Forget about lighting up with children in the car

Gov. Arnold Schwarzenegger on Wednesday signed legislation banning smoking in vehicles carrying children but vetoed a bill that would have required 6- and 7-year-olds to be secured in back-seat booster seats.

The measures were among a passel of Democratic bills derided by Republican opponents as "nanny bills" during a year in which one lawmaker tried unsuccessfully to ban the spanking of children.

Supporters of the smoking ban -- Senate Bill 7 by Sen. Jenny Oropeza, D-Long Beach -- praised the cigar-smoking Republican governor and father of four for acknowledging the dangers of secondhand smoke.

"If nanny government creates healthier kids, we're for it," said Paul Knepprath, vice president of government relations for the American Lung Association of California. "We're pleased he signed the bill, not withstanding his own personal issues with tobacco."

SB 7, which goes into effect Jan. 1, will impose a $100 fine on drivers and/or passengers cited for smoking in a car with another person age 17 or younger.

The infraction will be a secondary offense; a police officer could not stop a motorist only for smoking in a car with a minor.

The governor, meanwhile, vetoed a measure that would have extended by two years the age requirement for children to ride in back-seat booster seats. It would have been until they were 8 years old, or were 4 feet 9 inches tall.

In vetoing Assembly Bill 881 by Assemblyman Gene Mullin, D-South San Francisco, Schwarzenegger expressed concern for the safety of children in motor vehicles. But he noted that he vetoed similar legislation last year.

"Ultimately, it has to be the parents who are responsible for their children's safety," the governor said in his veto message.

The best way to protect children, he said, is through "education and enforcement of existing laws -- not the addition of new ones."

Mullin was unavailable for comment. But supporters of his measure said it would enhance safety and be easy to abide by because it was based on height and not weight.

The California Department of Motor Vehicles opposed the bill, saying that a blizzard of such laws has badly confused parents.

Earlier this year, Schwarzenegger signed legislation banning 16- and 17-year-olds from using cell phones, laptop computers and other electronic devices while driving.

Last year, he signed a bill banning drivers from holding cell phones and requiring them to use a headset or other device that frees up both hands. The cell phone bills go into effect July 1.

California will be the third state to ban smoking in cars carrying minors. Last year, Arkansas and Louisiana passed laws prohibiting motorists from smoking in cars with children up to ages 6 and 13, respectively.

In recent years, California has banned smoking near government buildings and playgrounds. In addition, many counties and cities have prohibited smoking on beaches and in parks and other public places.

Supporters cite studies that show the toxic effects of secondhand smoke. The California Environmental Protection Agency says that each year, secondhand smoke causes 31,000 asthma attacks in children.

Secondhand smoke also increases the risk of sudden infant death syndrome, bronchitis and pneumonia and has been linked to lung, heart, larynx and other cancers, experts say.

"I am so proud that my fellow legislators and the governor agree that our children must be protected from toxins in secondhand smoke," Oropeza said in a statement.

A cancer survivor, Oropeza has been an aggressive advocate for nonsmokers. Since January, legislation that she introduced last year has banned smoking in common-use areas of covered parking lots and adjacent stairwells, lobbies, lounges, waiting areas, elevators and restrooms.

The car-smoking ban was spawned by legislation previously introduced by Oropeza's close friend, former Assemblyman Marco Firebaugh. The South Gate Democrat died last year of liver failure.

Firebaugh's smoking-ban bill was defeated in 2004 in the Assembly after Republicans argued it would violate the rights of individuals to do as they pleased on their property.

This year, Democrats introduced a series of legislation that Republicans have dismissed as "nanny bills."

One measure, by Assemblywoman Sally Lieber, D-Mountain View, would have banned the spanking of children younger than 4 years.

The measure attracted international attention but died after Lieber's fellow Democrats refused to back her.

Among the bills still on the governor's desk is a measure that would require chain restaurants to list calorie, saturated fat and sodium content on menus.

About the writer:

• The Bee's Aurelio Rojas can be reached at (916) 326-5545 or arojas@sacbee.com.