I thought of ya', Stacey

This is definitely a step in the right direction...

Bill bans smoking with kids in car
Measure handily passes state House

Friday, May 05, 2006
By Ed Anderson
Capital bureau

BATON ROUGE -- By more than a 2-1 margin, the House on Thursday passed a bill to prohibit smokers from lighting up in a vehicle if there are young passengers present.

Lawmakers voted 67-31 for House Bill 1010 by Rep. Gary Smith, D-Norco, sending it to the Senate for debate. Smith's bill prohibits smoking in a vehicle if a child is buckled up in child restraints. State law requires a child weighing 60 pounds or less to be strapped into a child restraint.

Smith said his bill would apply to motorists driving children younger than "6 to 8 years of age," the typical age of a 60-pound youth.

He said the bill is designed to protect young children from being locked in a vehicle with a smoker and having their health jeopardized.

The bill would apply to any motorist or passenger in a vehicle with young children, even when windows of the vehicle are open. Smith said a police officer could stop a vehicle and issue a ticket if he sees the vehicle's occupants smoking with small children present.

If the driver is convicted, Smith said, the offense would not go on the driver's record to be used as a factor in raising auto insurance rates. However, a violator could be fined $150 or sentenced to no less than 24 hours of community service, Smith said.

Rep. Alex Heaton, D-New Orleans, said a car is an extension of a home and people are not banned from smoking at home.

"This is impeding on the prerogative and rights of a parent," argued Rep. Carla Blanchard Dartez, D-Morgan City. "You put your child's life in danger by speeding, too. This is going a little too far for us in the Legislature."

Earlier Thursday, the Senate Committee on Transportation, Highways and Public Works said that teenagers who drop out of school could lose their driver's licenses or not be eligible to get one. The panel voted 4-1 for Senate Bill 284 by Sen. Heulette "Clo" Fontenot, R-Livingston, sending it to the Senate floor for debate.

Fontenot said the bill is designed to use driving privileges as a way to encourage students ages 15 to 18 to stay in school.

The bill says as long as a student is in school, enrolled in a general educational development program or is being schooled at home, he or she can get a license or keep one. If the youth drops out or has more than 10 consecutive days of unexcused absences or 15 days of unexcused absences in a semester, the students can lose their license or be denied one.

The bill would not apply to a teenager who is "unable to attend any school program due to circumstances beyond" the student's control, such as an emergency or being a mainstay of the family's income.

Fontenot said the student must present documentation of enrollment in educational programs or proof of graduation to driver's license personnel . He said the bill is designed to reduce the state's dropout rate, currently the second-highest in the nation.

The committee also sent to the Senate floor House Bill 985 by Rep. Damon Baldone, D-Houma, prohibiting motorcycle operators from carrying passengers younger than 5 on their vehicles. Any child who rides on a cycle must be outfitted with a safety helmet, Baldone said. The bill started out banning children younger than 8 from being motorcycle passengers, but a House committee amended it to the lower age.

Editor'sNote: Article found on NOLA.com