With a little hacking and wheezing, a bill to ban smoking in cars when children are present made progress in the Senate on Monday.

"The health risks for infants and children are particularly acute," McCoy said of the dangers of second-hand smoke.

And then senators, particularly those from Utah County, lined up to say what a great idea it was, but they just couldn't back it.

The reasons began with private property concerns.

"It's a disgusting habit, but it's not against the law," said Sen. Margaret Dayton, R-Orem, who added later if a bill ever came up to ban smoking outright, she would vote for it.

But for now, the government coming into people's cars and telling them what to do is not a road she wants to go down. Sen. Mark Madsen, R-Eagle Mountain, felt the same.

"I don't believe that government is the entity to which we are accountable to those things. I believe we are accountable to a higher authority," he said.

McCoy dismissed the idea that someone's vehicle is somehow off limits to government. There are plenty of laws that concern cars, including drinking laws and seat belt laws.

"The car is not a magical sphere where no law applies," he said later.

Sens. Jon Greiner, R-Ogden, and John Valentine, R-Orem, expressed concern about an officer's ability to judge whether a child is 5 years old or younger.

"If you leave it to the vagaries of what the officer feels that day, it's just not good law," Valentine said later.

McCoy again countered that officers already make judgment calls every day on a variety of laws.

The bill passed to the Senate's third reading calendar 20-9. Those opposing the bill include Utah County's Dayton, Madsen, Valentine and Curtis Bramble.

SB 15, Driving Under the Influence Amendments

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

This bill would modify the Motor Vehicles Code by enacting a restriction on smoking in a vehicle when a child is present.