HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE HEALTH COMMITTEE SUBSTITUTE FOR

HOUSE BILL 148

52nd legislature - STATE OF NEW MEXICO - first session, 2015

AN ACT

RELATING TO MOTOR VEHICLES; ENACTING A SECTION OF THE MOTOR VEHICLE CODE TO PROHIBIT SMOKING IN ANY MOTOR VEHICLE WHEN A MINOR IS PRESENT; ESTABLISHING PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Motor Vehicle Code is enacted to read:

     "[NEW MATERIAL] SMOKING PROHIBITED--VEHICLE WHERE MINOR PRESENT.--

          A. It is unlawful for a person to smoke in any motor vehicle when a minor is present in the vehicle.

          B. A person who violates this section is guilty of a misdemeanor and:

                (1) upon a first conviction, shall pay a fine of one hundred dollars ($100), which the court shall waive if the person completes a smoking cessation course:

                     (a) either in person or through a web site;

                     (b) chosen from a list of smoking cessation courses that the court has approved; and

                     (c) within a time frame that the court specifies; and

                (2) upon a second or subsequent conviction, shall be fined one hundred dollars ($100) per offense.

          C. As used in this section:

                (1) "electronic smoking device" means any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person for smoking through inhalation of vapor or aerosol from the product. "Electronic smoking device" includes any such device, whether manufactured, distributed, marketed or sold as an "e-cigarette", "e-cigar", "e-pipe", "e-hookah" or "vape pen" or under any other product name or descriptor;

                (2) "minor" means an individual who is under eighteen years of age;

                (3) "motor vehicle" means a self-propelled device in, upon or by which any person or property is transported upon land; and

                (4) "smoking" means:

                     (a) inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette or pipe or any other lighted or heated tobacco or plant product intended for inhalation, including a hookah or marijuana, whether natural or synthetic, in any manner or in any form;

                     (b) using an electronic smoking device that creates an aerosol or vapor, in any manner or form; or

                     (c) using any oral smoking device for the purpose of circumventing the prohibition of smoking established pursuant to this section."

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