NY SENATOR PROPOSES BAN ON SMOKING IN CARS

NYS Legislative Information ^

[publius1]

STATE OF NEW YORK ________________________________________________________________________

189

2003-2004 Regular Sessions

IN SENATE

(Prefiled)

January 8, 2003 ___________

Introduced by Sens. HOFFMANN, MORAHAN -- read twice and ordered printed, and when printed to be committed 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 2-a to read as follows: 3 2-a. Smoking shall not be permitted and no person shall smoke in a 4 private passenger car, private passenger van or private passenger truck 5 where minors under sixteen years of age are passengers in any such vehi- 6 cle. 7 § 2. Subdivision 1 of section 1399-q of the public health law, as 8 added by chapter 244 of the laws of 1989, is amended to read as follows: 9 1. Private homes, private residences and private automobiles except as 10 provided in subdivision two-a of section thirteen hundred ninety-nine-o 11 of this article; 12 § 3. Section 1399-v of the public health law, as added by chapter 244 13 of the laws of 1989, is amended to read as follows: 14 § 1399-v. Penalties. 1. The commissioner may impose a civil penalty 15 for a violation of this article in an amount not to exceed that set 16 forth in subdivision one of section twelve of this chapter. Any other 17 enforcement officer may impose a civil penalty for a violation of this 18 article in an amount not to exceed that set forth in paragraph [f] (f) 19 of subdivision one of section three hundred nine of this chapter. 20 2. Notwithstanding the provisions of subdivision one of this section 21 any person who violates the provisions of subdivision two-a of section 22 thirteen hundred ninety-nine-o of this article shall be liable for a 23 civil penalty of five hundred dollars for a first offense, up to an 24 amount not to exceed one thousand dollars for a second offense, and up

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02074-01-3

S. 189 2

1 to an amount not to exceed one thousand five hundred dollars and/or ten 2 days in jail for a third or subsequent violation. 3 § 4. This act shall take effect on the first of November next succeed- 4 ing the date on which it shall have become a law.

[Gabz]

To make another go of it, how would you view a chain of restaurants that intentionally added an addictive susbstance to food that was, by and large, unhealthy? Should this be permissable?

It is done and is permissible. The addictive ingredient is called ALCOHOL and the majority of restaurants use a certain amount of it in their cooking.

NEXT...................

[SheLion]

They do it all the time, and they're getting quite good at it. As for shooting you, they do that too, and nobody bats an eyelash.

Your right! A few instances come to mind.......... :(

[Madame Dufarge]

Of course, one would hope that smoking would become so inconvenient that the vast majority of addicts would quit. But we must recognize that the addict is not always rational about such things.

Such a calmly presented defense of statism.

How does one get to such a hand-licking state?

[SheLion]

To make another go of it, how would you view a chain of restaurants that intentionally added an addictive susbstance to food that was, by and large, unhealthy? Should this be permissable?

I think the fast food chains are doing it all the time. Otherwise, why are people sueing them now? Everything goes full circle. And the lawyers are lining their pockets with it all.

[longfellow]

Many of Hitlers speeches contained the phrase " for the children".

[Conspiracy Guy]

Well, since in this country all mass marketed tobacco is doctored tobacco, the sky is blue where I am and there is just a sliver of a moon tonight. Do a little research and you may find that this is a false statement.

[Gabz]

My comment regarding addiction was that addicts are often not rational about making choices, such as the choice of whether or not to smoke when smoking becomes progressively more inconvenient.

So you are saying smokers are addicts. I echo SheLion's comments - I'm not an addict and do not appreciate being called one because I smoke and the smoke-gnatzies changed the definition of the medical term addiction in order to include smokers. And the rest of the smoke-gnatzies have fallen for it.

Example being your continued insistence on calling smokers addicts.

[Gabz]

Good point.

[gridlock]

How does one get to such a hand-licking state?

Well, in this case, we have all gotten to this point by protecting from liability and subsidizing a product that is inherently dangerous, while simultaneously inviting more and more government intrusion to stamp it out.

My point, in as much as I have one, is that we should either permit tobacco or ban tobacco. To try to steer the middle course is an open invitation for greater governmental mischief.

[SheLion]

Liberals want to ban one behavior and offer legal protection for the other. Guess which is which?

Your so right!

[Vigilantcitizen]

Control is one reason for the tobacco ban. But IMHO, the black market profits are what the gubmint truly desires.

Case in point...

Back before the ban on cigs in Georgia prisons and jails, cigs could be delivered from the outside by friends or relatives.

Now, a carton of Basic brand cigs, which cost $25.00 per carton of 200 cigs on the outside, are now going for $15.00 a cig on the inside. $3,000 dollars revenue for a carton of cigs. And this is in a county jail.

You don't think those $20,000 a year jailers are making some side money, do ya?

To hell with peoples freedom, we gotta make money.

[gridlock]

The addictive ingredient is called ALCOHOL and the majority of restaurants use a certain amount of it in their cooking.

Actually, most alcohol is driven off in the cooking process. Alcohol is used in cooking primarily as a flavoring.

Of course, rum cakes are another matter altogether.

[per loin]

Free Republic would not exist without the so-called addictive substance, caffeine.

[SheLion]

All I ask for is a non-smoking area in public places. A total ban is going a bit far.

That's all the smokers want as well, AND the business owners. To be able to accomodate ALL peoples and everyone will be happy.

I totally respect your right to be in a smoke free environment, and business owners do as well. Most have invested in very expensive smoke eaters and beautiful non-smoking sections. But this is still not good enough for a lot of the lawmakers.

[savedbygrace]

You might be over-reacting, but someone needs to find these regs and see what this section currently says, and what the changes might do.

[gridlock]

So you are saying smokers are addicts. I echo SheLion's comments - I'm not an addict and do not appreciate being called one because I smoke and the smoke-gnatzies changed the definition of the medical term addiction in order to include smokers.

Do you think that regular smoking is addictive?

[SheLion]

My comment regarding addiction was that addicts are often not rational about making choices, such as the choice of whether or not to smoke when smoking becomes progressively more inconvenient.

It's ok. You must have hit a nerve. heh!

But a lot of non-smokers......anti-smokers, use that ploy against the smokers, saying we are addicted. To me, it's not an addiction. I just enjoy smoking, as hard as that might be to a lot of non-smokers. I just enjoy it. It's legal. I enjoy it!

[Publius6961]

Second hand smoke is a non issue, so far as scientific proof is concerned.
That has been nailed firmly both scientifically and legally.

So any legislation or activism based on environmental tobacco smoke (ETS) is fraudulent.
End of story.

[Gabz]

I know that most alcohol properties disi[ate during the cooking process, however, even as you point out there are some things where it doesn't and rum cake is only one of them.

It still doesn't make your analogy work, particularly since nicotine is present in the tobacco itself.

[SheLion]

Generally speaking, killing children is a bad thing. I don't want to be judgemental here or anything, but I think we can all agree on that.

Wow! That's a broad statement. How do you mean that? Child beatings.....shootings......letting under age kids drink and drive?

I started smoking at 16. I had a daughter. She grew up and has a child of her own. How did my smoking contribute to her death, when she is still alive? I don't understand your statement.