Senate Bill 46 History
Senate Bill No. 46
(By Senators Bailey and Weeks)
[Introduced February 9, 2005; referred to the Committee
on Health and Human Resources; and then to the Committee on the
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §16-2-16, relating to
prohibiting local boards of health from requiring smoke-free
areas; allowing requirement of signs designating smoking and
nonsmoking areas under certain circumstances; and giving the
Governor the authority to allow or prohibit smoking in
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 §16-2-16, to read as
ARTICLE 2. LOCAL BOARDS OF HEALTH.
§16-2-16. Signs designating smoking and nonsmoking areas required;
local boards of health power to limit smoking in public facilities, private businesses or local
governmental offices; Governor's authority to permit
or limit smoking in state governmental offices.
A local board of health may require signs to be posted in a
conspicuous location identifying which areas in any given
structure, shop, store, office, office building, local or county
governmental office or restaurant are to be nonsmoking areas and
which are to be smoking areas following the election for smoking
areas by the owner or operator: Provided, That without an election
by the owner or operator to maintain separate areas, a local board
of health is specifically barred from mandating that certain areas
in any given structure, shop, store, office, office building, local
or county governmental office or restaurant are to be nonsmoking
areas or smoking areas or that any private business owner be
required to maintain any certain portion of his or her business
location as smoke-free.
The Governor has specific authority to allow or prohibit
smoking in state governmental offices and buildings to the extent
he or she deems appropriate.
NOTE: The purpose of this bill is to prohibit local boards of
health from mandating that local or county government or business
owners maintain a certain portion of their offices, stores or
businesses as smoke free. The bill also gives the Governor the
authority to designate smoking and nonsmoking areas in state
governmental buildings and offices.
This section is new; therefore, strike-throughs and
underscoring have been omitted.