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A00622 Summary:

BILL NOA00622
 
SAME ASSAME AS S00472
 
SPONSORWeprin (MS)
 
COSPNSRZebrowski, Cahill, Jaffee, Galef
 
MLTSPNSRAbinanti, 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 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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