SF 3276

as introduced - 91st Legislature (2019 - 2020) Posted on 02/18/2020 09:53am

A bill for an act
relating to motor vehicles; prohibiting smoking in passenger vehicles and public
transportation vehicles used for personal use with persons under age 18 present;
establishing a fine for violations; amending Minnesota Statutes 2018, sections
144.414, subdivision 4, by adding a subdivision; 144.4167, subdivision 3; proposing
coding for new law in Minnesota Statutes, chapter 169.

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

Section 1.

Minnesota Statutes 2018, section 144.414, subdivision 4, is amended to read:

Subd. 4.

Public transportation vehicles.

new text begin (a) new text end Smoking is prohibited in public
transportation vehicles deleted text begin except that deleted text end new text begin .
new text end

new text begin (b) Notwithstanding paragraph (a), new text end the driver of a public transportation vehicle may
smoke when the vehicle is being used for personal use new text begin , except that the driver of a public
transportation vehicle using the vehicle for personal use shall not smoke if a person under
age 18 is present in the vehicle new text end . For purposes of this subdivision, "personal use" means that
the public transportation vehicle is being used by the driver for private purposes and no
for-hire passengers are present. If a driver smokes under this subdivision, the driver must
post a conspicuous sign inside the vehicle to inform passengers.

Sec. 2.

Minnesota Statutes 2018, section 144.414, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Smoking in a passenger vehicle with a person under age 18 present. new text end

new text begin Smoking
in a passenger vehicle when a person under age 18 is present in the vehicle is governed by
section 169.477.
new text end

Sec. 3.

Minnesota Statutes 2018, section 144.4167, subdivision 3, is amended to read:

Subd. 3.

Private places.

Except as provided in section 144.414, subdivision 2, nothing
in sections 144.411 to 144.417 prohibits smoking in:

(1) private homes deleted text begin , deleted text end new text begin or new text end private residences deleted text begin , or private automobiles when deleted text end new text begin during the period
of time in which new text end they are not in use as a place of employment, as defined in section 144.413,
subdivision 1b; deleted text begin or
deleted text end

new text begin (2) private automobiles during the period of time in which they are not in use as a place
of employment and no person under age 18 is present in the vehicle; or
new text end

deleted text begin (2) deleted text end new text begin (3) new text end a hotel or motel sleeping room rented to one or more guests.

Sec. 4.

new text begin [169.477] SMOKING WITH A PERSON UNDER AGE 18 PRESENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin (a) The definitions in this subdivision apply to this section.
new text end

new text begin (b) "Passenger vehicle" has the meaning given in section 169.686, subdivision 1a.
new text end

new text begin (c) "Smoke" means to inhale, exhale, burn, or carry any lighted or heated cigar, cigarette,
pipe, or any other lighted or heated product containing, made, or derived from nicotine,
tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation.
Smoke includes to carry or use an activated electronic delivery device, as defined in section
609.685.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition on smoking. new text end

new text begin (a) No person may smoke in a passenger vehicle if
a person under age 18 is present in the vehicle. This prohibition applies regardless of whether
the vehicle's windows are open or closed.
new text end

new text begin (b) The first time a person violates paragraph (a), the person shall not pay a fine but
shall receive a safety warning. A person who violates paragraph (a) a second or subsequent
time shall pay a fine of $100.
new text end

new text begin Subd. 3. new text end

new text begin Police officer authority to stop or search. new text end

new text begin A police officer shall not stop or
detain a passenger vehicle, search the vehicle, or search the driver or a passenger in the
vehicle solely based on a suspected violation of this section.
new text end