House File 2093 - Introduced HOUSE FILE 2093 BY LOHSE A BILL FOR An Act relating to smoking in a motor vehicle with a child 1 present and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5282YH (7) 88 pf/rh

H.F. 2093 Section 1. NEW SECTION . 321.276A Smoking in a motor vehicle 1 —— child present —— penalty. 2 1. For purposes of this section: 3 a. “Alternative nicotine product” means the same as defined 4 in section 453A.1. 5 b. “Child” means a person under eighteen years of age. 6 c. “Cigarette” means the same as defined in section 453A.1. 7 d. “Narcotic drug” means the same as defined in section 8 124.101. 9 e. “Smoke” or “smoking” means to inhale, exhale, burn, or 10 carry any lighted or heated cigar, cigarette, pipe, hookah, 11 or other lighted or heated tobacco product, plant product, 12 weed, plant, regulated narcotic drug, or any other combustible 13 substance including marijuana whether natural or synthetic 14 in any manner or in any form. “Smoke” or “smoking” includes 15 the use of a vapor product, alternative nicotine product, or 16 electronic smoking device that creates an aerosol or vapor 17 in any manner or in any form. “Smoke” or “smoking” does not 18 include smoking that is associated with a recognized religious 19 ceremony, ritual, or activity, including but not limited to 20 burning of incense. 21 f. “Tobacco product” means the same as defined in section 22 453A.1. 23 g. “Vapor product” means the same as defined in section 24 453A.1. 25 2. A person shall not smoke in a motor vehicle if a child is 26 present in the motor vehicle. 27 3. a. A peace officer shall not stop or detain a person 28 solely for a suspected violation of this section. This section 29 is enforceable by a peace officer only as a secondary action 30 when the driver of a motor vehicle has been stopped or detained 31 for a suspected violation of another provision of this chapter, 32 a local ordinance equivalent to a provision of this chapter, 33 or other law. 34 b. A violation of this section shall not be considered a 35 -1- LSB 5282YH (7) 88 pf/rh 1/ 3

H.F. 2093 moving violation for purposes of this chapter or rules adopted 1 pursuant to this chapter. 2 4. A person convicted of a violation of this section is 3 guilty of a simple misdemeanor punishable as a scheduled 4 violation under section 805.8A, subsection 14, paragraph “m” . 5 5. The department, in cooperation with the department of 6 public safety, shall establish educational programs to foster 7 compliance with the requirements of this section. 8 Sec. 2. Section 805.8A, subsection 14, Code 2020, is amended 9 by adding the following new paragraph: 10 NEW PARAGRAPH . m. Smoking —— child present. For violations 11 under section 321.276A, the scheduled fine is two hundred 12 dollars. Notwithstanding any provision to the contrary, fines 13 collected under this paragraph “m” shall be remitted to the 14 treasurer of state and credited to the department of public 15 health for the purposes of the tobacco use prevention and 16 control initiative as provided in chapter 142A. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill relates to smoking in a motor vehicle with a child 21 present. The bill prohibits a person from smoking in a motor 22 vehicle if a person under 18 years of age is present in the 23 motor vehicle. The bill provides that a peace officer shall 24 not stop or detain a person solely for a suspected violation 25 of the bill, but rather that a peace officer may only enforce 26 the bill as a secondary action when the driver of a motor 27 vehicle has been stopped or detained for a suspected violation 28 of another provision of Code chapter 321 (motor vehicles and 29 law of the road), a local ordinance equivalent to a provision 30 of Code chapter 321, or other law. A violation of the bill 31 shall not be considered a moving violation. The bill requires 32 the department of transportation and the department of public 33 safety to establish educational programs to foster compliance 34 with the requirements of the bill. 35 -2- LSB 5282YH (7) 88 pf/rh 2/ 3

H.F. 2093 A person convicted of a violation of the bill is guilty of a 1 simple misdemeanor punishable as a scheduled violation, and the 2 scheduled fine is $200. Fines collected are to be remitted to 3 the treasurer of state and credited to the department of public 4 health for the purposes of the tobacco use prevention and 5 control initiative as provided in Code chapter 142A (tobacco 6 use prevention and control). 7 -3- LSB 5282YH (7) 88 pf/rh 3/ 3