Bill to ban smoking with kids in car fails

Religion aside, the debate over whether to make it illegal to smoke in a vehicle occupied by children became an ideological one at the Legislature on Friday, and people who wanted to make it illegal lost, outnumbered by conservatives who thought it's more important to allow adults the right to choose to smoke.

The House Transportation Committee voted against recommending HB284, sponsored by Rep. Jay Seegmiller, D-Sandy, to the House floor. Only three representatives of the 14-member committee voted in favor of the bill: Seegmiller, Tim Cosgrove, D-Murray, and Rhonda Rudd Menlove, R-Garland.

HB284 proposes making it an infraction for a person to smoke in a vehicle with a child under age 8. State law requires children up to age 8 be in a child seat. While a police officer would not be able to pull over a car only because the driver is smoking, if an officer pulls over a driver for another offense, the smoking can be a "secondary" violation.

The maximum fine for the offense, according to HB284, is $45. But that could be waived if the offender takes a smoking cessation class.

The bill was supported by local chapters of the PTA, American Academy of Pediatrics and American Cancer Society. "I see the effects in my office of children exposed to secondhand smoke," said local pediatrician David Folland, which include effects to lung growth and function, asthma, middle ear disease, respiratory infections and even coronary artery disease.

While the majority of the Legislature are members of The Church of Jesus Christ of Latter-day Saints, which counsels it members against smoking, conservative thinking on freedom of choice won at the end of the day.

"I absolutely hate smoking," said Gayle Ruzicka of the Utah Eagle Forum. "But as much as I hate smoking, even more I love freedom. I really believe we're talking about property rights here, and we're talking about the freedom to choose."

In addition to the car as property, "the children also belong to the parents," she said.

Rep. Julie Fisher, R-Fruit Heights, recalled her childhood with a father who chain-smoked and said that depriving a smoker of a right to choose is a value, too. "We can't fix everyone, but I do appreciate what we're doing," she said to the bill's supporters.

Cosgrove, however, said the bill recognizes the right to choose to smoke, just like there are prohibitions with alcohol, and people have the right to choose to drink.

"We prohibit parents from giving alcohol to minors, so I kind of see this along those same lines."

E-mail: lhancock@desnews.com