Idaho H 437: MOTOR VEHICLES – Adds to existing law to prohibit smoking or vaping in a motor vehicle when a minor is present.

Bill Text

LEGISLATURE OF THE STATE OF IDAHO
Sixty-fifth Legislature Second Regular Session - 2020
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 437
BY HEALTH AND WELFARE COMMITTEE
AN ACT1
RELATING TO MOTOR VEHICLES; AMENDING CHAPTER 6, TITLE 49, IDAHO CODE, BY THE2
ADDITION OF A NEW SECTION 49-675, IDAHO CODE, TO PROHIBIT SMOKING OR VA-3
PING IN A MOTOR VEHICLE WITH A MINOR PRESENT, TO PROVIDE THAT ENFORCE-4
MENT OF THIS SECTION MAY BE ACCOMPLISHED ONLY AS A SECONDARY ACTION, TO5
PROVIDE A PENALTY, TO PROVIDE THAT CONVICTION UNDER THIS SECTION SHALL6
NOT RESULT IN VIOLATION POINT COUNTS OR BE CONSIDERED A MOVING TRAFFIC7
VIOLATION, AND TO DEFINE TERMS.8
Be It Enacted by the Legislature of the State of Idaho:9
SECTION 1. That Chapter 6, Title 49, Idaho Code, be, and the same is10
hereby amended by the addition thereto of a NEW SECTION, to be known and des-11
ignated as Section 49-675, Idaho Code, and to read as follows:12
49-675. SMOKING OR VAPING IN MOTOR VEHICLE WITH MINOR PRESENT. (1) If a13
person under the age of eighteen (18) years is present in a motor vehicle, no14
operator of or passenger in the vehicle shall smoke or vape.15
(2) Enforcement of this section by law enforcement officers may be ac-16
complished only as a secondary action when the operator of the motor vehicle17
has been detained for a suspected violation of another law.18
(3) A person issued a citation pursuant to this section shall be subject19
to a fine of seventy-five dollars ($75.00). A conviction under this section20
shall not result in violation point counts as prescribed in section 49-326,21
Idaho Code, nor shall such a conviction be deemed a moving traffic violation22
for the purpose of establishing rates of motor vehicle insurance charged by a23
casualty insurer.24
(4) For purposes of this section:25
(a) "Smoke" means to inhale and exhale the fumes of a tobacco product or26
another drug; and27
(b) "Vape" means to inhale vapor through the mouth from a device that28
heats up and vaporizes a liquid or solid.29