Smoking ban author Sen. Jenny Oropeza, D-Long Beach, said prohibiting smoking in a car in public view is not an invasion of privacy, and she scoffed at the "nanny government" tag. "When we're talking about children's health -- life and death -- I do think there's a role for government," said Oropeza, a liver cancer survivor who resurrected the ban after two previous failed attempts. "It's foolish and irresponsible to do anything less than we can to prevent exposing children to this carcinogen."  Citing studies by the U.S. surgeon general and the California Environmental Protection Agency, the American Lung Association says babies' and children's exposure to secondhand smoke contributes to asthma, lower respiratory tract and ear infections and sudden infant death syndrome.

Arkansas, Louisiana and Puerto Rico passed such laws last year, and the city of Bangor, Maine, followed suit earlier this year. Other states now considering bans include Arizona, Illinois, Massachusetts, Montana and Utah, according to the National Conference of State Legislatures. Oropeza's bill, SB7, would make it an infraction punishable by a fine of $100 to smoke a cigarette, cigar or pipe in a car containing anyone under 18. The driver would not have to commit another traffic offense to be pulled over. Last year's bill would have prohibited smoking in a car where there's a child in a car seat. Oropeza said she believes a growing public awareness of the dangers of secondhand smoke will make the difference in passing the ban this year despite its previous failures.