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House File 2093 - IntroducedA Bill ForAn Act 1relating to smoking in a motor vehicle with a child
2present and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 321.276A Smoking in a motor vehicle
2— child present — penalty.
31. For purposes of this section:
4a. “Alternative nicotine product” means the same as defined
5in section 453A.1.
6b. “Child” means a person under eighteen years of age.
7c. “Cigarette” means the same as defined in section 453A.1.
8d. “Narcotic drug” means the same as defined in section
9124.101.
10e. “Smoke” or “smoking” means to inhale, exhale, burn, or
11carry any lighted or heated cigar, cigarette, pipe, hookah,
12or other lighted or heated tobacco product, plant product,
13weed, plant, regulated narcotic drug, or any other combustible
14substance including marijuana whether natural or synthetic
15in any manner or in any form. “Smoke” or “smoking” includes
16the use of a vapor product, alternative nicotine product, or
17electronic smoking device that creates an aerosol or vapor
18in any manner or in any form. “Smoke” or “smoking” does not
19include smoking that is associated with a recognized religious
20ceremony, ritual, or activity, including but not limited to
21burning of incense.
22f. “Tobacco product” means the same as defined in section
23453A.1.
24g. “Vapor product” means the same as defined in section
25453A.1.
262. A person shall not smoke in a motor vehicle if a child is
27present in the motor vehicle.
283. a. A peace officer shall not stop or detain a person
29solely for a suspected violation of this section. This section
30is enforceable by a peace officer only as a secondary action
31when the driver of a motor vehicle has been stopped or detained
32for a suspected violation of another provision of this chapter,
33a local ordinance equivalent to a provision of this chapter,
34or other law.
35b. A violation of this section shall not be considered a
-1-1moving violation for purposes of this chapter or rules adopted
2pursuant to this chapter.
34. A person convicted of a violation of this section is
4guilty of a simple misdemeanor punishable as a scheduled
5violation under section 805.8A, subsection 14, paragraph “m”.
65. The department, in cooperation with the department of
7public safety, shall establish educational programs to foster
8compliance with the requirements of this section.
9 Sec. 2. Section 805.8A, subsection 14, Code 2020, is amended
10by adding the following new paragraph:
11 NEW PARAGRAPH. m. Smoking — child present. For violations
12under section 321.276A, the scheduled fine is two hundred
13dollars. Notwithstanding any provision to the contrary, fines
14collected under this paragraph “m” shall be remitted to the
15treasurer of state and credited to the department of public
16health for the purposes of the tobacco use prevention and
17control initiative as provided in chapter 142A.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to smoking in a motor vehicle with a child
22present. The bill prohibits a person from smoking in a motor
23vehicle if a person under 18 years of age is present in the
24motor vehicle. The bill provides that a peace officer shall
25not stop or detain a person solely for a suspected violation
26of the bill, but rather that a peace officer may only enforce
27the bill as a secondary action when the driver of a motor
28vehicle has been stopped or detained for a suspected violation
29of another provision of Code chapter 321 (motor vehicles and
30law of the road), a local ordinance equivalent to a provision
31of Code chapter 321, or other law. A violation of the bill
32shall not be considered a moving violation. The bill requires
33the department of transportation and the department of public
34safety to establish educational programs to foster compliance
35with the requirements of the bill.
-2- 1A person convicted of a violation of the bill is guilty of a
2simple misdemeanor punishable as a scheduled violation, and the
3scheduled fine is $200. Fines collected are to be remitted to
4the treasurer of state and credited to the department of public
5health for the purposes of the tobacco use prevention and
6control initiative as provided in Code chapter 142A (tobacco
7use prevention and control).
-3-pf/rh
2present and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 321.276A Smoking in a motor vehicle
2— child present — penalty.
31. For purposes of this section:
4a. “Alternative nicotine product” means the same as defined
5in section 453A.1.
6b. “Child” means a person under eighteen years of age.
7c. “Cigarette” means the same as defined in section 453A.1.
8d. “Narcotic drug” means the same as defined in section
9124.101.
10e. “Smoke” or “smoking” means to inhale, exhale, burn, or
11carry any lighted or heated cigar, cigarette, pipe, hookah,
12or other lighted or heated tobacco product, plant product,
13weed, plant, regulated narcotic drug, or any other combustible
14substance including marijuana whether natural or synthetic
15in any manner or in any form. “Smoke” or “smoking” includes
16the use of a vapor product, alternative nicotine product, or
17electronic smoking device that creates an aerosol or vapor
18in any manner or in any form. “Smoke” or “smoking” does not
19include smoking that is associated with a recognized religious
20ceremony, ritual, or activity, including but not limited to
21burning of incense.
22f. “Tobacco product” means the same as defined in section
23453A.1.
24g. “Vapor product” means the same as defined in section
25453A.1.
262. A person shall not smoke in a motor vehicle if a child is
27present in the motor vehicle.
283. a. A peace officer shall not stop or detain a person
29solely for a suspected violation of this section. This section
30is enforceable by a peace officer only as a secondary action
31when the driver of a motor vehicle has been stopped or detained
32for a suspected violation of another provision of this chapter,
33a local ordinance equivalent to a provision of this chapter,
34or other law.
35b. A violation of this section shall not be considered a
-1-1moving violation for purposes of this chapter or rules adopted
2pursuant to this chapter.
34. A person convicted of a violation of this section is
4guilty of a simple misdemeanor punishable as a scheduled
5violation under section 805.8A, subsection 14, paragraph “m”.
65. The department, in cooperation with the department of
7public safety, shall establish educational programs to foster
8compliance with the requirements of this section.
9 Sec. 2. Section 805.8A, subsection 14, Code 2020, is amended
10by adding the following new paragraph:
11 NEW PARAGRAPH. m. Smoking — child present. For violations
12under section 321.276A, the scheduled fine is two hundred
13dollars. Notwithstanding any provision to the contrary, fines
14collected under this paragraph “m” shall be remitted to the
15treasurer of state and credited to the department of public
16health for the purposes of the tobacco use prevention and
17control initiative as provided in chapter 142A.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to smoking in a motor vehicle with a child
22present. The bill prohibits a person from smoking in a motor
23vehicle if a person under 18 years of age is present in the
24motor vehicle. The bill provides that a peace officer shall
25not stop or detain a person solely for a suspected violation
26of the bill, but rather that a peace officer may only enforce
27the bill as a secondary action when the driver of a motor
28vehicle has been stopped or detained for a suspected violation
29of another provision of Code chapter 321 (motor vehicles and
30law of the road), a local ordinance equivalent to a provision
31of Code chapter 321, or other law. A violation of the bill
32shall not be considered a moving violation. The bill requires
33the department of transportation and the department of public
34safety to establish educational programs to foster compliance
35with the requirements of the bill.
-2- 1A person convicted of a violation of the bill is guilty of a
2simple misdemeanor punishable as a scheduled violation, and the
3scheduled fine is $200. Fines collected are to be remitted to
4the treasurer of state and credited to the department of public
5health for the purposes of the tobacco use prevention and
6control initiative as provided in Code chapter 142A (tobacco
7use prevention and control).
-3-pf/rh