BISMARCK The House Finance and Taxation Committee asked hard questions Thursday of proponents of Senate Bill 2070, a bill that would make smoking in cars with children present illegal.

Among the questions were why the bill was limited to cars instead of including homes as well, how the bill could be enforced if it becomes law and why the age of 16 was selected as the cutoff age for the bill.

Austin Anderson, a seventh-grade student from Williston Middle School, fielded the age question, saying that 16-year-olds are fairly independent and many of them drive on their own.

"The higher the age limit, the more kids we are protecting," he said.

Like the Chokecherry Bill of last session, this bill was initiated by a group of students from Williston under the direction of Nancy Selby, a sixth-grade teacher at Rickard Elementary School. Anderson was joined by several classmates from the middle school as well as legislators in presenting testimony for the bill.

"As a young person in a car, you don't have an option," said Rep. Patrick Hatlestad, R-Williston. "There should be someone to speak for them, in this case, the Legislature."

Anderson said there are 4,000 chemicals in a single cigarette. He also said breathing cigarette smoke results in more missed school days and lower immune system functioning.

"It isn't worth dying or hurting someone else because of smoking," he said.

Classmate Samantha Miller said second-hand smoke has been correlated with increased incidences of sudden infant death syndrome, asthma, bronchitis and pneumonia. Keely Kleven spoke against the harmful effects of particulates from smoke.

"We are happy to speak for children who cannot speak for themselves," she said.

When asked why the bill addresses only smoking in cars, she said, "We decided this would be the best place to start."

Testimony by Dennis Cooley, a professor of philosophy and ethics at North Dakota State University, said because cars are small, enclosed areas they could be regarded as a special circumstance.

In answering a question from Rep. Dan Ruby, R-Minot, Cooley said enforcing the bill if it became law wouldn't be much different than enforcing the drinking laws the state has now. A law enforcement officer would have to see a person smoking in a car with children present in order for it to count as a violation.

Hailey Bendixson, also of Williston Middle School, said four states have already passed similar laws and many others have tried it or are working on it.

"We hope we can follow and be the fifth state to pass the bill," she said.

Sandra Miller, a registered nurse and a parent from Williston, also spoke for the bill.

"Smoking is a choice, not a right, and what about the rights of infants and children?" she said.

"The people in the cars are captive people," said Sen. Stan Lyson, R-Williston, in a separate conversation. "We've got to do what we can to protect them."

Also speaking for the bill were Rep. Gary Sukut, R-Williston, and Rep. Joyce Kingsbury, R-Grafton.

In spite of the hard questions, no one spoke against the bill.

It previously passed the Senate on Feb. 2 by a vote of 35 to 10 with no amendments.