BILL NO A07285B
SAME AS SAME AS S03082-B
SPONSOR Weprin (MS)
COSPNSR Gottfried, Dinowitz, Farrell, Meng, Galef, Jacobs, Lavine, Clark,
Cusick, Cahill, Arroyo, Jaffee, Markey, Castro, Robinson, Hooper,
Ortiz, Rivera P, Abinanti, Camara, Englebright
MLTSPNSR Aubry, Brook-Krasny, Calhoun, Cook, Crespo, DenDekker, Gabryszak,
Gibson, Hevesi, Kavanagh, Kellner, Lancman, Magnarelli, Maisel,
McDonough, McEneny, McKevitt, Miller J, Miller M, Millman, Paulin,
Perry, Pretlow, Rivera N, Scarborough, Sweeney, Titone, Titus,
Tobacco, Weisenberg, Zebrowski
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.
BILL NO A07285B
04/27/2011 referred to health
05/24/2011 reported referred to codes
06/13/2011 reported referred to rules
06/16/2011 reported
06/16/2011 rules report cal.337
06/16/2011 ordered to third reading rules cal.337
06/17/2011 amended on third reading (t) 7285a
06/20/2011 amended on third reading (t) 7285b
01/04/2012 referred to health
02/14/2012 reported referred to codes
S T A T E O F N E W Y O R K
________________________________________________________________________
7285--B
R. R. 337
2011-2012 Regular Sessions
I N A S S E M B L Y
April 27, 2011
___________
Introduced by M. of A. WEPRIN, GOTTFRIED, DINOWITZ, FARRELL, MENG,
GALEF, JACOBS, LAVINE, CLARK, CUSICK, CAHILL, ARROYO, JAFFEE, MARKEY,
CASTRO, ROBINSON, HOYT, HOOPER, ORTIZ, P. RIVERA, ABINANTI, CAMARA --
Multi-Sponsored by -- M. of A. AUBRY, BROOK-KRASNY, CALHOUN, COOK,
CRESPO, DenDEKKER, ENGLEBRIGHT, GABRYSZAK, GIBSON, HEVESI, KAVANAGH,
KELLNER, LANCMAN, MAGNARELLI, MAISEL, McDONOUGH, McKEVITT, J. MILLER,
M. MILLER, MILLMAN, PAULIN, PERRY, PRETLOW, N. RIVERA, SCARBOROUGH,
SCHROEDER, SPANO, SWEENEY, TITONE, TITUS, TOBACCO, WEISENBERG, ZEBROW-
SKI -- read once and referred to the Committee on Health -- amended on
the special order of third reading, ordered reprinted as amended,
retaining its place on the special order of third reading -- again
amended on special order of third reading, ordered reprinted, retain-
ing its place on the special order of third reading
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 S 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08590-08-1
A. 7285--B 2
1 3. A VIOLATION OF THIS SECTION SHALL BE A TRAFFIC INFRACTION AND
2 SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS.
3 S 2. This act shall take effect on the one hundred twentieth day after
4 it shall have become a law.
