A proposed statewide smoking restriction aimed at reducing young children's exposure to second-hand smoke will have another chance in the state legislature after failing to pass last year.

The Senate Health and Human Services Committee voted Tuesday to send McCoy's bill to the Senate floor for debate.

As a secondary offense, law enforcement officers would not be able pull vehicles over for the violation. It would only apply to traffic stops for primary offenses, such as speeding.

"The harm of second-hand smoke to young kids is especially important to watch," McCoy said. "Within seconds of lighting up a cigarette in the small, confined space of a car, toxicity levels in the air build up between 10 to 30 times the maximum allowed by the EPA."

Young children with developing lungs also breathe more air than adults do, he said, making their rate of exposure higher.

McCoy insisted that his efforts are not the beginning of an attempt to ban smoking in vehicles outright.

"This is not an anti-smoker thing. It's really about the kids," he said. "When a child can't make the decision whether to get into the car, or even roll down a window, I think this is appropriate."

The rule applies only to children under the age of 5, because that is the same age requirement for the use of car seats.

Michael Siler, Utah director of government relations for the American Cancer Society, said the law change would likely create more awareness of the overall dangers of second-hand smoke.

Sen. Chris Buttars, R-West Jordan, said he normally opposes measures that allow government intrusion into private life, "but with children I think it's different, and I support this."

Sen. Allen Christensen, R-North Ogden, said he likes the idea, but worries that it may not be enforced.

"A lot of law enforcement people might look the other way, especially smokers," Christensen said.

The Senate approved the new rule in last year's session, but time ran out before the House could debate the measure.

McCoy is including a provision this year stating that a violation of the rule could not be used as evidence of child abuse or neglect, which he hopes will help push it through both houses this time around.

Courts will be able to suspend the fine for violators who prove they have enrolled in a smoking cessation program.

Response from law enforcement has been positive, he said.

"There's basically no enforcement problem because it's a secondary offense. It just adds another tool to the toolbox so they can do something about it if they see this situation."

SB 14, Smoking Ban in Motor Vehicle

Sponsor: Sen. Scott McCoy, D-Salt Lake City

This bill would make smoking in an automobile when a child under five years of age is a passenger a secondary offense, punishable by a fine of up to $45.