Smoking in cars prohibition passes Senate

A few senators are just squeamish about it, and at least one believes it simply won't be enforced even if it does pass the House, but a ban on smoking in vehicles with young children was given final approval in an 18-10 vote Tuesday in the Senate.

Proponents agreed with SB14 sponsor, Sen. Scot McCoy, D-Salt Lake, and his overarching assertion that the health risk to children riding in cars with a smoking adult is too great not to make it against the law.

While several senators don't dispute the harmful effects of smoking of all types, they said reaching into the private space of someone's car opens the door to more government intervention.

"The concern I have today is where is the bright line defining where government can intervene," Sen. Howard Stephenson, R-Draper said. "I don't see a bright line. Next year will we be voting to have a fine on parents who don't have the right furnace filter in their home and aren't protecting their asthmatic child?"

Sen. Michael Waddoups, R-Taylorsville, voiced the majority opinion when explaining his support of the bill. "We require motorcycle helmets and other restraints in cars to protect passengers. I like the idea of self-determination, but frankly the children — at least the ones age 5 and under targeted by the bill — this restricts behavior to protect children who have no voice of their own."

Sen. Pat Jones, D-Salt Lake, advised fellow lawmakers who might need a working example of what smoke in close quarters they should visit the smoking rooms at the Salt Lake International Airport.

"No one who isn't a smoker would ever go in there," Jones said. "Smokers can tolerate it, but think for a second what a similar level of smoke in a car would be like to a child."

Jones reminded senators that most of the laws passed by the Legislature do restrict behavior. This restricts a behavior and protects the health of children who have no voice of their own.

Sen. Kevin Van Tassel, R-Vernal, said senators were about to pass a bill "that will be put on the books and never enforced. I can't understand any parent wanting to smoke in a car. Children are in car seats, unable to get away, so for the children I will vote yes."

McCoy summed up the measure by reminding fellow lawmakers that the bill has nothing to do with homes, "and we're not talking about what's coming next. We're talking about this proposal and about a vulnerable population."

If the measure passes the house, Utah would joining at least 25 other states with minor in vehicle smoking bans.

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E-mail: jthalman@desnews.com