After her sixth-grade class in 2007 successfully pushed to make the chokecherry North Dakota's official fruit, Nancy Selby's students from Rickard Elementary School in Williston will be back this session with another measure in their sights.

And it won't be for an official state vegetable.

Instead, Selby's 20 students from her sixth-grade class last year will be lobbying a bill that would make it illegal to drive while smoking if any passenger in the vehicle is 16 years old or younger.

The students came up with the idea last year and are pursuing it as seventh-graders this year.

Sen. Stanley W. Lyson, R-Williston, took up the bill as its primary sponsor after visiting the class and listening to the students present their research on the issue.

Lyson said he would not have thought of such a bill if it wasn't for Selby's class.

"I felt strongly enough about it to put the bill in, because these people under 16 are certainly captive people in the vehicle," Lyson said.

He said he told the class that the legislation, which has five other bipartisan sponsors, will be a tougher sell than last session's chokecherry bill, namely because it could affect other laws already on the books if passed.

Selby said the students got the idea from similar legislation passed in other states.

"It's been introduced in a number of states without very much success," she said. "It is one of those bills that will infringe on people's personal rights."

A similar law passed in Arkansas in 2006 that penalizes anyone smoking in a car that is carrying a child young enough to be in a car seat. Louisiana followed suit with a similar bill.

Selby's former students will be coming to the state Capitol this winter to testify on the bill that they researched for months after mulling over various issues to propose to the Legislature.

"It's a mature idea for 11- year-olds to come up with," Selby said.

Majority Leader Sen. Bob Stenehjem, R-Bismarck, said the bill might run into some opposition in the Senate.

"We'll see where it goes. I think it's going to be pretty tough," Stenehjem said, adding with a chuckle, "There'll be a lot of 16-year-olds walking. We'll have to lower the driving age."

Stenehjem said he is expecting more bills this session that will seek to curb smoking in the state.

Sens. Joan Heckaman, D-New Rockford, and JoNell A. Bakke, D-Grand Forks, and Williston Republican Reps. Patrick R. Hatlestad and Gary R. Sukut all co-sponsored the bill.

(Reach reporter Brian Duggan at 223-8482 or brian.duggan@;bismarcktribune.com.)