S.B. 43

1

SMOKING BAN IN VEHICLE WHEN A CHILD
2 IS PRESENT
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Scott D. McCoy
6 House Sponsor: Paul Ray
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Motor Vehicles Code by amending provisions related to smoking
11 in a vehicle when a child is present.
12 Highlighted Provisions:
13 This bill:
14 . prohibits a person from smoking in a vehicle if a child that is less than five years of
15 age is restrained or is required to be restrained in a child restraint device in the
16 vehicle;
17 . provides that violating the smoking prohibition is an infraction and has a maximum
18 fine of $45;
19 . provides that the court may suspend the fine for a violation if the person proves that
20 the person has enrolled in a smoking cessation program;
21 . provides that enforcement for the smoking prohibition shall be only as a secondary
22 action; and
23 . makes technical changes.
24 Monies Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None

28 Utah Code Sections Affected:
29 ENACTS:
30 41-6a-1715, Utah Code Annotated 1953
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 41-6a-1715 is enacted to read:
34 41-6a-1715. Smoking in vehicle prohibited when child is present.
35 (1) As used in this section, "smoking" has the same meaning as defined in Section
36 26-38-2 .
37 (2) Smoking is prohibited in all motor vehicles in which a child who is less than five
38 years of age is restrained or is required to be restrained in a child restraint device secured to the
39 vehicle in accordance with Section 41-6a-1803 .
40 (3) A person who violates this section is guilty of an infraction and is subject to a
41 maximum fine of $45.
42 (4) The court may suspend the fine for a violation of this section if:
43 (a) the person has not previously been convicted of a violation of this section; and
44 (b) the person proves to the court that the person has enrolled in a smoking cessation
45 program.
46 (5) Enforcement of this section by a state or local law enforcement officer shall be only
47 as a secondary action when the vehicle has been detained for a suspected violation by any
48 person in the vehicle of Title 41, Motor Vehicles, other than this section, or for another offense.




Legislative Review Note
as of 12-13-06 9:07 AM

Office of Legislative Research and General Counsel