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GA Considers Law for Smoking in Cars with Children Present [02/05-5]

Excerpts from: Ga. lawmakers ponder smoking limits in cars with children

By KRISTEN WYATT AP [02/05/04]

Georgia lawmakers are considering making it a crime to smoke in a car with the windows up and children inside.

It would be the nation's first restriction on smoking in private vehicles, but its chances are dicey in a state where smoking bans haven't caught on.

A bill calling for a $15 fine for drivers who light up without rolling their windows down in vehicles carrying small children was approved 9-0 Wednesday by the House Transportation Committee. Supporters say toddlers need legal protection from the dangers of secondhand smoke.

The measure would allow police to pull over drivers for smoking while driving children in a car safety seat, required in Georgia for children under age 4.

No other state restricts smoking in private cars, although Indiana has a law against smoking on school buses and New Jersey is considering one, according to the National Conference of State Legislatures.

Georgia has generous public smoking policies, with the biggest cities still permitting tobacco use in restaurants and bars. Smokers can even light up in the state Capitol, as long as they're not on the floor of the House or Senate. About 23.6 percent of Georgians smoke, slightly higher than the national rate, according to the Centers for Disease Control and Prevention

Health activists hope they can change lawmakers' minds. June Deen of the American Lung Association of Georgia said privacy concerns should be outweighed by the health risks to small children.

‘‘It speaks to a very legitimate concern, and that's secondhand smoke exposure for the very young,'' she said. ‘‘For babies' lungs, this is very, very important. They're taking in the same amount of toxins an adult takes in, but over a smaller area. So it's more dangerous.''

The proposal now heads to the agenda-setting House Rules Committee, which will decide whether to schedule a full floor vote. The bill's fate is far from certain even though Democrats control the House. Rep. David Lucas, D-Macon, is one of dozens of fellow Democrats who think Smith's bill is heavy-handed.

Click Here to Read Georgia General Assembly House Bill 1138


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