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Action on Smoking and Health
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NEW Penn. Bill Would Ban Smoking in Cars Carrying Small Children [09/20-7]
Excerpts from: Bill targets smoking near kids
By Matthew Kemeny Scranton Times Tribune [09/20/04]
A local lawmaker wants to put the brakes on smokers who light up when riding with small children in a car.
State Rep. Gaynor Cawley is sponsoring legislation that would prohibit an individual from carrying a lighted cigarette, cigar or pipe in a car with a child under 8 years old.
Mr. Cawley, D-Scranton, said the idea actually came from Nathan Barrett, 27, a physical education and health teacher in the Riverside School District.
"Children have no choice if they're exposed to secondhand smoking," said Mr. Barrett, a 1995 West Scranton High School graduate.
"Because a vehicle is much more enclosed, like a capsule, that's when I determined it was a good idea," said Mr. Cawley, a former smoker.
But the measure is likely to face stiff opposition.
"There's a concern on an individual's right," state Rep. Ed Staback, D-Archbald, said. "Does the government have the right to dictate what someone can do and can't do in the privacy of their own vehicle?
"I think that God-given common sense would prevail if, knowing what doctors say about secondhand smoke, even if that car is ventilated, that would not be a good idea."
A local political expert doubted the bill's chances to be approved in Harrisburg.
"That kind of law gives government way too much interference in our lives," said Jean W. Harris, chairwoman of the political science department at the University of Scranton. "People still oppose wearing seat belts, so people aren't going to be happy if the government tells them they can't smoke in their own car.
Under the bill, violators would be fined $25 per offense, which would be deposited in an education fund for seat belts and child restraints. As it's written, the violation would be a primary traffic offense. But Mr. Cawley said he is drafting an amendment that would make it a secondary offense -- meaning a police officer would have to have another reason to stop a vehicle.
If approved, Pennsylvania would be one of few states to have vehicle smoking restrictions. In March, the Georgia Legislature overwhelmingly approved a measure that barred smoking in motor vehicles on state highways with the windows rolled up and a child in a car seat.
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