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Governor backs ban on smoking in cars

By The Associated Press wire report January 22, 2008 05:15 PM

AUGUSTA - Legislation that would make Maine the latest state to ban smoking in cars while children are present drew a strong showing of support before committee Tuesday, and Gov. John Baldacci's office said he likely would sign it.

A pair of bills before the Health and Human Services Committee would prohibit smoking in a motor vehicle when someone under 18 years of age is present.

The bills, which are modeled after a Bangor city ordinance, would subject violators to $50 fines or, at the discretion of law enforcement officers, written warnings. Arkansas, California, Louisiana and Puerto Rico have enacted similar smoking bans.

A procession of public health and groups and children's advocates urged the committee to support the bill, which they said gives children a voice to protect themselves from the dangers of secondhand smoke. No one testified against the identical bills, one sponsored by a Republican and the other by a Democrat.

Lawmakers did express some concern about whether such a law would lead to state controls over what Mainers do in their homes.

Gordon Smith, a lawyer who represents the Maine Medical Association, acknowledged the private property issue. With a car, he said, "you are on a public road and you have to have a license."

"But the law does not stop at the front door to your house. You can't beat your child, you can't neglect your child. There are a great many things you can't do at home," said Smith. "I don't know where this is going to stop, but this bill deals with automobiles."