Here's something from my local New York State assemblyman which shows that politicians have been thinking about this although haven't gotten around to passing it.

-Mike Feng
87 Vanagon GL
63 Beetle

From: "Martin Luster" <lusterm@assembly.state.ny.us>
To: <mf29@cornell.edu> (Michael Feng)
Subject: smoker motor law
Date: Thu, 2 Sep 1999 10:25:24 -0400

Mike,
 
The bill you heard about is A.3990/S.5061.  It prohibits smoking in your car if you have a minor younger than 16 years old riding with you.  The fine for a first offense under this proposal would be $500.00; for a second offense, $1,000.00; for a third offense $1,500.00 or 10 days in jail.
 
This bill is NOT law. In fact, it has been kicking around the legislature for a while and has never gone anywhere. If you want a copy, you might find it on the assembly web site or we would be happy to provide one.  Just send us your snail mail address.
 
Margaret Johnson
Legislative Aide