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Bill would ban smoking in cars carrying kids

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By NANCY HICKS / Lincoln Journal Star

Thursday, Jan 10, 2008 - 07:36:27 pm CST

State Sen. Gwen Howard believes in protecting children. She worked to protect children as a state caseworker before she was elected to the Legislature.

So banning smoking in cars when children are present, her latest bill, is simply an extension of that work, she said Thursday.

“We all know how bad smoking is for people, and kids are even more vulnerable,” she said.

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Howard described a TV commercial, now airing, that shows a mom smoking in the front seat and her two children in the back, who can’t breathe because of the smoke. One child is crying and the other is saying, “I can’t breathe.”

“That commercial had a lot of impact on me,” Howard said.

But not everyone believes the state should get involved in this issue.

“Hey, smoking is not good. It is a bad idea to smoke in a car with a kid,” said Sen. Russ Karpisek of Wilber. But passing a law is going overboard.

“This is a personal car. This is just going too far,” he said.

Under the proposal (LB836), people caught smoking in a car when a person under age 16 is in the vehicle, even if the windows of the vehicle are down, would face a fine of $40 to $150.

To avoid the fine on the first offense, a person could prove he or she had begun a smoking cessation program.

Nebraska would not be the first to ban smoking in cars with kids. A California ban began on Jan. 1.  

Nebraska already bans smoking in day care centers, in homes providing child care during the time there are children in the home and in foster homes when foster children are present.    

When asked why she isn’t also seeking to ban smoking in homes when children are present, Howard said cars are different.

“Smoking is much more detrimental in the close confinement of a car. Children have no choice. They are breathing in the air in the car.”

But Karpisek doesn’t think there is justification for the bill.

“I don’t think the state has to play nanny to everyone.”

Reach Nancy Hicks at 473-7250 or nhicks@journalstar.com.


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Tod wrote on January 10, 2008 9:05 pm:
" If we can rationalize this kind of control over a person and their family, maybe we can ban parents talking on cell phones, kids being noisy, pets, and lots of other things while a car is driven? "

 Gwen wrote on January 11, 2008 7:00 am:
" Heres another waste of resources and taxpayer money Sen.Howard. And heres the same Sen. Karpisek saying he doesnt think the state has to play nanny to everyone. I wonder what would happen if it was pot smoke in the confined space of that car. Then what would he say."String them up"! "

 Hmmm wrote on January 11, 2008 8:22 am:
" What if a parent took a machine that blew toxic chemicals into the face of their child every time they got into the car - we'd view that as child abuse. Cigarettes are really no different. As a smoking parent you at least get a filter to breath through - but your kid is inhaling arsenic, benzene, formaldehyde, and lead. Not to mention the fact that kids with smaller lungs and a higher breathing rate are even more susceptible to these inhaled toxins. Yeah - I wish parents were smart enough not to do this so we didn't need legislation - but I don't feel bad about mandating it for those so addicted they won't be compelled to keep their kids safe unless forced. "

 Bob wrote on January 11, 2008 9:33 am:
" Just one more State Senator who wants to make a new law, based upon his/her own personal values. Senator Howard when will you take into account what the people of Nebraska want and not just what you want. You were elected to office to represent the people of Nebraska not your own values. What is it going to be next? Are you gong to pass a new law telling everyone what to wear, what radio station to listen to, what newspaper to read, where we can go for a dinner out or where we are to go shopping? LEAVE THE PARENTING UP TO THE PARENTS. "

 Amy wrote on January 11, 2008 9:54 am:
" I am a
fifth grade teacher who is currently teaching the drugs and alcohol
portion of our health curriculum. There is significant evidence that
supports the conclusion that environmental smoke is as damaging ,if not
more so, than smoking itself. I am aware that there is no smoking ban in
in many cities in Nebraska. I realize that as Americans we want to allow our citizens to have
the freedom to govern their own actions if in accordance to the law. The
law now states that anyone over 18 can smoke. This is sad. We know how
harmful this is and we continue to make it accessible to our citizens.
But, each of my students will now be able to make an educated decision
if they will smoke or not. They will not be allowed to choose if they
are exposed to the toxins of environmental smoke that are very harmful.
We make kids wear seat belts or use car seats because it has been proven
to saves lives. When I was younger this was a new concept, but knowledge
is power. We have the power to saves lives with this bill. Is it to much
to ask that our legislators be a voice for those who can't defend
themselves? Many individuals I know who smoke, smoke outdoors out of
respect to loved ones. However, individuals with addictions often have
clouded judgments. Their addictions alter their sense of right and
wrong. America does allow for the freedom to make decisions and no one
is asking the State to be in the Nanny business. I do believe we ought to
be in the business of protecting our citizens, specifically those unable
to protect themselves. "

 humm wrote on January 11, 2008 3:31 pm:
" When will it stop? When no one is smoking. Where will all the tax money come from once we stop all the smoking? Hum I wonder will it be worth it, in some ways yes,ther your asking for the extra money out of your pocket. Has anyone seen how much money is earned for the state when we have the smokers. Why keep forcing people to be non-smokers its saviing us money as well. Kids in fifth grade will not make the decision to smoke or not. They will say what the majority will say. Anybody would know that even a teacher. Do you take credit for the kids that don't end up smoking? Its a shame that most teaches do and they really have nothing to do with the decision, of children. You teach from a book not life,they have to see it to beleive it. This is another way for the state to earn some unearned money to pay for a bunch of crap. Pot is an illegal drug so yes string them up,why is it so hard to make tobacco illegal, because of the revenue. Goverment is making money on tobacco why push it out thats like this gas crap why put a cap on it when they are making millions. We are dumb enough to buy gas we are dumb enough to buy cigarettes. Why?? Are you accually saying that parents that smoke don't keep their kids safe. Not very bright for that commet. Their are a lot of educated parents out here that do smoke. "

 Child of Smoker wrote on January 11, 2008 4:26 pm:
" I totally support the ban of smoking in the car. As a child of a smoker, I remember how awful it was to ride in the car with my dad and breath that terrible smell and then get to smell like a cigarette the rest of the day at school. Fun times!!The child has no say and I find it selfish for parents to expose their inncoent child to this. "

 Educate wrote on January 11, 2008 6:16 pm:
" If you smoke in a car with a child you may be a loser, an idiot and a bad parent...but you should not be a criminal. The issue needs education, not legislation. The nanny/welfare state is going too far. "

 carol wrote on January 11, 2008 7:45 pm:
" As a former smoker, I quit 20 years ago this year, I was moved by the possible ban on smoking in a car with children. I support this proposal and hope the Nebraska legislature will also. I wrote my representative, Russ Karpisek several times last year to express my hope that Nebrasks would vote to be SMOKE FREE in all bars, restaurants, etc. He never responded to one e-mail!!
Wilber has more bars that are frequented by smokers, and also small children that accompany their parents, which exposes them to secondhand smoke as much as in a car.
Let's follow the trend, Scotland,Ireland, Paris, France, England, and many more countries and states are going smoke-free.
Keep up the great reporting on this very important subject. "

 Jay wrote on January 11, 2008 10:18 pm:
" As sad as it may be that someone would still be stupid enough to smoke with a child in the car, this is an absolutely irresponsible bill. Taking away these personal rights from people who are in their own personal property is precisely what our government is NOT supposed to do. Ridiculous. "

 not seeing it wrote on January 12, 2008 12:30 am:
" i don't get how these smokers get off like they are supporting the state with the tobacco tax granted it is one source of revenue but come on you act like its the only thing out there don't forget all of society would be better of financially if no one smoked due to health cost reduction "

 Nick wrote on January 12, 2008 1:37 am:
" Smoking causes cancer just in case anyone forgot. "

 pdl wrote on January 12, 2008 2:33 am:
" No, that's over the line.
I think the police have enough to do,
what's next, diaper checkpoints?
"

 Again??? wrote on January 12, 2008 6:12 am:
" I wish this new little "phase" of popularity with banning smoking would end. Lets move on to important issues. Get off your political high horse with smokers. You have already won your little battles. Now senators are just trying to ride the wind and HOPE to keep their jobs. Get off the smoking issue or flat out make them illegal and get it over with. Oh yeah we tried that with alcohol.. How is that working out for you?

Signed Tired of SMokers rights being trampled. "

 I have an idea wrote on January 12, 2008 7:23 am:
" Well since the whole health issue is today's hot topic and will be dead soon (i hope) lets go all out. Nebraska should now start banning, coughing in public, sneezing, blowing your nose in tissue them throwing them away (the poor trash people could get sick). Lets see what other ridiculious rules can we apply so all you so called healthy people can be happy. If you don't snoke (shut up already about banning smoking) This issue is getting old and needs to go away. Move on to something that is trully important. Get off the smokers backs already. Oh and to you people who just got upset at this I am not a smoker, never have been and never will be, but get off their backs already "

 Safe wrote on January 12, 2008 7:50 am:
" Sad if parents find lighting up more improtant than their precious child's health. And it isn't an opinion that second had smoke is dangerous...it's a fact. What parents need is common sense and no law will give them that. But hopefully the talk of it will make them think first. "

 Rights? wrote on January 12, 2008 8:03 am:
" Personal Rights?, what are you talking about? Dont you get it? Our Legislature doesnt give a damn about your Personal Rights! All they care about is cow-towing to special interest groups. In the name of "The Children" they are coming up with all kinds of special new rules for us Adults to follow. When it says "For the Children" you can bet it will somehow and in someway restrict your Adult Personal Freedoms. "

 D.A. wrote on January 12, 2008 8:36 am:
" Smoking in a car or in a home with a child should be considered child abuse and the offender should be prosecuted accordingly. "

 Actually. wrote on January 12, 2008 9:16 am:
" They just passed this law in California. Its all for the health and well being of everyone. Smoking affects everyone whether your in that car or not. Think of all the health costs that are involved in treating that kid that "smokes" becuase his parents are too stupid to light up after they drop the kid off or light up before they even get in the car with the kids. Im all for it. "

 Need wrote on January 12, 2008 9:24 am:
" We also need a bill that would prohibit transporting children in any vehicle that emits carbon monoxide. That stuff is deadly! "

 Repeat after me: wrote on January 12, 2008 9:29 am:
" You cannot legislate moral behavior. You cannot legislate moral behavior. You cannot legislate moral beha.... "

 BYOB wrote on January 12, 2008 9:34 am:
" Boo Hoo !
The kids and their friends can walk as far as I'm concerned, it'll save me a ton of money on gas, funny thing is, the kids I give rides to, their parent know I smoke and the kids and parents could care less, they're just thankful for the ride to and from school and to other events. My parents both smoked and it never bothered me or my three siblings. You should add cell phones, cheese burgers, cokes, brushing your hair and fussing with the kids to this list. This is just another stupid law to put on the books to give the Cops another excuse to pull you over, the vehicle check points must not be creating enough revenue for the state.
The home of the brave, The land of the Free, What a joke our nation and state have become. "

 Sylvia wrote on January 12, 2008 9:48 am:
" The state is over reaching on this. Where are the rugged individualists to stand up against this? "

 Carmelo wrote on January 12, 2008 10:11 am:
" I propose a bill that would make it illegal to smoke in any car where I am present. "

 nemo wrote on January 12, 2008 10:21 am:
" She wants to ban smoking in cars because it seems less an invasion of privacy, cars are out there with windows all around so people can see right in and know what you are doing, it doesn't take skulking around and peering in like it would in a home. This is baloney, a clear intrusion of big brother into people's private lives on their own property. I HATE cigarette smoke, and I support smoking bans in publicly owned places, but this is way over the top!! If she truly believes that this is child abuse or neglect then she should work to get these kids removed, but ya know what, that will probably be next. "

 Rights wrote on January 12, 2008 10:24 am:
" I read all of these comment from people expressing their concern for the "rights" of these smokers. What about the rights of the children in the car? Do they not have the right to not be exposed to second hand smoke? Or does the personal preference of the parent/smoker outway the rights of the child? Apparantly the people that believe we are infringing on the "rights" of the smokers do not care about the rights of the children. "

 sick of it wrote on January 12, 2008 10:55 am:
" When will people stop being selfish and grow up? You complain that your rights are being taken away. What about your child's rights? If people who smoke in their cars with their children in there would start thinking about their child's health and comfort even, then the government wouldn't have to get involved. But, I guess that's too much to ask these people because there "rights" are being taken away and heaven forbid they think about their child's rights. "

 Outlaw it! wrote on January 12, 2008 11:12 am:
" Get it over with. Just outlaw Cigarettes and Alcohol. We can then abolish the Legislature because they won't have stupid laws to continually come up with.
Wait... they can start passing laws discriminating against people with handicaps because they now become the only financial burden to society. All of the social related problems associated with smoking and drinking will be gone.
We need to get real.... "

 Craig wrote on January 12, 2008 11:24 am:
" This has got to be one of the silliest proposals I have ever heard of. Our Police officers have better things to do than chase down smokers on the roads. Talk about starting a Nanny State. What really needs to happen is the parents of children need to have PERSONAL RESPONSIBILITY. Change their behavior through other ways. Not make a law for everything you don't like about a certain behavior.

I beleive that a person that is properly educated in this manner will make a wiser decision than one being forced to make it with discontent. "

 As a smoker.... wrote on January 12, 2008 11:40 am:
" I have no problem with this bill. Protecting children who are in a confined space, have no ability to leave that space, and who don't have a choice whether or not to smoke, isn't too much for me. Now, banning smoking in bars, where only adults can be, where adults can chose to leave, and where adults can choose to patronize only self-imposed non-smoking businesses, maybe that's a different story.

I wonder how many people would be opposed to the ban in cars with small children (which doesn't affect them, except that it's the "nanny" state) but voted in favor of the ban in bars (places they want to go and impose their will on a business owner and other patrons - instead of just changing the places they went out to). It's interesting how people's 'opinions' change when it affects them, instead of just someone else's child. "

 new to Lincoln wrote on January 12, 2008 12:00 pm:
" When the state buys my car and pays for the taxes then they can tell me what to do in it, until then I will ignore such a stupid law. "

 JEN wrote on January 12, 2008 12:11 pm:
" Out in front of the Gold's building yesterday, I saw a father smoking inside his Ford Explorer, while his 1 year old was sitting on his lap. The windows were all rolled up. I wanted to yank that baby out of the car. I can't stand it when people smoke in the car with their kids or 'hot box' their homes and smoke inside. Not only does the whole home and family reek, but it's terrible for the children. On the other hand I don't think it's neccesary for the state to pass a law against this. Smoking in your car with your kids is a BAD parenting choice, not something that needs to be illegal. Will they make it illegal to feed your kids McDonald's 7 days a week too? That's just as unhealthy and just as bad a parenting choice in my opinion. "

 wastedtime wrote on January 12, 2008 12:51 pm:
" Can the legislature waste more of our money passing these bills that are only going to put more stress on the poor and uneducated?!?! It's common sense that you should not smoke in a small enclosed space with small children, but should we make it illegal? Whats next, a bill to fine parents who feed their children junk food? When will the government let the individuals make the decisions for themselves on what is good for themselves and their family? Where will this lead us to? "

 Wake Up wrote on January 12, 2008 12:53 pm:
" Wake up Nebraskans, when the tax money from cigarettes and alcohol is no longer going into state coffers because the do gooders have decided that no one should have the choice whether to drink and smoke than, tax dollars are going to have to come from somewhere else and then you can start paying additional tax on pop and bread etc to make up the dollar loss. Law makers have to quit dictating everything just because they think it should be. Look at all the rights you are losing every day. Stand up and say Enough is Enough. Remember Hitler and Stalin? They dedided what was best for their people too. "

 Geez wrote on January 12, 2008 12:55 pm:
" My kids love the smell of a good cigar on a nice summer drive.... "

 wk wrote on January 12, 2008 12:57 pm:
" It just gets worse and worse and worse and worse.....EVERYTHING is being controlled by government. It's very frightening. What's more frightening is that so many people just don't see the slippery slope.....especially the "do gooders". "

 WE wrote on January 12, 2008 2:02 pm:
" Bottom line here people. If you smoke while you have kids in the car, or in your own home, you are a poor excuse for a parent and should be treated accordingly. "

 big brother wrote on January 12, 2008 2:08 pm:
" what is this state turning to?? Will they then decide who can and cannot be parents?? Will they start giving everyone some type of birth control and make them all test to see if they are healthy enough and then have people that go house to house and the government decide if this person or that person can have a child????? Where are the limits. I hope someone will stop this before the government get too much control. This is VERY SCARY! "

 Dave wrote on January 12, 2008 2:17 pm:
" As a child of a smoker, I can remember remember rolling down the window of my dad's car and sticking my head out to get fresh air while we were driving. You were SOL if you didn't call shotgun and had to ride in the back seat. He wasn't going to give up his "right" to us kids much less the state. That's the kind of selfish mindset that addicts have. It's not about freedom to be a selfish jerk, it's about providing reasonable protections to the innocent. "

 Phil wrote on January 12, 2008 3:55 pm:
" I find it hard to believe that in 2008 that anyone would smoke in such a confined space as a car with a child strapped in. And I find it just as hard to believe that anyone would suggest that adults have a right to do so. Most of these car trips are likely just a ten minute or less drive across town. Could these people not think ahead and smoke before leaving, or how about waiting until after the trip. I mean it's just being a little bit considerate of a child's health. Kid's can't protect themselves, they rely on adults to protect them. "

 Its About Time wrote on January 12, 2008 4:08 pm:
" I say its obout time for this ban if you feed you child arsenic you would go to jail for child abuse you are doing the same thing smokeing with them in the car. To those that clame we will lose all kinds of money if we lose the smokers in Nebraska I say thats fine I will gladley pay higher taxs if it saves the lifes of ONE child bring on the taxs!!!! "

 Laurie wrote on January 12, 2008 4:33 pm:
" I would support a movement to establish children-free zones. Who's with me? "

 to jen wrote on January 12, 2008 4:57 pm:
" stop bashing Macdonald's they have great food at a great price and its as healthy as the school lunches if not more so. If everyone is so upset about health they would not vote for a republican candidate for any position ever again "

 You asked for it wrote on January 12, 2008 6:24 pm:
" I hope all the folks to voted for term limits are happy now that the Legislature is stuffed full of inexperienced senators proposing ill-conceived measures. Ironic, isn't it, that many of these proposals are premised on the newbies' belief that the people who voted for them are otherwise too stupid to run their own lives? "

 ty wrote on January 12, 2008 6:25 pm:
" This needs to happen nation wide. I hope that there will be a day in my lifetime when there are no longer cigarettes in out society. The majority of the people don't smoke and don't want it. Employers don't want it either. Keep passing more laws and maybe we can get rid of cigarettes. "

 Getting out of hand!!!! wrote on January 12, 2008 9:26 pm:
" Ok i can see the smoking ban in restaurants. But in cars???? Come on now. This is our own personal property. Not the governments. If the state of Nebraska wants to pay for our car insurance, taxes every year for our vehicles, and gas for our vehicles, then go ahead with the ban. What we do in our own vehicle is our business. Instead of worrying about this, why don't you worry about the drug dealers that has their children in the car when they are selling drugs???? Whats next, they make a law so people cant smoke in their homes??? This is just getting way out of hand. "

 mike wrote on January 12, 2008 10:15 pm:
" Why don't they just quit screwing around and ban smoking anywhere in the state. Tobacco free Nebraska. "

 one way or another wrote on January 12, 2008 11:17 pm:
" Enough of the banning when and where a person can smoke. Let's just get it over with and ban cigarettes....PERIOD!!! Make them an illegal substance. Then when that happens you whining non-smokers can moan and groan about your taxes being too high because the smokers aren't picking up the brunt of the taxes anymore.
You can't have it both ways. Either you accept the fact that the smokers are paving the way to your lower taxes or you bare the brunt of dishing out more money to cover what the new non-smokers won't be covering. "

 always blaming the smokers wrote on January 12, 2008 11:53 pm:
" The Devaney Sports Center was built thanks to cigarette tax..... "

 humm wrote on January 13, 2008 12:52 am:
" The kids of smokers do you have other issues with your parents cause it sounds like you have. Deal with them instead of going after all the smokers. Smoking is not only cause of cancer. There have been studies about the persons genes. If the cancer cell is active or not. So when do we outlaw coal mining it causes black lung, that is also lung cancer. Isn't the saying Don't judge a person til you walk a mile in their shoes. State Sen. Gwen Howard is only tring to get her name out there and push her paersonal feelings on others. An A1C told me that he would perfer to work around the smokers than the non-smokers and he doesn't smoke. He stated the smokers are easy going in life compared to non-smokers. Name calling is just lowing yourself to a child's level. Can we all just stop calling the smokers names, it's very immature. "

 This IS getting out of hand! wrote on January 14, 2008 7:32 am:
" How dare someone try to tell me whether or not I can or cannot brethe putrid toxic smoke into the face of my child. Everybody knows that things like arsenic and formaldehyde are fine for children to breathe in a closed space. Seriously - this law is just silly - I'm a parent so obviously I know the best for my child and my massive addiction to nicotine has no chance of clouding my judgment when it comes to making this decision. Plus smoking makes me a cool parent - easy going according to some - so it's of course a good idea. Smoking for everyone! "

 Amanda wrote on January 14, 2008 11:27 am:
" So is this where it begins? They first try to tell people what they can do in their own cars, what then do they start attacking people in their own homes? Obviously smoking with children in the vehicle is a bad idea but I do not think the state has the right to tell us what we can do and where we are "allowed" to do it. I think the government is just one step away from a dictatorship. Where is the freedom anymore? And if they do eventually take cigarettes of the shelves where is all that tax money we are losing going to come from. If I was told right doesn't the tax money from cigarettes go to the schools? "

 rediculous wrote on January 14, 2008 1:47 pm:
" last time i checked we weren't a communist country. find something better to waste taxpayer dollars on. There are numerous ACTUAL issues that need attention. "

 Ashton Gerken - Original wrote on January 17, 2008 12:31 pm:
" Many people want to take a stand and protect children. I agree completely with Senator Gwen Howard when she wants to protect children from inhaling the toxic air from smoking in a vehicle. The people who are smoking in a vehicle should be fined. We all need to take a stand and get this bill put into affect immediately. The people who are smoking around children can at least stop smoking until they reach their destination. They do not need to hurt the safety of the poor children. Those poor children do not have a choice to breath in this toxic air. So,the people who smoke in vehicles should be fined. We need to protect children not continue to hurt them. "

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