H-0552.2                  _______________________________________________

                                                      HOUSE BILL 1114

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Representatives King, Valle, Dellwo, Campbell, Franklin, Brough, J. Kohl, Appelwick and Quall

Read first time 1/14/93.  Referred to Committee on Health Care.

Prohibiting smoking in motor vehicles when children are passengers.

          AN ACT Relating to the health of child motor vehicle passengers exposed to secondhand smoke; adding a new section to chapter 46.61 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 46.61 RCW to read as follows:

          (1) No person may smoke any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment within a motor vehicle if the motor vehicle contains any passengers under the age of sixteen years.

          (2) A person violating this section shall be issued a notice of traffic infraction under chapter 46.63 RCW.  A finding that a person has committed a traffic infraction under this section shall be contained in the driver's abstract but shall not be available to insurance companies or employers.

          (3) Failure to comply with the requirements of this section does not constitute negligence per se.

          (4) Enforcement of this section by law enforcement officers may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of Title 46 RCW or an equivalent local ordinance or some other offense.

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