Lincoln Journal Star

State Sen. Gwen Howard wants smoking banned in cars when children are present.

Bill would ban smoking in cars carrying kids

NANCY HICKS / Lincoln Journal Star | Posted: Wednesday, January 9, 2008 6:00 pm

State Sen. Gwen Howard believes in protecting children. She worked to protect children as a state caseworker before she was elected to the Legislature.

So banning smoking in cars when children are present, her latest bill, is simply an extension of that work, she said Thursday.

“We all know how bad smoking is for people, and kids are even more vulnerable,” she said.

Howard described a TV commercial, now airing, that shows a mom smoking in the front seat and her two children in the back, who can’t breathe because of the smoke. One child is crying and the other is saying, “I can’t breathe.”

“That commercial had a lot of impact on me,” Howard said.

But not everyone believes the state should get involved in this issue.

“Hey, smoking is not good. It is a bad idea to smoke in a car with a kid,” said Sen. Russ Karpisek of Wilber. But passing a law is going overboard.

“This is a personal car. This is just going too far,” he said.

Under the proposal (LB836), people caught smoking in a car when a person under age 16 is in the vehicle, even if the windows of the vehicle are down, would face a fine of $40 to $150.

To avoid the fine on the first offense, a person could prove he or she had begun a smoking cessation program.

Nebraska would not be the first to ban smoking in cars with kids. A California ban began on Jan. 1.  

Nebraska already bans smoking in day care centers, in homes providing child care during the time there are children in the home and in foster homes when foster children are present.    

When asked why she isn’t also seeking to ban smoking in homes when children are present, Howard said cars are different.

“Smoking is much more detrimental in the close confinement of a car. Children have no choice. They are breathing in the air in the car.”

But Karpisek doesn’t think there is justification for the bill.

“I don’t think the state has to play nanny to everyone.”

Reach Nancy Hicks at 473-7250 or nhicks@journalstar.com.