SP0313
LD 1081
Session - 129th Maine Legislature
C "A", Filing Number S-425, Sponsored by
LR 516
Item 2
Bill Tracking, Additional Documents Chamber Status

Amend the bill by striking out the title and substituting the following:

‘An Act Regarding Smoking in Vehicles When a Minor Is Present’

Amend the bill by striking out everything after the enacting clause and inserting the following:

Sec. 1. 29-A MRSA §2120,  as enacted by PL 2017, c. 165, §9, is amended to read:

§ 2120. Smoking in vehicles when minor under 16 years of age is present

1. Definition.   As used in this section, unless the context otherwise indicates, "smoking" means inhaling, exhaling, burning or carrying a lighted cigarette, cigar, pipe, weed, plant, regulated narcotic or other combustible substance.
2. Prohibition.   Smoking is prohibited in a motor vehicle by the operator or a passenger when a person who has not attained 16 years of age minor is present in that motor vehicle, regardless of whether the motor vehicle's windows are open.
3. Prohibition on inspection or search.   A motor vehicle, the contents of the motor vehicle or the operator or a passenger in the motor vehicle may not be inspected or searched solely because of a violation of this section.
4. Penalty.   A person who violates subsection 2 commits a traffic infraction for which a fine of $50 must be adjudged.’

Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.

summary

This amendment changes the title of and replaces the bill. Under the motor vehicle laws, smoking in a motor vehicle by the operator or a passenger is prohibited when a person who has not attained 16 years of age is present in the motor vehicle. The amendment amends that prohibition to provide that smoking in a motor vehicle by the operator or a passenger is prohibited when a minor is present in the motor vehicle. Under the motor vehicle laws, “minor” is defined as a person who has not attained 18 years of age.


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