BILL REQ. #:  S-3719.1 

Read first time 01/14/08.   Referred to Committee on Health & Long-Term Care.

     AN ACT Relating to children's health; adding a new chapter to Title 70 RCW; and declaring an emergency.

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

NEW SECTION.  Sec. 1   The legislature finds that exposure to secondhand smoke is known to cause cancer in humans and that children are especially vulnerable to its harmful impacts. It is further found that the number of cases of asthma among children is rising and that secondhand smoke also contributes to the onset of lung disease. Adults who drive and smoke in motor vehicles expose children in close proximity to recognized carcinogens. In order to protect the health and safety of children, it is necessary to prohibit smoking in motor vehicles when children are present.

NEW SECTION.  Sec. 2   (1) It is unlawful for a person to smoke a pipe, cigar, or cigarette in a motor vehicle, whether in motion or at rest, in which there is a child thirteen years of age or younger.
     (2) For the purposes of this section:
     (a) "To smoke" means to have in one's immediate possession a lighted pipe, cigar, or cigarette containing tobacco or any other plant.
     (b) "Motor vehicle" has the same meaning as defined in RCW 46.04.320.
     (3) A violation of this section is a class 2 civil infraction under chapter 7.80 RCW.
     (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.
     (5) Infractions under this section shall not become part of the driver's record under RCW 46.52.101 and 46.52.120. Additionally, a finding that a person has committed a civil infraction under this section shall not be made available to insurance companies or employers.

NEW SECTION.  Sec. 3   Sections 1 and 2 of this act constitute a new chapter in Title 70 RCW.

NEW SECTION.  Sec. 4   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.