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NY SENATOR PROPOSES BAN ON SMOKING IN CARS
NYS Legislative Information ^

Posted on 09/23/2003 5:17:15 AM PDT by 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.


TOPICS: Culture/Society; Government; Miscellaneous; News/Current Events; Politics/Elections
KEYWORDS: pufflist; smokingban
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To: Gabz
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.

WAY TO GO GABZ!!!!!

121 posted on 09/23/2003 9:43:38 AM PDT by SheLion (Curiosity killed the cat BUT satisfaction brought her back!!!)
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To: SheLion
In my younger days, I smoked from time to time as well. I never became addicted, but I never smoked on a regular basis, either. I found cigarettes were useful for staying awake in the car, but I don't do so much long-distance driving anymore.

I really don't mean to offend anybody by calling them an addict. I suspect a number of people here defend smoking on the general principle of promoting freedom, regardless or whether or not they smoke.
122 posted on 09/23/2003 9:43:43 AM PDT by gridlock (All I need to know about Islam I learned on 9/11/01)
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To: per loin
This is probably true!!!!!
123 posted on 09/23/2003 9:44:58 AM PDT by Gabz (Smoke-gnatzies - small minds buzzing in your business - SWAT'EM)
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To: 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.

That's exactly what I thought he said, but I didn't want to go all the back to make sure.

I hate being called an addict. All I do is smoke cigarettes for crying out loud! Isn't it still legal???!!!

124 posted on 09/23/2003 9:45:01 AM PDT by SheLion (Curiosity killed the cat BUT satisfaction brought her back!!!)
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To: SheLion
I don't understand your statement.

I was referring to you post 98 regarding locking children in the car on a hot day.

125 posted on 09/23/2003 9:46:24 AM PDT by gridlock (All I need to know about Islam I learned on 9/11/01)
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To: gridlock
Do you think that regular smoking is addictive?

NO, I consider it to be a habituation, not an addiction.

126 posted on 09/23/2003 9:47:01 AM PDT by Gabz (Smoke-gnatzies - small minds buzzing in your business - SWAT'EM)
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To: SheLion
if you advocate gun control, you are probably posting to the wrong forum.

to me, gun control is 3" groups at 100 yards.
127 posted on 09/23/2003 9:49:37 AM PDT by bc2 (http://www.thinkforyourself.us)
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To: viligantcitizen
To hell with peoples freedom, we gotta make money.

It's all mind boggling BS.

That's why I am thankful for Free Republic where we can get the truth out there. Wake people up!

This Government intrusion over tobacco is way out of hand. And it will just open the flood gates for even GREATER control by our Government.

The general public who do not smoke are being poisoned in their minds against people who choose to smoke. When their war on the smoker didn't work, then they started their campaigns to turn the NON-smokers against us. And most of the general public take our medical profession, science and the lawmakers at their word.

But I think we are all finding out that they have another agenda they are working on.

128 posted on 09/23/2003 9:51:31 AM PDT by SheLion (Curiosity killed the cat BUT satisfaction brought her back!!!)
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To: per loin; Gabz
Free Republic would not exist without the so-called addictive substance, caffeine.

AMEN! :)

129 posted on 09/23/2003 9:52:24 AM PDT by SheLion (Curiosity killed the cat BUT satisfaction brought her back!!!)
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To: viligantcitizen; SheLion
It's more people control than prison black market sales. If all smokers stopped tomorrow two things would occur. 1. Tobacco companies that aren't diversified go out of business. Most own other interests now. SO the company survives but all tobacco jobs are lost. 2. All levels of goverment scramble to raise taxes to all to make up the shortfall.

SO the net is lost jobs and higher taxes. Anyone on this site that is for lost jobs and higher taxes needs to move their letter to DU and tithe there.
130 posted on 09/23/2003 9:54:24 AM PDT by Conspiracy Guy (Living fast is fine as long as you steer well and have good brakes.)
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To: SheLion
"That's why I am thankful for Free Republic where we can get the truth out there."

Don't I know it. On top off all the things I have learned here, some really cool people turned me on to better quality but less expensive roll your own cigs. :)

131 posted on 09/23/2003 9:55:12 AM PDT by Vigilantcitizen (Game on in ten seconds...http://www.fatcityonline.com/Video/fatcityvsdemented.WMV)
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To: Judith Anne
JA, all these kids are growing up in such a sterile environment that they will all be on meds from the second grade on and probably will never live far away from a respirator or some other crutch.
132 posted on 09/23/2003 9:56:21 AM PDT by metesky (("Brethren, leave us go amongst them." Rev. Capt. Samuel Johnston Clayton - Ward Bond- The Searchers)
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To: gridlock
I really don't mean to offend anybody by calling them an addict. I suspect a number of people here defend smoking on the general principle of promoting freedom, regardless or whether or not they smoke.

It's like the saying "If you don't smoke, then what is YOUR choose of relaxation? Alcohol or drugs?"

As long as it's legal, I will do it. I never was one to go behind the law. :)

How come the general public doesn't go after alcohol which is a proven killer and still causes so many deaths on the highway? Why is it still ok for everyone to drink?

The Liquor Companies stood up to the Government years ago, so now, the Government more or less, leaves them alone. I am sure that alcohol puts a lot of money into the U.S. budgets.

133 posted on 09/23/2003 9:56:51 AM PDT by SheLion (Curiosity killed the cat BUT satisfaction brought her back!!!)
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To: gridlock
I was referring to you post 98 regarding locking children in the car on a hot day.

And they don't make it. It makes me sick when I hear of cases like this. Can you imagine?

134 posted on 09/23/2003 9:57:48 AM PDT by SheLion (Curiosity killed the cat BUT satisfaction brought her back!!!)
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To: randita
You think Pizzaria Uno is a bar?

Bwahahahaha!

135 posted on 09/23/2003 9:58:24 AM PDT by metesky (("Brethren, leave us go amongst them." Rev. Capt. Samuel Johnston Clayton - Ward Bond- The Searchers)
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To: Gabz
NO, I consider it to be a habituation, not an addiction.

I would stipulate to that.

The only reason I was bringing up addictive agents in food was to try to make some sense out of per loins argument that the regulation of tobacco was the same thing as the regulation of obesity.

My primary point is that the half-way ban we currently have on tobacco is disasterous from the point of view of Liberty. Either we get government out of tobacco altogether, or ban tobacco as a matter of public policy. Anything in between just doesn't make any sense, and is actively destructive.

136 posted on 09/23/2003 9:59:02 AM PDT by gridlock (All I need to know about Islam I learned on 9/11/01)
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To: bc2
if you advocate gun control, you are probably posting to the wrong forum.

to me, gun control is 3" groups at 100 yards.

Whaaaaaaaat???? I am not advocating gun control! Owning guns is still legal.

I'm just saying that GUN CONTROL will be next after tobacco.

137 posted on 09/23/2003 9:59:11 AM PDT by SheLion (Curiosity killed the cat BUT satisfaction brought her back!!!)
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To: Chad Fairbanks
No, I'm not. I'm Welsh and Irish; a dirty, coal mining, potato farming, cracker!

But, I used to live south of Rochester NY, which was until (let me see if I can get these facts correct) 1687, a 20,000 strong Seneca village. There was also a Jesuit mission there from 1668 - 1683. It has been noted that the Senecas let the Algonkins use the ponds and lakes around here for fishing and lived in harmony with them.

The neighborhood I lived in was called Sibleyville, or Rochester Junction, however before that, it was Totiakton, or "In The Great Bend", of the Honeoye Creek. The area is rich in history. In fact, at this time, the Senecas controled a rather large area of the frontier, from Syracuse NY to mid-Ohio. This makes it interesting that with an area as large as that, they would have chosen this site for such a large village.

In July 1687 a French and Indian war party led by Denonville moved across the frontier and slaughtered almost all of the Senecas who lived there. They claimed Totiakton for Louis XIV. This was on my street, a half mile from my house.

There is a Seneca leader, Peter Jemison, who knows all the details of this area in relation to the Senecas and the Haudenosaunee in general. I would like to chat with this guy because I think this stuff is fascinating!

An excellent map of the Seneca land and early interaction with the French on the Seneca frontier is located at http://www.bikexprt.com/map/bwmap.htm. I'm located at "Rochster Junction" at the bottom of the map, at Totiakton 1 and Totiakton 2. The village is now called Honeoye Falls (inside the Town of Mendon).

There is some info about the Totiakton preservation project in my old neighborhood at http://www.mendonfoundationinc.org/mendonpages/sibleyville.html

sorry about the history lesson if you are not interested, but I find the history of this region fascinating.

138 posted on 09/23/2003 9:59:26 AM PDT by bc2 (http://www.thinkforyourself.us)
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To: SheLion
ok I had no idea what you meant! :)

people should be free to be stupid.

just don't hurt anyone else in the process.
139 posted on 09/23/2003 10:02:47 AM PDT by bc2 (http://www.thinkforyourself.us)
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To: gridlock
"It should not be legal to market a product that dispenses an addictive drug in a way that leads to a high rate of disease and death."

Please provide evidence that tobacco "causes" or "leads to" a high rate of disease and death!

Please prove that tobacco is addictive!

Hint: You can't, it isn't either, and you are no better than the rest of the sheeple that beleive the so called "truth.com".

By the way, it is a "fact" that Republicans only care about the rich and all their oil buddies!
140 posted on 09/23/2003 10:03:03 AM PDT by CSM ("We have been assigned to the hall of Freep. No other work is allowed" - Equality 7-2521)
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