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A5096Assembly2017-2018 SessionSame asS5209

No Smoking With Kids Under 14

Official title

“Prohibits smoking in private passenger cars, vans or trucks where minors less than 14 years of age are passengers in such vehicles; penalties for violation”

Sponsor David WeprinAD-24+6 co-sponsorsAffects Legal
Status
In Assembly Committee
Codes
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill prohibits smoking in private vehicles when a child under 14 is present and establishes penalties for violations.

Why it matters

  1. Protects children from secondhand smoke exposure. in confined spaces, where the health risks—including respiratory illnesses and long-term developmental impacts—are especially severe for minors under 14.

  2. Establishes clear enforcement mechanisms and penalties,. making it more likely that the law will be followed and giving police and other enforcement officers explicit authority to issue fines up to $100 for violations.

  3. Spells out a presumption of smoking based on visible behavior. (e.g., holding a lit cigarette near the mouth), which streamlines enforcement but also allows individuals to present evidence to contest citations, balancing enforcement with due process.

  4. Represents a shift in defining private spaces. (like cars) as areas where public health regulations can apply in certain circumstances, potentially setting precedent for future legislation aimed at protecting vulnerable populations in private settings.

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Who cares

Headline styles

No Smoking With Kids Under 14

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
David Weprin

Assembly Member · Assembly District 24

Chair, Insurance

History

  1. Referred to codes
  2. Reported referred to rules
  3. Reported referred to codes
  4. Referred to health

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S5209Senate

No Smoking With Kids

In Senate Committee · Health · Sponsor Toby Ann Stavisky

Impact 6 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5096

2017-2018 Regular Sessions

IN ASSEMBLY

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 Assembly, 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 within 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 ninetynine-t of this article.

§ 4. This act shall take effect on the one hundred twentieth day after it shall have become a law.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.