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 NUMBER:A6714A REVISED 4/19/10
TITLE OF BILL: An act to amend the public health law, in relation to restricting areas where smoking is permitted
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to prohibit smoking in private passenger automobiles where minors less than 14 years of age are passengers in such vehicles.
SUMMARY OF SPECIFIC PROVISIONS: Section 1. Section 1399-o of the public health law is amended by adding a new subdivision 19.
19.a, Prohibits smoking in a private passenger car, private passenger van or private passenger truck where minors under fourteen years of age are passengers in such vehicle.
19.b sets forth a rebuttable presumption of smoking for purposes of this subdivision.
Section 2. Subdivision 1 of section 1355-q of the public health law, as amended by chapter 11 of the laws of 2003, is amended to read as follows:
1. Private homes, private residences and private automobiles except as provided in subdivision nineteen of section thirteen hundred ninetynine-o of this article.
Section 2 of the bill makes article 13-E of the Public Health Law regulation of smoking applicable to automobiles in those instances detailed in the new subdivision 19 of section 1399-o set forth above.
Section 3. Section 1399-v of the public health law, as added by chapter 244 of the laws of 1985, is amended by adding subdivision two.
2. Any person who violates this law shall be liable for a fine of not more than one hundred dollars to be imposed by any enforcement officer.
Section 4. Effective Date of this law shall be on the one hundred twentieth day after it shall have become law.
JUSTIFICATION: The harmful effect secondhand smoke (SHS) can have on people, especially children, has been well documented. The EPA estimates that secondhand smoke causes up to 62,000 deaths each year among nonsmokers in the United States, including 3,000 deaths due to lung cancer alone.
Secondhand tobacco smoke (SHS) is a major preventable contributor to acute and chronic adverse health outcomes that affect children disproportionately. An estimated 300,000 children nationwide develop lower respiratory infections each year as a result of exposure to secondhand smoke, with approximately 15,000 of these children hospitalized due to
their infections. And, exposure to secondhand smoke is a primary cause of asthma.
In 2006, the U.S. Surgeon General issued a report, "The Health Consequences of Involuntary Exposure to Tobacco Smoke," saying that SHS is a serious health hazard that can lead to disease and premature death in children. The report details that even brief exposure to SHS has immediate, adverse effects on the cardiovascular system and that because the bodies of infants and children are still developing; they are especially vulnerable to the poisons in SHS.
That same year, the American Journal of Preventive Medicine reported the results of a Harvard School of Public Health study on SHS in automobiles. The study simulated children's exposure to secondhand smoke in a motor vehicle by measuring carbon dioxide and respirable suspended particles (RSP) under actual driving conditions. The researchers determined that the levels of RSP detected were deemed unsafe, particularly for children. Their conclusion was that private passenger cars are a domestic environment with the potential to yield unsafe levels of SHS contaminants.
Smoking is prohibited in many public places such as airplanes, shopping malls, restaurants, bars, and a whole range of facilities and spaces serving child age populations. The dangers secondhand smoke can pose to a child in an enclosed area like a private passenger vehicle are severe. We Currently provide protections for both children and drivers by mandating the use of car seats and seatbelts in private automobiles. This bill is an extension of those protections by providing children clean air to breathe.
The $100 penalty imposed for violation of this ban is justified by the significant, well documented negative health impact on those children forcibly exposed to SHS in automobiles.
California, Maine, Louisiana, and Arkansas have enacted comparable legislation. In New York State on the local level, Rockland County has already enacted a ban on smoking in cars with children up to the age of 18. At least 15 other states and the District of Columbia have similar legislation pending. At present, on a related front, seven states have enacted legislation prohibiting smoking in cars that axe transporting foster children.
PRIOR LEGISLATIVE HISTORY: 1997-1998 (A. 8847- reported from Health;, referred to Codes), 1999-2000 (A3590- reported from Health; referred to Codes; referred to Codes/S5061- referred to Health), 2001-2002 (A.773-reported from Health; referred to Codes/S.1233- referred to Health), 2003-2004 (A.56- reported from Health; referred to Codes; amended & recommitted to Codes/S.189) 2005-06 (A.175- reported from Health; referred to Codes), 2005-2006 (A175- reported from Health; referred to Codes) 2007-2008 (A156- reported from Health; Third Reading Calendar #742; committed to Codes).
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 6714--A 2009-2010 Regular Sessions IN ASSEMBLY March 11, 2009 ___________Introduced by M. of A. MAYERSOHN, GOTTFRIED, FARRELL, MENG, DINOWITZ, GALEF, JACOBS, LAVINE, CLARK, D. WEPRIN, CUSICK, CAHILL, ARROYO, JAFFEE, MARKEY, CARROZZA, CASTRO, ROBINSON, SKARTADOS, HOYT -- Multi- Sponsored by -- M. of A. ALESSI, ALFANO, AUBRY, BARRA, BRODSKY, BROOK-KRASNY, CALHOUN, COOK, CORWIN, CRESPO, DenDEKKER, ENGLEBRIGHT, GABRYSZAK, GIBSON, GORDON, HEVESI, HYER-SPENCER, JEFFRIES, KAVANAGH, KELLNER, KOLB, KOON, LANCMAN, MAGNARELLI, MAISEL, McDONOUGH, McKEVITT, J. MILLER, M. MILLER, PAULIN, PRETLOW, RAIA, N. RIVERA, SCARBOROUGH, SCHROEDER, SPANO, TITONE, TOBACCO, WEISENBERG, ZEBROWSKI -- read once and referred to the Committee on Health -- recommitted to the Commit- tee on Health in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 19 to read as follows: 19. A. PRIVATE PASSENGER CARS, PRIVATE PASSENGER VANS OR PRIVATE PASSENGER TRUCKS WHERE MINORS UNDER FOURTEEN YEARS OF AGE ARE PASSENGERS 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 PERSON 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 ANY OTHER MATTER OR SUBSTANCE 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. LBD05486-04-0 A. 6714--A 2
S 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 NINETEEN OF SECTION THIRTEEN HUNDRED NINETY-NINE-O OF THIS ARTICLE; S 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: S 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 NINETEEN OF SECTION THIRTEEN HUNDRED NINETY-NINE-O OF THIS ARTICLE SHALL BE LIABLE FOR A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS TO BE IMPOSED BY ANY ENFORCEMENT OFFICER. S 4. This act shall take effect on the one hundred twentieth day after it shall have become a law.