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Introduced Version House Bill 4362 History

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Key: Green = existing Code. Red = new code to be enacted

H. B. 4362

 

         (By Delegates Manypenny, Wells,

         Guthrie and Perdue)

 

         [Introduced January 28, 2014; referred to the

         Committee on Roads & Transportation then the Judiciary.]

 

 

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-14-16, relating to prohibiting smoking in a motor vehicle when a child is present.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §17C-14-16, to read as follows:

               ARTICLE 14. MISCELLANEOUS RULES.

§17C-14-16. Smoking in a vehicle prohibited when child is present;               penalties.

    (a) It is unlawful for any driver or passenger of a motor vehicle to smoke if a child who is fifteen years of age or younger is a passenger in the vehicle.

    (b) For the purposes of this section, the term “smoke” means:

    (1) The possession of any lighted or heated tobacco product in any form; or

    (2) Inhaling, exhaling, burning, or heating a substance containing tobacco or nicotine intended for inhalation through a cigar, cigarette, pipe or hookah.

    (c) Any person violating the provisions of subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $50; upon a second conviction within one year thereafter, shall be fined not more than $100; and upon a third or subsequent conviction, shall be fined not more than $250.

 

    NOTE: The purpose of this bill is to prohibit smoking in a motor vehicle when a child is present.


    §17C-14-16 is new; therefore, it has been completely underscored.

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