaces
serving child age populations. The dangers secondhand smoke can pose to
a child in an enclosed area like a private passenger vehicle are severe.
We Currently provide protections for both children and drivers by
mandating the use of car seats and seatbelts in private automobiles.
This bill is an extension of those protections by providing children
clean air to breathe.
The $100 penalty imposed for violation of this ban is justified by the
significant, well documented negative health impact on those children
forcibly exposed to SHS in automobiles.
California, Maine, Louisiana, and Arkansas have enacted comparable
legislation. In New York State on the local level, Rockland County has
already enacted a ban on smoking in cars with children up to the age of
18. At least 15 other states and the District of.Columbia have similar
legislation pending. At Present, on a related front, seven states have
enacted legislation prohibiting smoking in cars that axe transporting
foster children.
PRIOR LEGISLATIVE HISTORY: 1997-1998 (A. 8847- reported from Health;,
referred to Codes), 1999-2000 (A3590 - reported from Health; referred to
Codes referred to Codes/S5061- referred to Health), 2001-2002
(A.773-reported from Health; referred to Codes/S.1233- referred to.
Health), 2003-2004 (A.56- reported from Health; referred to Codes;
amended & recommitted to Codes/S.189) 2005-06 (A.175- reported from
Health; referred to Codes), 2005-2006 (A175- reported from. Health;
referred to Codes) 2007-2008 (A256- reported from Health; Third Reading
Calendar e742; committed to Codes) 2009-10 (A.6714-B - Passed
Assembly/S.3191-B - Third Reading Calendar #1355). 2011 (A4942 Referred
to Health).
04/27/11 referred to health
05/24/11 reported referred to codes
06/13/11 reported referred to rules
06/16/11 reported
06/16/11 rules report cal. 337
06/16/11 ordered to third reading rules cal. 337
06/17/11 amended on third reading (t) 7285a
06/20/11 amended on third reading (t) 7285b
01/04/12 referred to health
02/14/12 reported referred to codes
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect on the one hundred twenti-
eth day after it shall have become law.
STATE OF NEW YORK
________________________________________________________________________
622
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
Introduced by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. ABINAN-
TI, ARROYO, AUBRY, BROOK-KRASNY, CAHILL, CAMARA, CASTRO, CLARK, COOK,
CRESPO, CUSICK, DenDEKKER, DINOWITZ, ENGLEBRIGHT, FARRELL, GABRYSZAK,
GALEF, GIBSON, GOTTFRIED, HEVESI, HOOPER, JACOBS, JAFFEE, KAVANAGH,
KELLNER, LAVINE, MAGNARELLI, MAISEL, MARKEY, McDONOUGH, McKEVITT,
MILLER, MILLMAN, ORTIZ, PAULIN, PERRY, PRETLOW, RIVERA, ROBINSON,
SCARBOROUGH, SWEENEY, TITONE, TITUS, WEISENBERG, ZEBROWSKI -- read
once and referred to the Committee on Health
AN ACT to amend the vehicle and traffic 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:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 section 1229-e to read as follows:
3 § 1229-e. Prohibition on smoking in vehicles while children are pres-
4 ent. 1. It shall be unlawful for any person to smoke in a vehicle where
5 a minor under fourteen years of age is a passenger in such vehicle.
6 2. A person who holds a lighted cigar, cigarette, pipe or any other
7 matter or substance which contains tobacco or any other plant or matter
8 that can be smoked to, or in the immediate proximity of his or her
9 mouth, while in such vehicle is presumed to be engaging in smoking with-
10 in the meaning of this section. The presumption established by this
11 subdivision is rebuttable by evidence showing that the person was not
12 smoking a lighted cigar, cigarette, pipe or other matter or substance
13 which contains tobacco or any other plant or matter that can be smoked.
14 3. A violation of this section shall be a traffic infraction and
15 shall be punishable by a fine of not more than one hundred dollars.
16 § 2. This act shall take effect on the one hundred twentieth day after
17 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03860-01-3
