OFFICE OF FISCAL ANALYSIS

Legislative Office Building, Room 5200

Hartford, CT 06106 (860) 240-0200

http: //www. cga. ct. gov/ofa

SB-268

AN ACT PROHIBITING SMOKING IN MOTOR VEHICLES WITH MINOR CHILDREN.

OFA Fiscal Note

State Impact:

Agency Affected

Fund-Effect

FY 09 $

FY 10 $

Judicial Dept.

GF - Revenue Gain

Minimal

Minimal

Public Safety, Dept.

GF - None

None

None

Note: GF=General Fund

Municipal Impact:

Municipalities

Effect

FY 09 $

FY 10 $

Municipal Police Departments

None

None

None

Explanation

The bill establishes a new infraction for smoking in a motor vehicle in the presence of a child. The total amount payable for this infraction would be between $84 and $146. 1 The bill does not include this new infraction among fines, fees, and surcharges2 that must be deposited into the Special Transportation Fund3; consequently, any revenues generated under the bill would be deposited into the General Fund.

Both state and municipal police officers would be responsible for enforcing this statute. It is anticipated that such enforcement would be accommodated within the course of an officer's normal duties, resulting in no additional cost to the state or municipalities.

The Out Years

The annualized ongoing fiscal impact identified above would remain relatively constant into the future since fine amounts are set by statute.

1 In accordance with CGS 51-164m, the judges of the Superior Court establish and maintain a schedule of fines to be paid for the violation of the sections of the general statutes deemed to be infractions. No such fine may be less than $35 or more than $90. In addition to this “base” fine, a cost of $35 (pursuant to CGS 54-143a) and a fee between $4 and $11 (pursuant to CGS 51-56a(c)) would be included.

2 CGS 13b-59(g)

3 In accordance with CGS 13b-59(d) and 13b-61(b)(4).