Brief Description: Prohibiting smoking in vehicles containing children.

Sponsors: Representatives Schual-Berke, Hunt, Appleton, Roberts, Kenney, Seaquist, Eddy, Williams and Dunn.

Hearing Date: 1/21/08

Staff: David Munnecke (786-7315).

Background:

An estimated 45.3 million people smoke cigarettes in the United States, according to the Centers for Disease Control and Prevention (CDC). The CDC has labeled cigarette smoking the leading preventable cause of death in the United States, accounting for approximately one out of every five deaths in the United States each year, or approximately 438,000 people.

In 2005, Washington voters passed Initiative 901, which expanded a ban on smoking in public places to include schools, bars, taverns, bowling allies, casinos, reception areas, at least 75 percent of the sleeping quarters in hotels and motels, and places of employment. The initiative also banned smoking within 25 feet of entrances, exits, open windows, and ventilation intakes of enclosed areas where smoking was prohibited.

In 2007, Arkansas and Louisiana passed laws prohibiting motorists from smoking in cars with children up to ages six and 13, respectively. Beginning January 1 of this year, California made it a secondary infraction punishable by a fine of $100 dollars to smoke a pipe, cigar, or cigarette in a motor vehicle in which a minor is present.

Summary of Bill:

Any person who smokes a pipe, cigar, or cigarette in a motor vehicle in which there are passengers under the age of 18 is guilty of a traffic infraction.

Enforcement of this act may only be accomplished as a secondary action when the driver has been detained for another suspected violation. Infractions that result from this act will not become part of the driver's record nor will information regarding the infraction be available to insurance companies or employers.

Appropriation: None.

Fiscal Note: Requested on 1/18/08.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.