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SALT LAKE CITY — After a debate of health versus parenting rights, a House committee Tuesday failed to pass a bill that would have banned smoking in cars when children ages 15 and under are present.
The bill fell 5-9, despite testimony from health experts who outlined the damage of secondhand smoke to children in a small, confined space such as a car.
"The smoke produces damage … to their ears, to their lungs, to their sinus cavities," said Tom Metcalf, a pediatrician and a member of Utah Academy of Pediatrics. Pediatricians call secondhand smoke "non-accidental trauma," which is child abuse, he said.
While the damage is less dramatic than a fractured rib or other ailments seen in an emergency room, Metcalf said, "The damage is being done nevertheless."
HB89's sponsor, Rep. Patrice Arent, D-Salt Lake, acknowledged the concern of some individuals that her bill would limit the rights of parents. "We have to take away rights to protect children," she said.
Rep. Lee Perry, R-Perry, said the bill is similar to laws that prohibit smoking in public places.
"(HB89 is) going to send a clear message that we don’t tolerate this type of behavior in our community," the bill's co-sponsor said.
Perry emphasized that the bill would not be applicable to smoking in homes. "Homes are a personal issue," he said.
Still, some members of the committee said they felt the bill is overstepping the government's bounds.
Rep. Jim Nielson, R-Bountiful, said, "I do not believe that we should constantly expand the role of government in our lives."
Liz Zentner, Utah PTA health commissioner, pointed out there is no right to smoke in the Constitution.
"The government needs to protect the rights of those who cannot protect their own," she said.
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