Smoking in Cars with Kids:
Painting by Albert Ortiz
Painting by ACAS Advisory Board member Albert Ortiz

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California's Marco Firebaugh Memorial Children's Health and Safety (H&S) Act of 2007 -
Smokefree cars in the presence of youth younger that the age of 18 - a quick overview
Who supported this law? What groups opposed the law?
    No groups registered their opposition. Supporting groups included: American Lung Association; American Academy of
    Pediatrics; American Cancer Society; American Federation of State, County, and Municipal Employees; American Heart
    Association; Breathe California; California Black Health Network; California Dental Association; City of Los Angeles, Office
    of the Mayor; First 5 California; and the Oakland-Berkley Asthma Coalition.
    In 2005 California Tobacco Survey, 92.3% of California adults agreed that smoking should not be allowed inside cars
    when children are in them.

The Science Behind the Law
    a. United States Environmental Protection Agency (USEPA)
    Secondhand smoke is classified by the USEPA as a Group A carcinogen; Group A carcinogens also
    include arsenic and asbestos.
    b. California Air Resources Board
    The CARB identified secondhand smoke as a toxic air contaminant in January of 2006.
    c. Surgeon General’s Report
    The 2006 Surgeon General’s Report states that secondhand smoke causes disease in children. Children exposed to
    secondhand smoke are at an increased risk for acute respiratory infections, ear problems, and developing asthma.
    The 2006 Surgeon General’s Report also states that the scientific evidence about the dangers of secondhand smoke is
    indisputable: there is no safe level of exposure to secondhand smoke.
    d. Air Change Rates of Motor Vehicles and In-Vehicle Pollutant Concentration from Secondhand Smoke
    The level of toxic air in a vehicle when someone is smoking is up to ten times greater than the level which
    the USEPA considers hazardous.
    e. California Student Tobacco Survey
    Youth continue to report being exposed to secondhand smoke while riding in cars. The rate has remained stagnant at 29
    percent in 2002, 25 percent in 2004, and 27 percent in 2006. Thirty-one percent of the youth surveyed in 2006 reported
    that they live with someone who smokes cigarettes.
Oregon House: No smoking with kids in car
By Brad Cain, Associated Press Writer  |  The World  |  Thursday, April 09, 2009
"There are drug mules going by and burglaries and domestic abuse going on," said Rep. Vicki Berger, R-Salem. "I want our police officers out there
dealing with real crimes, not bad parenting."

Representatives of several police departments said Wednesday that while the proposed smoking ban wouldn't be all that difficult to enforce, strapped
police agencies would have to keep giving top priority to avoiding serious traffic accidents and fighting major crime.

"The challenge in Eugene is our relatively low number of police officers," said police spokeswoman Melinda Kletzok. "High priority calls that involve
protecting people's life and safety are going to take precedence."

Medford Police Sgt. Greg Lemhouse said police officers would have wide latitude to pull someone over if it appeared children 16 and younger were in a
smoke-filled car.

"It wouldn't be difficult to enforce, but it wouldn't be our top priority," Lemhouse said. "A traffic team needs to focus on the highest priority -- trying to save
lives by preventing risky driving behavior."

The House bill, which now goes to the Senate, would impose a maximum $90 fine for a first offense; $180 for a second one and $360 for a third.

Four other states -- Arkansas, California, Louisiana and Maine -- have similar laws.

The chief sponsor of the bill, state Rep. Chuck Riley, said it is time for Oregon to join the other states because some people continue to subject children
to smoking in vehicles despite the documented ill health effects of secondhand smoke.

There are no statewide statistics on how much that happens, the Hillsboro Democrat said.

"But on the freeway and on the highways, at least once a week I see kids strapped into their car seats with the vehicle full of smoke," Riley said.

During Wednesday's House debate, several lawmakers said it in some cases it would be difficult for police officers to tell whether the occupants in a
vehicle are 16 or under.

Bend Police Department Sgt. Chris Carney said police officers likely would have to use a "lot of discretion" in deciding whether to pull someone over.

"Obviously, if you see a kid in a car seat and the parent smoking, that would make it a little easier," Carney said. "It would have to be a case-by-case basis."
SALEM, Ore. -- The Oregon House voted Wednesday to outlaw smoking in cars when
anybody 16 or younger is riding along despite some lawmakers' concerns it would burden
already stretched local police departments.

Backers of the bill said the state needs to protect children from secondhand smoke -- and
send a message to parents to stub out their smokes before getting into a car with their
kids.

"In fact, this is a form of child abuse," Rep. Mitch Greenlick, D-Portland, said of those who
smoke in vehicles with children on board.

The bill passed 35-25 over the objections of lawmakers who said police already have their
hands full trying to catch criminals.
http://www.theworldlink.com/articles/2009/04/09/news/doc49de32ea01ff0752947921.txt
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Smokefree Reports:
UK Doctors call for ban on smoking in cars
(11-16) 03:23 PST LONDON, United Kingdom (AP) --  |  Wednesday, November 16, 2011  |  Posted by ACAS 11/20/11
The British Medical Association is calling on the government to ban smoking at all times in cars, a step that
would go beyond regulations elsewhere.
While scientists have tested secondhand smoke exposure in automobiles before, Navas-Acien noted in an interview, they had only done so in the lab.
In research released on Wednesday, the group that
represents U.K. doctors said the confined environment
in cars exposes drivers and passengers to 23 times
more toxins than a smoky bar. Children are particularly
vulnerable to second-hand smoke since they absorb
more pollutants. Smoke can linger in cars long after
cigarettes have been smoked.

In countries including Australia, Canada, and parts of
the U.S., smoking in cars is banned when children are
present. In the U.K., smoking in public vehicles like
buses and trains is banned but there is no law against
smoking in private cars.

Dr. Vivienne Nathanson of the association said
Wednesday that the government should now take a
"bold and courageous step."
Read more: http://sfgate.com/cgi-bin/article.cgi?f=/n/a/2011/11/16/international/i032350S24.DTL    

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