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
________________________________________________________________________
5038
2023-2024 Regular Sessions
IN ASSEMBLY
February 27, 2023
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Health
AN ACT to amend the public health 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. Section 1399-o of the public health law is amended by
2 adding a new subdivision 7 to read as follows:
3 7. a. Smoking shall not be permitted and no person shall smoke within
4 private passenger cars, private passenger vans or private passenger
5 trucks where a minor under fourteen years of age is a passenger in any
6 such vehicles.
7 b. A person who holds a lighted cigar, cigarette, pipe or any other
8 matter or substance which contains tobacco or any other plant or matter
9 that can be smoked to, or in the immediate proximity of his or her
10 mouth, while in such vehicle is presumed to be engaging in smoking with-
11 in the meaning of this section. The presumption established by this
12 paragraph is rebuttable by evidence showing that the person was not
13 smoking a lighted cigar, cigarette, pipe or other matter or substance
14 which contains tobacco or any other plant or matter that can be smoked.
15 § 2. Paragraph (b) of subdivision 1 of section 1399-q of the public
16 health law, as added by chapter 92 of the laws of 2021, is amended to
17 read as follows:
18 (b) Private automobiles except as provided in subdivision seven of
19 section thirteen hundred ninety-nine-o of this article;
20 § 3. Section 1399-v of the public health law, as added by chapter 378
21 of the laws of 2022, is amended to read as follows:
22 § 1399-v. Penalties. 1. The commissioner may impose a civil penalty
23 for a violation of this article in an amount not to exceed that set
24 forth in subdivision one of section twelve of this chapter. Any other
25 enforcement officer may impose a civil penalty for a violation of this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06206-01-3
A. 5038 2
1 article in an amount not to exceed that set forth in paragraph (f) of
2 subdivision one of section three hundred nine of this chapter. Notwith-
3 standing the foregoing provisions, a violation of the provisions of
4 section thirteen hundred ninety-nine-o-two of this article shall be
5 punishable by a civil penalty of fifty dollars for each violation.
6 2. Notwithstanding the provisions of subdivision one of this section
7 any person who violates the provisions of subdivision seven of section
8 thirteen hundred ninety-nine-o of this article shall be liable for a
9 civil penalty of not more than one hundred dollars to be imposed by any
10 enforcement officer in accordance with section thirteen hundred ninety-
11 nine-t of this article.
12 § 4. This act shall take effect on the one hundred twentieth day after
13 it shall have become a law.
