Wednesday, February 17, 2010

The Basics of HB 186

According to the US Environmental Protection Agency (EPA), children's exposure to secondhand smoke is more detrimental than that of adults for multiple reasons. Specifically, the lungs of children are still developing physically, so they have a higher respiratory rate causing them to take in more of the toxins in the air. Most importantly, being exposed to environmental carcinogens are beyond the child's control. Removing themselves from a harmful environment may not always be an option. In enclosed areas, secondhand smoke will linger beyond the period of time that the cigarette is lit permeating throughout the area. Opening windows is not enough. Some of the health risks associated with secondhand smoke exposure are increased rates of lower respiratory tract infections, exacerbations of asthma and other pre-existing conditions.

The Center for Disease Control (CDC) and the Surgeon General's 2006 report noted that approximately 60 percent of US children aged 3-11 are exposed to secondhand smoke. The surgeon general reemphasized that it can cause premature death as many children are more heavily exposed to secondhand smoke than adults are.

The Virginia House Bill 186 is attempting to enact a civil penalty of $100 for smoking in a motor vehicle, whether in motion or at rest, with a minor under the age of 13. Delegate Joseph D. Morrissey from the general Richmond area is proposing this in order to protect minors that cannot protect themselves from harmful environments. The money which would normally be given to the Literary Fund, will instead be allocated to the Virginia Health Care Fund.

5 comments:

  1. We agree with this idea, however, we see potential problems in enforcing the law. First, it might be difficult to pull every car over with a driver who is smoking just to check if there is a minor in the backseat. Also, if a driver did get pulled over while smoking, it would be fairly easy for them to just throw out their cigarette before the policeman approached. There are laws against smoking in public places, and since a vehicle is more considered a private place, these smokers might feel violated of their rights to smoke in their own personal space.
    It is a good idea in order to protect the children, but there are so many problems that could take place that we think this law might not be very effective.

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  2. It is being proposed as a secondary offense meaning that if someone was to be pulled over for a moving violation they could get a ticket for smoking, similar to the original seatbelt law.

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  3. I think you all chose a great bill to support! The fact that HB-186 is being proposed as a secondary offense is important, because otherwise, I do think that it would be difficult to enforce. I believe that smoking in a car with a young child is irresponsible and deserves to be punished. However, I know many people do not share my belief. As you all mentioned, families that regularly smoke cigarettes may be outraged if this becomes a law. I can definitely see them asserting that their car is "private property" and they should be able to do what they want in it. Sadly, these types of adults would probably be exposing their children to secondhand tobacco smoke in the home as well.
    Protecting children from the carcinogens in cigarette smoke is a huge endeavor, but I believe that HB-186 is a step in the right direction. I just hope that tobacco companies aren't persuasive enough to change the view of our legislators. I know that they are willing to spend quite a bit of money to gain their alliance. Hopefully, tobacco companies won't be able to bribe them and they'll be able to move forward in protecting children from the harmful effects of secondhand tobacco smoke. I'll be interested to see what happens with this bill!

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  4. The idea behind this bill to protect children from secondhand smoke is definitely needed and important. But I also agree with the previous comments as well as far as it being difficult to enforce. This bill kind of goes along with the penalty for texting while driving, how do the police make sure that there was actually texting going on? And it can also be hard to tell if there is someone smoking in a moving car unless the car was stationary and you were right next to it to look inside. However, this could be a way for smokers to reevaluate their priorities as they see that their smoking can have an effect on other people through this law being enforced. They can tangibly see how second hand smoke can be detrimental for children.

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  5. There are some signs that police could look for in order to determine when someone is smoking in the vehicle such as cracked windows, smoky appearance, and hand positions on the steering wheels. We believe it is harder to enforce and since it's secondary they have to be stopped for something else in order to be charged with this.

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