Wow! I am not certain which state you are living in, but in NC it is still legal to open a pack of cigarettes while driving and smoke in a car with a child in it.
Opening a pack of cigarettes while driving is no more distracting than unwrapping a hamburger. Smoking in a car with a child present is not dangerous to the child. Please remember that the studies "proving" the dangers of second hand smoke required the "scientists" to lower the standard of proof so low that if instituted in studies of other substances would require banning many common chemicals.
My Dad smoked like a chimney in all places and at all times. He had four children and all of us went on to become high school varsity athletes in various sports -including track and cross country. Your lungs have remarkable recuperative abilities. There was one interesting study that looked at the "safe" level of smoking. It suggested that most people could safely smoke 5+ cigarettes a day.
Now do I think opening a pack of cigarettes' while driving in traffic or smoking a car with non-smokers is a good idea? No, but but making all "bad actions" illegal is what has gotten this country into a nanny state.
That does sort of imply that some damage is being done, yes?
Regards,