Smoking In Cars: LA State Car Ban Alert

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Louisiana Rep. Carla Dartez, D-Morgan City, said the bill infringes upon parents’ rights to raise their children.
Panel rejects targeted smoking ban in cars

Panel rejects targeted smoking ban in cars
by Ed Anderson, The Times-Picayune
April 28, 2008
BATON ROUGE — A legislative committee Monday snuffed out a bill to ban drivers and passengers from smoking in vehicles if someone under the age of 18 is along for the ride.
The House Committee on Transportation, Highways and Public Works unanimously rejected House Bill 1021 by Rep. Walker Hines, D-New Orleans. The bill is likely dead for the session.
“It is a very sad day,” said Hines, the youngest member of the Legislature at age 24. “We are allowing these teens to breathe in toxic substances.”
State law now prohibits a driver or a passenger from smoking in a vehicle if a child up to age 13 is present.
“Your bill is a quantum leap,” Rep. Hollis Downs, R-Ruston, told Hines. He said the 13-year-old age limit was adopted two years ago and has not had a chance to work.
The existing law allows a police officer to write a ticket for the smoking offense only if a vehicle is stopped for another infraction.
Rep. Nita Hutter, R-Chalmette, who chairs the panel, said the bill does not prohibit an adult from smoking at home if there are children under 18. “I thought the car was an extension of the home,” she said.
Ed Anderson can be reached at eanderson@timespicayune.com or (225)¤342-5810.


Smoking ban with kids in car signed

July 07, 2006
Jan Moller
BATON ROUGE — Smoking in a car or truck where there are children will soon become a costly proposition in Louisiana under legislation signed this week by Gov. Kathleen Blanco.
The governor signed House Bill 1010 by Rep. Gary Smith, D-Norco, which allows police to ticket drivers who are smoking in vehicles with children 12 and younger.
Starting Aug. 15, violators will face fines of up to $150 or a minimum of 24 hours of community service.
Violations will be considered a nonmoving offense, so tickets will not appear on a driver’s operating record.
The bill was among 31 measures Blanco signed into law this week. She has signed 843 bills and has 15 remaining to sign, veto or allow to become law without her signature.
She has vetoed one bill, a measure that would have boosted health benefits for lawmakers who are forced to give up their seats because of term limits.

HB1010 – 2006 Regular Session
Author: G SMITH
Summary: MTR VEHICLE/VIOLATIONS: Prohibits smoking in motor vehicles under certain circumstances

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Smoking Ban in Cars Clears Louisiana House

May 05, 2006

Legislation to prohibit smoking in vehicles when young children are among the passengers cleared the House on Thursday. The vote was 66 to 31.

If the Senate eventually passes House Bill 1010 and the governor signs it into law, Representative Gary Smith says violators can be pulled over without any other law being broken.

He says the bill is an effort to protect the health of children who don’t have much say about secondhand smoke.

Violations would not count against a person’s driving record. The legislation now heads to the Senate for debate.


Bill would ban people from smoking while children in the car

4 May 2006
Parents would have to stub out their cigarettes while their kids are in the car, under a bill headed to the Senate for debate.
The bill would prohibit anyone from lighting up a cigarette, cigar or pipe in a vehicle while a child required to be in a booster seat or car seat is riding along _ a child up to 60 pounds, or up to about eight years old.
The House approved the bill in a 66-31 vote.
Rep. Gary Smith, D-Norco, said he introduced the measure because he wants to prevent health problems that children can have from second hand smoke inhalation. He said children don’t get a choice in whose cars they ride.
“I’m just trying to protect those who cannot protect themselves,” he said.
Rep. Carla Dartez, D-Morgan City, said the bill infringes upon parents’ rights to raise their children.
“I just think you’re going a little too far in this Legislature when we can’t allow parents of their own children to take care of their own children,” she said.

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