Legislative committee considers smoking ban in cars

A proposal to ban smoking in cars occupied by children under age 5 was approved today by a legislative interim committee.

The bill itself has not yet been written, and some members of the Health and Human Services Interim Committee noted that while they support the idea, they are taking a wait-and-see attitude until they see the actual language.

Lawmakers said one of their chief concerns is that making a legal activity of a parent illegal around their children raises the question of whether smoking in a car with a young child could be construed as neglect. If it can, child protection could legally be required to get involved over a minor infraction that imposes a $45 fee.

Other committee members call the proposal "slippery slope" lawmaking. "This is very close to crossing the line," said Sen. Jon J. Greiner, R-Ogden. "We're really getting into the fringe of invading people's rights of what they can and can't do."

"We're not close to crossing the line — we're crossing it," said Rep. Stephen E. Sandsdtrom, R-Orem. "There's always risks raising children. Should we start putting scales in schools and fine the parents of overweight kids for feeding them too many fatty foods? We need to get back to parental responsibility. When we start down this road we're setting a precedent."

Rep. Julie Fisher, R-Fruit Heights, said she grew up with a father who smoked. "I agree that there are all kinds of detrimental effects to being around smoke. But I also watched my father's behavior when he wanted a cigarette; I wanted him to find the cigarette, and I rolled down the window."

Ultimately, the lawmakers agreed with sponsor Sen. Scott McCoy, D-Salt Lake, who said despite his own so-called slippery slope concerns, "this is not a matter of limiting personal choice. It's protecting the health of children who can't protect themselves."

He said he would welcome a provision in the bill that would state that violation of the ban could not be the basis of a child-neglect case.

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E-mail: jthalman@desnews.com