S.F. 2028 Section 1. NEW SECTION . 321.276A Smoking in a motor vehicle 1 —— child present —— penalty. 2 1. For purposes of this section: 3 a. “Child” means a person under fourteen years of age. 4 b. “Smoke” or “smoking” means the same as defined in section 5 142D.2. 6 2. A person shall not smoke in a motor vehicle if a child is 7 present in the motor vehicle. 8 3. A violation of this section shall not be considered a 9 moving violation for purposes of this chapter or rules adopted 10 pursuant to this chapter. 11 4. A person convicted of a violation of this section is 12 guilty of a simple misdemeanor punishable as a scheduled 13 violation under section 805.8A, subsection 14, paragraph “m” . 14 5. The department, in cooperation with the department of 15 public safety, shall establish educational programs to foster 16 compliance with the requirements of this section. 17 Sec. 2. Section 805.8A, subsection 14, Code 2020, is amended 18 by adding the following new paragraph: 19 NEW PARAGRAPH . m. Smoking in a motor vehicle —— child 20 present. For violations under section 321.276A, the scheduled 21 fine is seventy-five dollars. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to smoking in a motor vehicle with a child 26 present. The bill prohibits a person from smoking in a motor 27 vehicle if a person under 14 years of age is present in the 28 motor vehicle. A violation of the bill shall not be considered 29 a moving violation. A person convicted of a violation of 30 the bill is guilty of a simple misdemeanor punishable as a 31 scheduled violation, and the scheduled fine is $75. The bill 32 requires the department of transportation and the department 33 of public safety to establish educational programs to foster 34 compliance with the requirements of the bill. 35 -1- LSB 5777XS (4) 88 pf/rh 1/ 1