S.B. 14

1

SMOKING BAN IN MOTOR VEHICLE
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Scott D. McCoy
5 House Sponsor: Ronda Rudd Menlove
6
7 LONG TITLE
8 Committee Note:
9 The Health and Human Services Interim Committee recommended this bill.
10 General Description:
11 This bill modifies the Motor Vehicles Code by enacting a restriction on smoking in a
12 vehicle when a child is present.
13 Highlighted Provisions:
14 This bill:
15 . prohibits a person from smoking in a vehicle if a child that is less than five years of
16 age is restrained or is required to be restrained in a child restraint device in the
17 vehicle;
18 . provides that violating the smoking prohibition is an infraction and has a maximum
19 fine of $45;
20 . provides that a court may suspend the fine for a violation if the person proves that
21 the person has enrolled in a smoking cessation program; and
22 . provides that enforcement of the smoking prohibition shall be only as a secondary
23 action.
24 Monies Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None

28 Utah Code Sections Affected:
29 ENACTS:
30 41-6a-1716, Utah Code Annotated 1953
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 41-6a-1716 is enacted to read:
34 41-6a-1716. Smoking in vehicle prohibited when child is present -- Penalty --
35 Enforcement.
36 (1) As used in this section, "smoking" has the same meaning as defined in Section
37 26-38-2 .
38 (2) Smoking is prohibited in a motor vehicle if a child who is less than five years of
39 age is restrained or is required to be restrained in a child restraint device in the vehicle in
40 accordance with Section 41-6a-1803 .
41 (3) A person who violates this section is guilty of an infraction and is subject to a
42 maximum fine of $45.
43 (4) The court may suspend the fine for a violation of this section if:
44 (a) the person has not previously been convicted of a violation of this section; and
45 (b) the person proves to the court that the person has enrolled in a smoking cessation
46 program.
47 (5) Enforcement of this section by a state or local law enforcement officer shall be only
48 as a secondary action when the vehicle has been detained for a suspected violation by any
49 person in the vehicle of Title 41, Motor Vehicles, other than this section, or for another offense.




Legislative Review Note
as of 10-22-07 10:09 AM

Office of Legislative Research and General Counsel