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.

[CSM]

"Food is necessary to sustain life."

Wrong! Nourishment is necessary to sustain life. You can get nourishment from a slushy substance and drink it through a straw, perferences and taste buds be damned! Oh, and it should be provided by the government feeding houses, that way we can ensure it is acceptable by the majority's health standards!

[gridlock]

Please prove that tobacco is addictive!

That's not really my primary point. If it's not addictive, that's fine.

My primary point is that we are currently in a condition where the government is both regulating and promoting tobacco. The result is a slow loss of the right to smoke and an increase in the government doing what governments love to do best, insinuating itself into areas which are none of the government's concern.

Since we are not ever going to go back to the days of unregulated tobacco, I maintain that it is best to kill this beast quickly before it does any more damage.

[Great Dane]

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. The fact that this is legal today is an historical anomoly that should be corrected forthwith.

Are we to assume you would like to abolish booze as well.??

[N3WBI3]

yea those beeds are not looking so bad now..

[SheLion]

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. :)

You've got THAT right! I never would have known about Roll Your Own if it wasn't for the people in FR! I sure have saved on the taxes over the past three years!

[Great Dane]

Food is necessary to sustain life. Tobacco is necessary to..

Sure food is a necessity, but obesity is not....... it's from a bad habit of overeating.

[SheLion]

people should be free to be stupid.

just don't hurt anyone else in the process.

Kiss my rear end, your pompous judgemental slew!

[Chad Fairbanks]

Well, I'm not one of the peaceful Seneca - I'm one of the war-mongering kick-butt and take names Mohawks ;0)

It IS a fascinating region, with an awesome history :0) Thanks for the links!

[Doe Eyes]

I'm not a smoker and honestly I can't stand to be around it, but this goes too far. How can you pass a law stating that you can't smoke in your car, hell lets go all the way and just make smoking illegal.

I'd be happy if all leaf smokers were treated the same.

[honeygrl]

The post you replied to wasn't even to you from that person... was it one of the deleted posts?

[Chad Fairbanks]

Well, I'm not one of the peaceful Seneca - I'm one of the war-mongering kick-butt and take names Mohawks ;0)

It IS a fascinating region, with an awesome history :0) Thanks for the links!

[CSM]

She, From his/her/its profile page:

"I find I don't disagree with Liberals....."

Hope that explains a ton.

Grid, A lot can be insinuated when taken out of context, eh! Research the facts before you begin to spout "facts"!

[CSM]

"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?"

Hey Grid, do you even think before you type? What do you think about SALT?

[gridlock]

Sure food is a necessity, but obesity is not....... it's from a bad habit of overeating.

OK. My point with regards to tobacco and food is that it is quite possible, and IMHO inevitable, that tobacco will be banned in the US within our lifetimes. I don't think it is possible that the same will be true of food.

The only question, to me, is how much damage will be done to our personal freedoms before tobacco is finally eliminated? Eventually, we will lose the freedom to possess, produce and profit from tobacco, but today we are losing the freedom to do a whole variety of things in a whole variety of situations, while inviting ever greater levels of government intrusion into our private lives. Meanwhile the government still subsidizes and promotes tobacco. I would suggest that the current situation is far more dangerous to liberty than the eventual ban.

[CSM]

"Well, since in this country all mass marketed tobacco is doctored tobacco..."

Grid, you really should get off of this thread, the knowledge posessed by Flurry's/GabZ's/Shelion's pinky toe regarding this subject is about twice what you wish you could posess.

Ever hear of "all natural, additive free" cigs? Ever hear of "Native" or "American Spirits", how about the tobacco used for "roll your own"?

[Great Dane]

Too bad that bar didn't invest in the big smoke eaters. Then EVERYONE could have been happy and his cash register would still be ringing.

She, I don't think that would satisfy the anti's, as I haven't seen a smoky restaurant in the last 20-25 years.

[EGPWS]

To hell with peoples freedom, we gotta make money.

Mmm, perhaps making money is also an addiction? Trying to make money, could lead to frustration and hence lead one to an even stronger addiction to mask their frustrations, this could lead one to live an unhappy life and in doing so have a major phcycological effect on one's children. Dam$ it! now that I have given it some thought,the persuit to make money should be banned!

Oh, wait a minute it already is through, government taxation and wealth redistribution.

[honeygrl]

People can get addicted to anything, including food.

Caffiene is addictive and is found in food and drinks. You can become obese from drinking too much soda because it has a high sugar content. Same goes for chocolate candy bars. Chocolate has caffiene in it too. Should we ban chocolate and soda since being obese is dangerous to your health?

Many people think carbohydrates are addictive as well. (i don't know the science involved in that though) Should foods containing the bad carbs be banned? It's for the children you know.

[CSM]

"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."

Paying taxes has become progressively inconvenient. I guess I should quit that too. Why should my activities be legislated based on the convenience of society?

[gathersnomoss]

Remember Waco? That same party has no problem with burning children. How anyone could support these people is beyond me.