A 337: Prohibits smoking tobacco in motor vehicles where a minor less than 18 years of age is a passenger in such vehicle; provides for rebuttable presumption.

  
  STATE OF NEW YORK ________________________________________________________________________ 337 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. PAULIN -- read once and referred to the Committee on Health AN ACT to amend the vehicle and traffic law, in relation to prohibiting smoking tobacco in motor vehicles where a minor is a passenger The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The vehicle and traffic law is amended by adding a new 2 section 1229-e to read as follows: 3 § 1229-e. Smoking in motor vehicles. 1. Smoking in a motor vehicle 4 located upon a public highway or right-of-way public highway where a 5 minor under eighteen years of age is a passenger is prohibited. Any 6 operator or passenger twenty-one years of age or older violating this 7 section shall be guilty of a traffic infraction. 8 2. A person who holds a lighted cigar, cigarette, pipe or any other 9 matter or substance which contains tobacco to, or in the immediate prox- 10 imity of their mouth, while in such vehicle is presumed to be engaging 11 in smoking within the meaning of this section. The presumption estab- 12 lished by this subdivision is rebuttable by evidence showing that the 13 person was not smoking a lighted cigar, cigarette, pipe or other matter 14 or substance which contains tobacco. 15 3. For purposes of this section "smoking" means the burning of a 16 lighted cigar, cigarette, pipe or any other matter or substance which 17 contains tobacco. 18 § 2. This act shall take effect on the one hundred twentieth day after 19 it shall have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00611-01-5