H.B. 284

1

SMOKING BAN IN MOTOR VEHICLE
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: F. Jay Seegmiller
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Vehicles Code by enacting a restriction on smoking in a
10 motor vehicle when a child is present.
11 Highlighted Provisions:
12 This bill:
13 . prohibits a person from smoking in a motor vehicle if a child who is younger than
14 eight years of age is restrained or is required to be restrained in a child restraint
15 device in the motor vehicle;
16 . provides that violating the smoking prohibition is an infraction and has a maximum
17 fine of $45;
18 . provides that a court may suspend the fine for a violation if the person proves that
19 the person has enrolled in a smoking cessation program;
20 . provides that enforcement of the smoking prohibition shall be only as a secondary
21 action; and
22 . provides that a violation of the smoking prohibition may not be used as a basis for
23 or evidence of child abuse or neglect.
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 a 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 younger than eight years
39 of 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.
50 (6) A violation of this section may not be used as a basis for or evidence of child abuse
51 or neglect as defined in Section 62A-4a-402 .




Legislative Review Note
as of 1-12-09 6:58 AM

Office of Legislative Research and General Counsel