A00622 Summary:

BILL NO    A00622 

SAME AS    SAME AS S00472

SPONSOR    Weprin (MS)

COSPNSR    Zebrowski, Cahill, Jaffee, Galef

MLTSPNSR   Abinanti, Arroyo, Aubry, Braunstein, Brook-Krasny, Camara, Clark,
           Cook, Crespo, Cusick, DenDekker, Dinowitz, Englebright, Farrell,
           Gabryszak, Gottfried, Hevesi, Hooper, Jacobs, Kavanagh, Kellner,
           Lavine, Magnarelli, Markey, McDonough, McKevitt, Miller, Millman,
           Mosley, Ortiz, Paulin, Perry, Pretlow, Rivera, Robinson, Scarborough,
           Sweeney, Titus, Weisenberg

Add S1229-e, V & T L

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.
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A00622 Memo:

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.
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A00622 Text:



 
                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
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