Oregon Senate votes to ban smoking in car with kids
SALEM, Ore. (AP) — Adults who smoke in a car with a child could face hundreds of dollars in fines under a bill approved Wednesday in the Oregon Senate.
If the House gives its approval and Gov. John Kitzhaber signs the bill, Oregon would join four other states with similar measures. Violators would face a maximum fine of $250 for a first offense and $500 for subsequent offenses.
The Senate's 19-10 vote Wednesday did not follow party lines.
Proponents said secondhand smoke is harmful, and minors shouldn't be subjected to health hazards because of their parents' decision to smoke. They say smoke can be trapped inside a vehicle and pool in the back seat where children often sit.
"Secondhand smoke is dangerous, and it's especially dangerous for children, more dangerous still when it's enclosed in a confined space," said Democratic Sen. Elizabeth Steiner Hayward, the bill's chief sponsor and a family physician in Portland.
Critics say the state shouldn't be limiting people's liberties or telling parents how to raise their children. The bill exceeds government's role and creates a "nanny state" that micromanages citizens' lives, they said.
"The reason I'm opposing this is not that smoking in cars is a good idea," said Sen. Jeff Kruse, R-Roseburg. "The reason I'm opposing this is, how dare government tell me what I'm going to do in my own car."
Kruse said he's a smoker but called it a "terrible habit" and said he never smoked in the car with his children.
Not all conservatives agreed. Republican Sen. Fred Girod, of Stayton, said he opposes bills he believes create a "nanny state," but the smoking ban is different because it seeks to protect children from decisions they can't control. He voted for the measure, Senate Bill 444.
The violation would be a secondary offense, so drivers could only be ticketed if they were pulled over for another reason.
Arkansas, California, Louisiana and Maine have enacted similar legislation, along with several cities and counties around the country, according to Global Advisers on Smoke-free Policy, and advocacy group.
Copyright 2013 The Associated Press.
It seems they want to shove some assine law through all they gotta do is say..."it's for the children",yeah I smoke but don't when the kids are in the car(youngest 21 oldest28)the point being it's just one more NANNY law.How about all those cars going down the round spewing exhaust?Do I roll the windows up for the children? I saw someone post that brought cig. tax,I have often wondered that myself the way they want everyone to quit. Lots of revenue there that's being lost.Start a new state lottery I guess.You remember how the first scratch tickets were going to fund Hwys,schools etc.
to those of you who focus on the "government controlling you" aspect here....try thinking of the kids for a minute and let the paranoia go!! i grew up with 2 parents who smoked like chimneys in the car. all 4 of us had asthma and bronchitis and my father died of lung cancer. if you want to smoke and deal with potential health problems...do it...i dont care, but keep the kids out of it. they need to be protected not overlooked because of some fear of big government. perhaps when people live with good decisions and stop thinking of only themselves, then government may be reduced.i cant believe this has taken this long!
@tea-pdx So you have no problem with the most corrupt Government on the planet telling you what you can and can't do?  Does their corruption and inefficiencies fit into your lifestyle? Do you honestly think they care if you die or do they care more about those who don't comply?
Unfortunately you can't legislate common sense.
More and more like a nanny State. Time for the Government to back off a little.
I'm not a smoker, never have been. That said, I find it amazing that so many people have been brainwashed into believing second hand smoke can be linked to health issues. There has NEVER been a definitive study proving such is the case. A good statistician can poke holes in EVERY study that claims second hand smoke is dangerous, suggesting the studies were skewed to benefit the individuals and/or organizations conducting the studies. This law is just another way for your lords and masters to control your behavior and extract money from your pockets.
Adults who smoke in a car with a child could face hundreds of dollars in fines under a bill approved Wednesday in the Oregon Senate.
Well, between this bill, and smoking ban in other places, not to mention salem raising the tax on cigarettes another $1.00 a pack to detere teenagers from smoking, I'm sure it won't be long until there are no smokers in oregon, which is really the goal. Wonder where they are going to get all the tax money to make up the difference in the future?
I am thinking that most LEO's are probably NOT going to enforce this stuff.  There are hundreds of laws that are already unenforced, why add another one?  Pretty soon the stupid politicians are going to make it illegal to breathe in public. Every one of these stupid laws makes the prospect of laws just that much more ridiculous.  No wonder people don't give a crap.  When we have government telling us how to live our lives completely and we are a socialist society and have no more rights, the liberal, entitlement, tolerance, fairness groups will be happy I guess.  Some people need to be told what to do I guess.  They would rather not have to do anything for themselves.  I am continually disgusted....
@Reeldeal101 I am typically against nanny laws, but in this case I am totally in favor of it. Having grown up with two chain smoking parents, I can remember driving to grandma's house for Christmas and not being able to see out the windshield due to the smoke. I cringe now looking back and knowing how I must have reeked of smoke. Long term effects? Who knows what damage was done. I am one cop who who would not only lecture the parents who do this, but give them a ticket with joy.  Google smoking and SIDS if you need more motivation.
@Scotty9Â @Reeldeal101Â I hear what you are saying, but HOW are you going to possibly enforce this? Â I mean, do you think you can tell the difference, from 100 feet in a moving vehicle, between someone smoking an electronic cigarette and a real one? Â I mean seriously? Â What are you going to say in court, and do you even want to spend your time in court with this stuff? Â I think this is all great and whatnot, but the reality of enforcing it is just plain ridiculous. That is all I am saying.
@Scotty9Â @Reeldeal101Â Fair enough.
@Reeldeal101Â @Scotty9Â Â
If we, as a society, decide that forcing children to breath second hand smoke is unhealthy and in the case of infants possibly deadly (SIDS), then this law makes complete sense and should be enforced just like any other traffic laws. I don't like spending time in court regardless of the charge, but is a necessary part of the job and a right we have as citizens to claim our innocence. This is not a primary offense so people cannot be stopped based on observing this alone, but believe me, people drive around with their heads in a cloud (no pun intended), it is not difficult to catch them breaking the law. I can't tell you how many times I've caught people tossing lit cigarettes out of their cars when I'm right behind them.
@Scotty9Â @Reeldeal101Â Same memories here Scotty, great post!
Is this what democrats are using their majority for ?  I say let christians smoke in the car with their kids, it will be a late term abortion.
Did any of the senators consider that parents who smoke in the car with their children in tow don't have "hundreds of dollars" in the first place!?!
Blood from a turnip...
@MillersTale   Two good reasons that they shouldn't be smoking in the first place.
So, if this passes it is perfectly legal to text, talk on the phone, smoke with kids in the car, not wear seat belts UNLESS you commit a Primary offense. Thanks Granny/Nanny State.
Anyone that smokes in the car with a child present seriously needs to think about why they are ruining a child's lungs because of their addiction.
Tools.
@From the OCÂ At the next light run up and tell the driver in front of you to turn his car off hell might as well tell any next to you as well.See how that works for you.
What about sex in the car when children are present? Will that also be a crime? I was a Traffic Homicide cop and ORYGUN has so many laws on the books that are not even enforced that it became a joke. What bothers me is that some wanna-be lawmaker introduces a stupid law in order to go down in the history books as somebody special. Who is going to be left to enforce such a law the way ORYGUN is headed let alone prosecute it?? The state is almost bankrupt and screaming for more tax money to fund social welfare programs while law enforcement is forgotten and prosecutors continue to get the boot - are these lawmakers in Honey Boo-Boo Land???Â
@boned"What about sex in the car when children are present? Will that also be a crime?"
 I'm pretty sure that already is a crime.
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@feral Is it really? Are you sure of the definitions of each? You have no idea how many folks I put in prison following the 'letter of the law' and how many folks went free following 'the spirit of the law.'  No disrespect, but this is just another law that will not be enforced because cops have more important things to do other than police parents in cars. Tell me the next time you comment how many folks you 'caught' smoking in their car with kids with the windows rolled down, OK??
Make smoking illegal, and you have taken care of this entire situation!Â
@washcomom Can I smoke pot in my car since it is legal in WA?? Just being a smart-ass and do not agree, but you can handle it with a laugh, right???
And I am sure they will enforce this one about as much as they do the cell phone law also.
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@poodlem So your against fluoride in your body, but pumping tar and nicotine in a child's lungs is okay...
@dentalgal2013Â That is what windows are for and you might want to check your Radon Gas level at home, OK??
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@feral Speaking of feral - I got this huge American Bobtail cat that lives on my hill outback in the blackberry vines that keeps 'raping' all the female cats that fools let outside before getting them spayed. Have you been neutered yet?? You better not take me seriously or I will have to use the old farm tools to make sure you are a eunuch....
And next on the agenda of behavioral legislation.......no more big gulps !
@Rob C 503Â No more you and that is for sure!!!!
Way to go Oregon Senate, we're behind you all the way. Now, the House needs to come along for the ride. It is about time someone stands up for the innocent children.
@JustMy2Cents Oh GOD!!! The innocent children!!! My next nationwide op-ed will be all about the 'innocent children' that folks like you bite off on. Yea, just your '2' cents and normally I agree with you until you sound like The Kenyan...
@boned@JustMy2CentsYou're clearly a smoker, it's always about you but never about anyone your habit impacts. So typical...Â
Wonder how they're going to cover electronic cigarettes. God this country is getting retarded.
@cantcurestupid Indeed.  There is very little chance of this being enforced.....How the heck is an officer going to tell if someone is smoking in their car, or if they have a small child in the car?  Absurd.  I think it is a travesty for people to force children to inhale Second hand smoke, but legislating it?  Gimme a freaking break.
People worry about second hand smoke when they spend their commutes breathing the exhaust from 1000 cars.
I sure get tired of my kids coming home from visitations from their mom with cigarette ash all over them, and they smelling like an old ash tray. Then she flicks her butt out on my driveway like she has all the right in the world to do that. Cigarettes are the #1 health hazard in the country, and should be outlawed all together.
@Tellitlikeitizz How about all non-prescription drugs, including caffeine, as long as you're going that route?  Ban em all?
@Reeldeal101Â You a smoker? Trying to find an angle to defend your filthy habit?Â
@Tellitlikeitizz I completely agree, well said.
Seems pretty non-controversial, to me.
What I see is 2 year olds and the parent with the tunes thumping to over 50 dbl. and the baby in the car seat..
That's just wrong...
@yesiam I like to imagine you pulling up beside them at a traffic light, looking over in disgust at the car next to you, quickly you jump out with your decibel meter in hand. As you run to the car in anger your heart races.Your look of disgust quickly fades to disbelief, as you humbly walk back to your car. 61 decibels, how can they do that to their own kids? Â
Well the State might enforce it but Portland won't.
@samsloohouse They don't enforce the no texting or cell phone law, so why the new one?
They should start fining parents with obese children too, its more of a health risk than second hand smoke is. Considering how much time one might be exposed to second hand smoke in a vehicle vs a child being overweight their whole child hood. You see all these people in the stores with there little fat monsters running around, wheres a cop at to throw down a scale and get his ticket book out.  Lets do it!
@Richard Goezinyah How about instead of a fine, make it a tax. Then you can collect for the fat parents too.
@hokeywolf @Richard Goezinyah Honestly how about a Fast Food Fat Tax. How can we lower healthcare costs and raise money for schools at the same time? Fast Food Fat Tax, lets put a sin tax on fast food, just like the one we have in place for alcohol, tobacco, and soon coming to a theater near you, marijuana. Fast food to expensive? Good don't eat it. Take your lazy ass home and make a decent meal for you and your kids. God knows they have the money in food-stamps for decent groceries. Â
@Richard Goezinyah @hokeywolf A few years ago weren't they considering a 10 cent tax or so on cappachino's and to many people screamed about it so they didn't it?
Oh for heaven's sake. I have never been a smoker - but this is ridiculous. Current laws aren't enforced. Why create more laws that will be selectively enforced? Growing up with smokers who smoked in the car when I was little - it is a rotten thing to do to your kids.