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.
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