First Substitute H.B. 89

This document includes House Committee Amendments incorporated into the bill on Thu, Mar 3, 2011 at 4:42 PM by lerror. -->

Representative Patrice M. Arent proposes the following substitute bill:

1 PROTECTION OF CHILDREN RIDING IN MOTOR
2 VEHICLES
3 2011 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Patrice M. Arent
6 Senate Sponsor: John L. Valentine
7 Cosponsors:
8 Joel K. Briscoe
9 Derek E. Brown
10 Melvin R. Brown
11 Rebecca Chavez-Houck
12 Jack R. DraxlerRebecca P. Edwards
Brian S. King
Kay L. McIff
Ronda Rudd Menlove
Carol Spackman Moss
Lee B. PerryDixon M. Pitcher
Marie H. Poulson
Kraig Powell
Paul Ray
Evan J. Vickers 13
14 LONG TITLE
15 General Description:
16 This bill modifies the Motor Vehicles Code by enacting a restriction on smoking in a
17 motor vehicle when a child is present.
18 Highlighted Provisions:
19 This bill:
20 . defines smoking;
21 . prohibits a person from smoking in a vehicle if a child who is 15 years of age or
22 younger is a passenger in the vehicle;
23 . provides that violating the smoking prohibition is an infraction and has a maximum
24 fine of $45;
25 . provides that until July 1, 2012, a peace officer may not issue a citation to an
26 individual for a violation of this section but shall issue the individual a warning

27 informing the individual that smoking is prohibited in a motor vehicle if a child who is 15
28 years of age or younger is a passenger in the vehicle H. [ . ] ;
28a . provides that if a peace officer issues a warning or a citation for a violation, the peace
28b officer shall provide the individual with an information pamphlet that informs the individual
28c of the dangers of secondhand smoke; .H
29 . provides that a court may suspend the fine for a violation if the person proves that
30 the person has enrolled in a smoking cessation program;
31 . provides that enforcement of the smoking prohibition shall be only as a secondary
32 action;
33 . provides that a violation of the smoking prohibition may not be used as a basis for
34 or evidence of child abuse or neglect; and
35 . provides that the prohibition of smoking in a vehicle when a child is present is
36 repealed July 1, 2016.
37 Money Appropriated in this Bill:
38 None
39 Other Special Clauses:
40 None
41 Utah Code Sections Affected:
42 AMENDS:
43 63I-1-241, as last amended by Laws of Utah 2010, Chapter 319
44 ENACTS:
45 41-6a-1717, Utah Code Annotated 1953
46
47 Be it enacted by the Legislature of the state of Utah:
48 Section 1. Section 41-6a-1717 is enacted to read:
49 41-6a-1717. Smoking in a vehicle prohibited when child is present -- Penalty --
50 Enforcement.
51 (1) As used in this section, "smoking" has the same meaning as defined in Section
52 26-38-2 .
53 (2) Smoking is prohibited in a motor vehicle if a child who is 15 years of age or
54 younger is a passenger in the vehicle.
55 (3) A person who violates this section is guilty of an infraction and is subject to a
56 maximum fine of $45.
57 (4) H. (a) .H Until July 1, 2012, a peace officer may not issue a citation to an individual
57a for a

58 violation of this section but shall issue the individual a warning informing the individual that
59 smoking is prohibited in a motor vehicle if a child who is 15 years of age or younger is a
60 passenger in the vehicle.
60a H. (b) If a peace officer issues a warning or a citation for a violation of this section, the peace
60b officer shall provide the individual with an information pamphlet that informs the individual
60c of the dangers of secondhand smoke.
60d (c) A peace officer is not subject to a penalty for failing to provide an information
60e pamphlet to an individual under Subsection (4)(b).
60f (d) No public funds may be spent in preparing or producing the information pamphlets
60g described in Subsection (4)(b). .H
61 (5) The court may suspend the fine for a violation of this section if:
62 (a) the person has not previously been convicted of a violation of this section; and
63 (b) the person proves to the court that the person has enrolled in a smoking cessation
64 program.
65 (6) Enforcement of this section by a state or local law enforcement officer shall be only
66 as a secondary action when the vehicle has been detained for a suspected violation by any
67 person in the vehicle of Title 41, Motor Vehicles, other than this section, or for another offense.
68 (7) A violation of this section may not be used as a basis for or evidence of child abuse
69 or neglect.
70 Section 2. Section 63I-1-241 is amended to read:
71 63I-1-241. Repeal dates, Title 41.
72 Section 41-6a-1717 is repealed July 1, 2016.