The bill would make it illegal for anyone, not just the driver, to smoke in a car that is moving or parked with a child under the age of 16 inside the vehicle.

A controversial question is up for debate just down the Thruway. Should New York drivers get pulled over and even fined if they are caught smoking with kids in their car?

Erie County Legislator Patrick Burke believes they should. He is pushing a new bill on the local level with the goal of eventually making it a law that would affect anyone driving through the Buffalo area.

The bill would make it illegal for anyone, not just the driver, to smoke in a car that is moving or parked with a child under the age of 16 inside the vehicle.

Currently, there is no similar ban in Monroe County but other areas such as Rockland County and Schenectady have similar laws on the books.

Opponents still argue there are many questions that need to be answered. How would a ban like this be enforced? How effective is it? Does it infringe on your civil liberties?

If this bill passes, violators would be fined $50 the first time and up to $150 for repeat offenses.