Bill targets smoking with kids in car
By The Associated Press
Lighting up in a car could get you traffic ticket, if a Nebraska lawmaker gets her way.
On Thursday, state Sen. Gwen Howard of Omaha introduced a bill (LB93) in the Legislature that would prohibit drivers and passengers from smoking if at least one of the passengers is younger than 16.
Unlike the state’s seat belt law, where drivers can’t be pulled over for not wearing seat belt, police could pull over cars in which occupants were smoking and kids were inside.
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Fines for breaking the law would be between $50 and $150. Fines would be refunded if those who broke the law participated in a program to quit smoking.
Citations for breaking the law would not become part of a person’s permanent driving record.

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After all, couldn't a similar law be passed about the volume of car stereos with children in the car? And why does it stop with the car? Couldn't we then pass a law that adults cannot smoke in a home with children under 16?
I have personal convictions about the scenarios above, but legislating those convictions seems problematic when contrasted with individual freedoms. "
If there's one thing I know, it's that smokers love their cancer. "
Smoking is YOUR choice...not everybody elses! "
It's kind of disturbing how intrusive the government is becoming. "
I think parents should be accountable--after all, having children is a choice and they deserve the best start in life--not one filled with unnecessary health problems because of the bad habits of their parents. "
Senator Gwen Howard....you are my hero of the week!
Kids should not be couped up in a vehicle with a smoker....someone is desperately needed to be "the voice," for the children who have no voice.
Good Lord, how can anyone (mainly parents) claim to love their children,
and then turn around (smoking in a vehicle) and slowly kill them....
I sincerely do not understand the logic.
Thanks for listening!! "
This is just another way for cops and government in general to find justification to pull people over and intrude in personal lives. I get a real kick out of people who think laws like this are a good idea. Laws are fickle. What was acceptable yesterday is suddenly illegal today. Don't worry, the government is going to take care of you because you're too ignorant to take care of yourself.
You may think that you like a law like this but every one of them chips away at your freedoms just a little bit more. This one may not affect you but the next one might.
Just because something is illegal doesn't make it wrong and just because something isn't illegal doesn't make it right. Personal responsibility people! Remember what that is?
I have to go now. I'll be in my house waiting for the surprise inspection by the "Brown Shirts". I've got some Twinkies in my pantry that are endangering my children. I may need to be sent for re-education. "
If the smokes are so bad just outlaw them. Oh yeah, we cant because if it was never for tobacco then the US would have never came to be, as it was the crop that allowed the Colonies to support themselves in early trade. It is a bunch of crap.
I am tired of the politician being high and mighty and telling everyone how they should live when if you look at the records of most of them they live a less law biding life than the rest of society. "
I don't know about y'all, but I'd rather have a smoking driver who has a modicum of calmness than a potential case of road rage because a kid is crying in the back seat, and the driver REALLY wants a smoke, but doesn't want to get stopped by a cop.
To Poster YES -- Give it a rest already! The kids will survive. I'm in my 60's, and I remember hating it when my folks smoked in the car, but I lived through it; they weren't "(Stop those loosers from) shortening a little ones life! " My parents were fine people with a quality life style. You can't judge against people to be loosers just because they smoke. Loosers are those who aren't strong enough to live their own lives and leave everyone else the freedom live their lives as well. I wonder if any of these "well meaning" senators ever had a vice at all. "
For those of you who are going to cry that there is no evidence second-hand smoke harms anyone, consider this. My mother smokes, and every time my family and I go to visit her, within 24 all of us are stuffed up, coughing, sneezing, and blowing our noses. That is NO coincidence. "
First off, fast food, while not always healthy, is still FOOD...a source of nourishment for our bodies. A person can live a healthy lifestyle and consume the occasional fast food burger. Second, there is no such thing as 'secondhand calories'...eating around a child doesn't make them fatter. Third, eating excessive amounts of fast food make cause someone to become overweight...but that person can correct their weight issues with improved diet and exercise, and most people would never even knew they had a weight issue.
Cigarettes, when used as intended, kill the consumer. It provides no nourishment to the body, but rather, provides the body with poison and a little nicotine to satisfy the addiction of weak-willed individuals. Secondhand smoke and it's lethal effects are well documented, even by the cigarette companies...which is why they put that little warning on the side of the package (trust me, it's there). Finally, cigarettes cause irreparable harm...you can't undo the damage done by cigarette smoke and the toxic chemicals and carcinogens it contains...you just plain CAN'T.
Now, that said...kids may learn unhealthy eating habits from their parents, but they can also learn healthy eating habits at school, online, or on TV. So if they have a weight issue, they can learn how to correct it...you can't learn cancer away, or emphysema, or other chronic lung conditions brought on by exposure to cigarette smoke.
BTW, as far as the references to distracted driving goes, they already have laws against that. While some may think it's okay to strip years off of the life of a child, common sense (a modern-day artifact) SHOULD tell us all otherwise. "
Ponder this, an officer sees a child in the car and is given the latitude to stop you to determine if the child is in fact over/under the legal age. Our officers are busy people and there are a few that are badge heavy and this creates a potential for abuse of power.
"Show me your papers comrade. I also need the certified birth certificate for each child in your automobile." "
...and who honestly believes pink-eye is smoking related, one fry doesn't give you cancer but one cigarette does, and that more and more intrusive gov't is a good idea. Why not have a law that any vehicle on the road can only be two years old or less, or that you can only legally be outside of your home between the hours of 7am-8pm in order to cut down on crime?!! Gimmie a Break! "
As one person asked, "What's next? Drinking pop from a can, not wearing sunglasses when facing the sun, or other such stupid infringements on the rights of PRIVATE citizens. If this bill is made into law, next it will be a crime to smoke in your own house, or back yard.
My question for these "law"makers is what's next -- fining a female for not wearing her bra, using a cheap brand of toilet paper instead of a name brand, buying nothing but Diet Pepsi instead of other soda products?
Forcing another person's opposing beliefs for or against a preference is wrong and should not be made into law. "
Question. Isn't it illegal to buy cigarretts if you are under 18, isn't it then illegal to smoke if you are under 18. If we do not enforce this law, why would we need another and if we do, the age should be 18 not 16.
Shouldn't the government be telling us what kind of toys to buy, autos to buy, clothes to wear?
She sounds like the typical idiot government official. Now that we know she is so stupid, remember to not reelect her next term. "
What the government should do if they want to restrict tobacco (smoke and smokeless) use is:
1) make tobbaco users register to smoke
2) once identified as a tobbaco user, always a user
3) use drivers liscense to track and identify tobacco users.
4) users need liscence to buy tobacco, cannot buy unless have id
5) why.....
a) charge them higher rates for everything that is affected by their choice
b) tax them if they have kids for increased need for medical due to thier choice
c) can track and send them a "thank you" every year for thier additional support to the country in the form of taxes and increased fees
Seems like a good way to allow everyone to have the choice and be accountable for thier choices.
b) "
My dad smoked when I was growing up and I am healthy but choose myself not to smoke. I was also never sick as a kid (have coughs, runny noses, ear infections and get pink eye as someone else said.) We don't need this. Let people raise their own children. "
Yeah that's just we need, more time for kids to be without there parents...brilliant!
America, land of used-to-be free and home of the brave. The real scary part is that some of you think this law is progressing our society. Personally, I think they should be more concerned about the education of kids, not silly, unenforcable parenting laws. I've heard about kids dying in cars, but never heard it attibuted to 2nd hand smoke. "
And I only wish this was law when I was a child in Nebraska. Too much time in the car with my smoker father... I think I'm lucky not to have lung cancer (yet). "
When are they going to quit trying to run everyones lives?????
One day back & you'd think Uncle Earnie was back ! "
This law is ALMOST as stupid as the one a New England township tried to pass a few years ago. I can't remmember the name of the town, but they wanted to make it illegal to smoke in your own home if it bothered your neighbors. Not in your apartment or condo, in your HOME.
This is just another example of our government having the wrong priorities. "
If smoking in front of children is such a bad thing, why doesn't the State just take the kids away and put them in foster care until the parent quits. That should solve the problem and it won't clog our criminal courts with law breakers. "
It's called private property. You can smoke in the car you own. The stupid state doesn't allow it's employee's to smoke the States cars. Guess now they own ours.
What a moronic bill. It won't pass. Waist of time and effort by Gwen. Great job Omaha, you elected her. "
At what point is protecting children from second hand smoke (or as suggested ensuring they are buckled in) is a bad thing.
Smarty is right on..smokers are also the most selfish people on this earth. "
At what point is protecting children from second hand smoke (or as suggested ensuring they are buckled in) is a bad thing. HOW is that bad????
"Smarty" is right on..smokers are also the most selfish people on this earth.
Individual freedoms are great until they harm others. THAT is why we have laws against theft and murder. Once again if we as citizens did more to police ourselves then we wouldn't need laws like this. In the end those who are ticketed are those who need a kicking and are unresponsible parents. The number of offenders is low in contrast to the number who would not do this. But to save even one child makes it worth it.
In the end this law will affect very few of us but so many benefit from it. Those who are truly innocent victims and have their RIGHTS trampled on. "
So that's what I ask all you people out there. Do you really think the government is going to stop at this? They always start with one, simple, relatively reasonable, non-invasive law, but then they just keep changing it and changing it to make it more restrictive. Just look at what happened to seat belts!
It's gotta stop somewhere! And it needs to stop now!! STOP THE INVASION OF PRIVACY BEFORE IT GETS OUT OF CONTROL "
Jonny and Susie are 17 and 12. Jonny is mad at his dad one day because he can't go spend the night at a friends house on a weeknight. Now Jonny throws a fit because he know's hiS dad isn't allowed to give him a swat on the butt. Then he get's grounded longer, and decides to hit his mom and start a fire in his room- because he knows that dad and mom just have to put up with it- there isn't any help for this kind of behavior, we just can't afford it. Well, Jonny then gets his video game that hunts and kills taken away, his 4 wheeler(which is one of the highest accident reasons kids go the the hospital) taken away, then is told he will have to eat at home the rest of the week because there will be no more fatty fast food outings because of his behavior.
So Jonny has a great idea- since he can't use the cel phone that gives him brain cancer over a long period of time(because mom and dad took that too), he will wait til dad get s in the shower and tell the police that his dad smokes with his little sister in the car. Now..his dad may or may not smoke, but Jonny will do his best to ruin his day by getting him pulled over and make him late for work.
I AM a smoker- but I never smoked in the house with my children there, or in the car with them in it.
But I am telling you..this will start a flood of calls to the local police from angry kids to nosy neighbors that you torked off one day. If this law passes, we might as weLl just let our government and our children CONTROL what we can and can't do in the privacy of our own homes. And for you "non-spanking" parents out there- I am not talking about beating your children. I didn't have to spank my kids..going to their room was worse then geting spanked-of course, my children didnt get spoiled by having there own cel phone, tv, and computer in their room until I knew they were responsible. But I do believe we have lost the power- because of the government- to discipline our kids.
This law will just give them more reason to try and tell us how to raise our kids. Shame on the parents who make there children breathe their smoke. And shame on you "I am the greatest parent ever" people for trying to tell me something I should or shouldnt do. I raised my kids by doing the right things...but if the government does thise, then comes into my home and does it...don't be surprised when I push for a law that stops you from allowing YOUR children to have violent video games, cancer giving cel phones at the age of 10, spine crushing 4 wheelers, and neck breaking trampolines at any age. You would tell me that all of these things are legal and that you use common sense and take care of your kids. Well you know what? So do I. Just because I smoke doesn't mean I did it in front of my kids in the car. FIND SOME OTHER LWAS TO FIX BEFORE PASSING NEW ONES!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! "
Hopefully this doesn't pass. PS I'm not a smoker, just as I bet a lot of the opponents here aren't. "
Acetone – also found in finger nail polish remover
Ammonia – used in household cleaning compounds
Arsenic – commonly used in rat poison.
Butane – key ingredient in lighter fluid
Cadmium – active component in battery acid
Carbon Monoxide – the same gas released from your car’s exhaust system
DDT/Dieldrin – a poison used in commercial insecticides
Ethanol – alcohol
Hydrogen Cyanide – yet another lethal poison
Methane – gas released from the bowels (now there’s a nice thought)
Methanol – component of rocket fuel
Napthalene – ingredient used in mothballs
Nicotine – yet another insecticide, and a highly addictive substance
Stearic Acid – found in candle wax
Toluene – industrial strength cleaning solvent
Do you think I would be arrested for child endangerment? "
Also, I am an RN and I have never seen a diagnosis of pink eye from smoking. Smoking causes many things, pinkeye is stretching it quite a bit. "
Cigarette smoke is poison...can any smoker argue that? I'm sure a few smokers would try to argue it...but if you're argument is based in fact, then you absolutely cannot deny the fact that cigarettes are poison. Is this responsible behavior for a parent? To poison your kids is your "right"? Is it my right to put lead and arsenic in your food? Certainly not, and I'd probably go to jail for doing such a thing. So what gives you the right to put lead and arsenic in your child's air?
When it comes right down to it, despite your own beliefs, you may not actually know what is best for your child. If you survived cigarette smoke from your parents completely unscathed...good for you, you beat the odds. I hear some people actually win stuff from Publishers Clearinghouse every once in awhile, too. What's saying your kids will be so lucky? Are you really willing to gamble with your children's lives? Anyone who would answer "yes" is undeserving of the blessing they've been given. "
Especially when the children have to watch their parent(s) die of a lung disease. That's pretty cruel and sad. Especially when the plug has to be pulled. "
While I don’t think it’s a good idea to smoke in the presence of children, or in a car or a home where children are, that is a personal choice and a decision that the government and everyone else has no business being involved in. I pay my own car payment and my own mortgage payment, which makes those two items MINE…. And smoking is a legal activity. If Gwen Howard or the rest of the Nebraska Legislature would like to have the right to dictate what legal activities I do inside my car or my home, I’ll just send my billing statements to their attention at the Capitol Building for payment.
This proposed legislation goes way beyond the smoking issue. This is about governmental control of the people, and politicians trying to impose their personal morals and agendas on the rest of us. What’s next? A law that says only people with an IQ over 100 can even HAVE children? Should we have forced sterilization for those who fall below that threshold because they are deemed to be incapable of raising children adequately? Oh, and while we’re at it, people who can’t make an adequate living should also be banned from having children. Poverty is detrimental to children’s health and well-being. Living in crime-ridden neighborhoods with gangs, drug dealers, thieves, thugs, etc. also is harmful to children. Watch out parents, you may be targeted next with possible fines (and/or jail time) because you can’t make a supposed “appropriate” decision to provide a “better” lifestyle for your child.
If Gwen is seriously concerned about the safety and well-being of Nebraska’s children, maybe she should propose legislation that would outlaw teen pregnancies, out-of-wedlock births, and single-parent households. These all create situations that can be harmful to children. Let’s also impose fines and jail time for parents who get a divorce! Lack of parental affection and stability is detrimental to a child’s health and well-being, not to mention all the traveling back-and-forth for visitation. More time spent traveling, more risk of being involved in a motor-vehicle accident – that’s harmful.
While most of the above is meant to be sarcastic to make a point about this ridiculously proposed legislation, WE THE PEOPLE need to remember something. When we allow government to dictate and control our lives to the point that we are unable to or prohibited from making decisions for ourselves and our families, then we are no better than the Nazis, the Communists, or the Taliban.
The State of Nebraska has already been INTERNATIONALLY embarrassed by one dumb law that was passed. Do we really want to re-visit that? "
I grew up watching black and white television, didn't have a computer or a Nintendo, didn't have a cell phone. But I survived. We didn't have seat belts when I was a child. But I somehow survived.
My own son didn't have any of those things until he became an adult and bought them for himself and/or his children.
If the driver who smelled cigarette smoke coming from another vehicle was offended or repulsed by the smell, the offended driver should have rolled up his or her car window. Smoking is now banned in almost all public buildings including hospitals and medical buildings, car dealerships, restaurants, bars, courthouses, churches, and so on.
I do not agree with bill for one reason only. It is an invasion of the rights of the private citizen. This is the United States, not Nazi Germany or a Communist country. Our Government, whether state or Federal, has no legal right to tell any private citizen what they can or cannot do within the confines of that citizen's private space, whether that is inside their own vehicle, inside their own house, or in their own yard. "
Then it became fashionable to bomb abortion clinics, to attack females who chose this method to end their pregnancies, to assault people who wore real fur, to refuse to wear a bra, and to cough and carry on when another person lit up a cigarette, cigar or pipe.
Smokers have been so ostracized that most are very conscious of the ills, real or imagined, their habit may inflict on others, including children in a vehicle.
There has never been a law passed making it illegal not to wear a bra or to wear real fur. Although laws have been passed regarding some drugs, and driving while intoxicated or under the influence, there are more deaths attributed to drug overdose and drunk drivers than to first- or second-hand smoke.
I do not smoke, but to impose one person's beliefs on another person is morally and unconstitutionally reprehensible. "
Our government has every right to enforce this, so deal with it. THIS IS AMERICA!!!! If you dont like, why dont you leave the United States. My thought is, you wont, because the way we live is still better than anywhere else.
Thank you state Sen. Gwen Howard!!!! Dont listen to all these yahoos, you are making the right choice. "
P.S. I am not nor have I ever been a smoker. "
Second, Sen. Howard, with 20 years in the HHS foster care area. Isn't involved in the Safe Haven project..
Third, this was a bill that she attempted last session
Fourth, (in case you were wondering) Ernie is gone "