S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5096
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced  by  M. of A. WEPRIN, ZEBROWSKI, CAHILL, JAFFEE, GALEF, STECK
   -- Multi-Sponsored by -- M. of A. ABINANTI, ARROYO, AUBRY, BRAUNSTEIN,
   COOK, CRESPO, CUSICK, DenDEKKER, DINOWITZ, ENGLEBRIGHT, FARRELL, GOTT-
   FRIED, HEVESI, HOOPER, KAVANAGH, LAVINE, MAGNARELLI, McDONOUGH, McKEV-
   ITT, M. G. MILLER, MOSLEY,  ORTIZ,  PAULIN,  PERRY,  PRETLOW,  RIVERA,
   TITUS -- 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:
 
   Section  1.  Section  1399-o  of  the  public health law is amended by
 adding a new subdivision 5 to read as follows:
   5. A. SMOKING SHALL NOT BE PERMITTED AND NO PERSON SHALL SMOKE  WITHIN
 PRIVATE  PASSENGER  CARS,  PRIVATE  PASSENGER  VANS OR PRIVATE PASSENGER
 TRUCKS WHERE A MINOR UNDER FOURTEEN YEARS OF AGE IS A PASSENGER  IN  ANY
 SUCH VEHICLES.
   B.  A  PERSON  WHO HOLDS A LIGHTED CIGAR, CIGARETTE, PIPE OR ANY OTHER
 MATTER OR SUBSTANCE WHICH CONTAINS TOBACCO OR ANY OTHER PLANT OR  MATTER
 THAT  CAN  BE  SMOKED  TO,  OR  IN THE IMMEDIATE PROXIMITY OF HIS OR HER
 MOUTH, WHILE IN SUCH VEHICLE IS PRESUMED TO BE ENGAGING IN SMOKING WITH-
 IN THE MEANING OF THIS SECTION.  THE  PRESUMPTION  ESTABLISHED  BY  THIS
 PARAGRAPH  IS  REBUTTABLE  BY  EVIDENCE  SHOWING THAT THE PERSON WAS NOT
 SMOKING A LIGHTED CIGAR, CIGARETTE, PIPE OR OTHER  MATTER  OR  SUBSTANCE
 WHICH CONTAINS TOBACCO OR ANY OTHER PLANT OR MATTER THAT CAN BE SMOKED.
   §  2.  Subdivision  1  of  section 1399-q of the public health law, as
 amended by chapter 13 of the  laws  of  2003,  is  amended  to  read  as
 follows:
   1. Private homes, private residences and private automobiles EXCEPT AS
 PROVIDED  IN  SUBDIVISION FIVE OF SECTION THIRTEEN HUNDRED NINETY-NINE-O
 OF THIS ARTICLE;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09080-01-7
              

 A. 5096                             2
 
   § 3. Section 1399-v of the public health law, as added by chapter  244
 of the laws of 1989, is amended to read as follows:
   §  1399-v.  Penalties.  1. The commissioner may impose a civil penalty
 for a violation of this article in an amount  not  to  exceed  that  set
 forth  in  subdivision  one of section twelve of this chapter. Any other
 enforcement officer may impose a civil penalty for a violation  of  this
 article  in  an amount not to exceed that set forth in paragraph [f] (F)
 of subdivision one of section three hundred nine of this chapter.
   2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF  THIS  SECTION
 ANY  PERSON  WHO  VIOLATES THE PROVISIONS OF SUBDIVISION FIVE OF SECTION
 THIRTEEN HUNDRED NINETY-NINE-O OF THIS ARTICLE SHALL  BE  LIABLE  FOR  A
 CIVIL  PENALTY OF NOT MORE THAN ONE HUNDRED DOLLARS TO BE IMPOSED BY ANY
 ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION THIRTEEN HUNDRED  NINETY-
 NINE-T OF THIS ARTICLE.
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.