By Alan Choate
Daily Herald
Thursday, February 01, 2007

Most of the Utah Senate voted Wednesday to ban smoking in cars when a child younger than 5 years is a passenger.

The vote was 20-7 for the bill by Sen. Scott McCoy, D-Salt Lake City. It now goes to the state House of Representatives.

A smoker could only be cited if a vehicle is pulled over for another traffic offense. The maximum fine for the smoking violation would be $45, which could be waived if the person enrolls in a program to quit smoking.

"What this bill basically says is, here is the smallest, most confined space that someone smokes in," McCoy said during floor debate. "We don't think that we should expose young children, children who are still in the developmental stage of their respiratory system ... to this clear secondhand smoke danger."

Among those voting against the bill were Sen. Margaret Dayton, R-Orem, and Sen. Mark Madsen, R-Eagle Mountain.

Though smoking in a car "is not something that I would endorse," Dayton said, she couldn't support the bill.

"There is something that stinks worse than smoking, and that's the invasion of private property rights," she said. "Smoking is not against the law.

"Some of these big cars are the same size as the bathrooms in some of these homes. If we're going to outlaw smoking in a car, then we better outlaw it in bathrooms and any other rooms that are going to be confining enough."

SB 43, Smoking Ban in Vehicle When a Child is Present, Sen. Scott McCoy, D-Salt Lake City

The vehicular smoking ban would be in effect if a passenger is younger than five years.