ban smoking of any kind in a motor vehicle with a minor present under the Minnesota Clean Air Act (MCIAA).

 

 

To ban all smoking (pipe, cigar, vape, electronic cigarette, marjuana, pot or cigarette) in a vehicle with a minor

present to ensure safety and health of minors. To be regulated by the Department of Safety and Department of Health.

 

 

Currently, Minnesota bans smoking in almost all indoor public places and places of employment under the Minnesota Clean

Air Act (MCIAA) due to the dangers of Secondhand Smoke (SHS). However, a private vehicle carrying a minor is a small,

confined space, trapping SHS at levels exceeding what the MCIAA Protects against. The concentration of toxins in the can

can be ten (10) to twenty-seven (27) times higher than in a smoker’s home, posing a direct and significant health hazard

to vulnerable minors. This addition would create an exception to the private vehicle status, recognizing that a vehicle

is a dangerous environment when a minor is present. It protects children – whose developing lungs are particularly

susceptible – from the documented risks of SHS, including Sudden Infant Death Syndrome, development of Asthma,

bronchitis, pneumonia, and ear infections. This is aligned with Minnesota’s established commitment to public health and

protection of minors.

 

 

Smoking: inhaling, exhaling, burning or carrying 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 intended for inhalation.

includes carrying or using an activated electronic delivery device.

Second Hand Smoke (SHS):Smoke inhaled involuntarily from tobacco smoked by others.

Electronic Cigarette: a cigarette-shaped device containing a nicotine-based liquid that is vaporized and inhaled.

Vehicle: as associated for this bill; a car, truck, cart, or any enclosed motorized vessel.

Minnesota Clean Air Act: prohibits smoking in public places, at public meetings, in places of employment, and in public

transportation.

Places of employment: indoor areas where two or more persons perform services, whether or not the persons are paid.

Public places: are any enclosed, indoor area used by the general public.(Honestly you could delete the def of places of

employment or public places all together, they aren’t totally needed but if you do keep them I would recommend making

them their own definitions as you shouldn’t have another definition within a definition).

Minnesota Department of Health: the state agency tasked with protecting, maintaining, and improving the health of all

Minnesotans through a variety of health initiatives.

Minnesota Department of Safety: the state agency responsible for a wide range of public safety services, including law

enforcement, traffic safety, driver and vehicle licensing, fire safety, and emergency management

 

 

Funding will be taken from the Minnesota General Health fund, the Health Care Access Fund, Minnesota General Fund, and

the Trunk Highway Fund for initial funding. This will provide $400,000 for an Awareness Campaign and Training Costs for

enforcement of this law.

Ongoing funding will come from the dedicated fine revenue account and general fund. This will provide $50,000 annually

for ongoing awareness and health reporting.

 

 

Enforcement Authority: Enforcement shall be shared by the Minnesota Department of Health (MDH) and all peace officers

having authority under Minnesota Statutes.

Grace Period: An initial 90-day grace period will be established following the effective date of this Act, during which

only written warnings and educational materials will be issued for a first-time violation.

Primary vs. Secondary Enforcement: A violation of this Act shall be a secondary offense. A citation may only be issued

if the motor vehicle has been stopped for a violation of another traffic law, motor vehicle law, or non-traffic law.

Classification: Any person who violates this Act will be guilty of a petty misdemeanor.

Fine Structure: The penalties for a violation shall be structured as follows:

First Violation: A civil fine of $50.00 plus applicable state-mandated surcharges.

Subsequent Violation: A civil fine of $100.00 plus applicable state-mandated surcharges.

Fine Revenue Disposition: Revenue generated from the base fine amounts (the $50.00 / $100.00 portions) shall be

deposited into a dedicated Clean Air/Public Health Account to offset the ongoing administrative and public awareness

costs of this Act.

 

 

January 1, 2028