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Joe Pyrah
A bill that would ban cigarette use in cars while children are present went up in a puff of smoke on Monday.
The bill had previously survived the Senate and went to the House where it was unceremoniously dumped into the Law Enforcement and Criminal Justice Standing Committee.
Representatives argued that they wanted to hear from the law enforcement community on the matter. But despite the support of the Fraternal Order of Police and a neutral stance by the Utah Highway Patrol, the bill died on a 5-4 vote.
Most of the argument hinged on personal property rights and "what about" scenarios in which future lawmakers use the smoking bill as a foot in the door for other bills restricting rights.
"When I weigh them I come down (against) the particular side of being too doggone much government intrusion," said Rep. Carl Wimmer, R-Herriman. "What happens when they get to a right you care about? When they get to a right you cherish?"
Bill sponsor Sen. Scott McCoy, animated at times, said a lawmaker's job is to balance the needs of the people and the right of the individual on a case-by-case basis.
"I hear 'What about, what about, what about, what about.' They have nothing to do with this bill," he said. "Where the line is, is where the majority of us say it is."
The majority was against him on Monday, even with testimony from Kelly Atkinson of the Fraternal Order of Police. Breathing in second-hand smoke is not in the best interest of a child who doesn't have a choice in the matter, he said, adding that kids under 5 don't have the force of impact to say "Daddy, Mommy don't smoke."
McCoy had a little object lesson on what was a Red Burn Day for much of Northern Utah. On those days, it is recommended that those with asthma, and infants and the aged stay inside as much as possible.
Within seconds of lighting up in a car, the air inside becomes 10-30 times more harmful than the air during a Red Burn Day, he said.
"There is really no debate about the health effects of second hand smoke," he said.
McCoy had the support of Rep. Paul Ray, R-Clearfield, who is also running a bill to increase the tobacco tax by 50 cents a pack, and whose father died of smoking-related complications and whose mother is dying of the same thing.
In the end it wasn't enough, and McCoy was relegated to firing off a quick, "I'll see you next year."
SB 14
Sponsored by: Scott McCoy, D-Salt Lake City
Smoking Ban in Motor Vehicle -- This bill would have modified the Motor Vehicles Code by enacting a restriction on smoking in a vehicle with a child under 5 present.
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