SALEM -- Smokers could get a ticket for lighting up with kids in the backseat under a bill headed for Gov. John Kitzhaber’s desk.

The Oregon House passed Senate Bill 444 Monday in a 43-15 vote, against the objections of some lawmakers who groused about it as a "nanny state" provision, or questioned its effectiveness.

The bill would allow police to ticket smokers if they were pulled over for another offense. The violation would cost $250 for the first offense and $500 for subsequent offenses.

Rep. Mitch Greenlick, D-Portland, said the bill was a nanny state provision because it would protect children, just as nannies do.

“I think this bill is really an important bill,” Greenlick said.

Rep. Jim Thompson, R-Dallas, said he understood the criticism some lawmakers lodged at the legislation, but believed it was time to take one more step in reducing public exposure to second-hand smoke.

“This is a bill whose time has come,” Thompson said. “We clearly know the effects of second-hand smoke on health.”

Thompson said the Legislature already has passed bans on smoking in bars, restaurants and legislative chambers.

“It is, however, legal to strap your kids in the back of a car and smoke them like bacon,” Thompson said.

Rep. Jeff Barker, D-Aloha, said he opposed the bill because it would make the offense of smoking in a car with a child present a secondary offense, meaning police wouldn't be able to pull over a motorist for smoking with a kid present.

Many police departments urge their officers to issue only one ticket per traffic stop, Barker said.

“If this is that important,” Barker said, “it shouldn’t be a secondary offense. It should be a primary offense.”

The Senate approved the bill in March in a 19-10 vote. It now heads to Kitzhaber, who has said he would sign it.

--Christian Gaston