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Committee hears bill to ban smoking, e‑cigarette use in vehicles with under‑16 passengers; members question enforceability
Summary
House Bill 368 would prohibit smoking tobacco products and e‑cigarettes in a motor vehicle when a passenger under 16 is present, with a $100 secondary enforcement fine. Committee members questioned whether enforcement would be practicable and noted previous appearances of similar bills.
Representative Seth Miller introduced House Bill 368 to the Transportation Committee on April 14 as a courtesy for absent sponsor Representative Schmidt. The measure would make it unlawful for any person to smoke tobacco products or e‑cigarettes in a motor vehicle when a child under 16 is present; the penalty proposed in the bill is $100 and the offense would be secondary enforcement.
The committee noted the bill has been presented multiple prior sessions. No witnesses signed up to speak for or against the bill. Representative Sykes argued the bill advances a child‑safety public‑health objective; Representative Gorski and others raised enforcement concerns — whether police could reasonably observe smoking in a moving vehicle and whether secondary enforcement would be effective.
Representative Sykes said the bill had student support in past years and emphasized second‑hand smoke risks for children who cannot control the behavior of adults in cars. Representative Saint Clair and other members questioned whether secondary enforcement would create grounds for stops based on suspected smoking, and whether parental behavior can be legislated.
With no public testimony either way, the committee closed the public hearing; no immediate committee vote was taken during the hearing.
