H. B. 4298


(By Delegates Williams and Collins)
[Introduced February 6, 1998; referred to the
Committee on Government Organization then the
Judiciary.]



A BILL to amend article nine-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto two new sections, designated sections eight and nine, all relating to restrictions on tobacco, and authority of state to regulate the use of tobacco.

Be it enacted by the Legislature of West Virginia:
That article nine-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto two new sections, designated sections eight and nine, all to read as follows:
ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.
§16-9A-8. Restrictions on use of tobacco products.
The secretary of the department of health and human resources shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty- nine-a of this code, which will govern the use of tobacco products in public places throughout this state.
§16-9A-9. Statewide uniformity.
It is the intent of the Legislature that this article and the rules authorized pursuant to this article shall be implemented in an equitable and uniform manner throughout this state and shall be enforced to ensure the eligibility for and receipt of any federal funds or grants that this state now receives or may receive relating to the provisions of this article. In order to ensure that this article and the rules authorized by this article are equitably and uniformly enforced, no county, city, town, department, or board or agency thereof, and no other political subdivision or agency of this state, except the department of health and human resources, may enact or enforce any laws, ordinances, rules or regulations concerning the sale, distribution, display, use, advertising or promotion of tobacco products. Any such law, ordinance, rule or regulation concerning the sale, distribution, display, use, advertising or promotion of tobacco products that is in effect on the effective date of this article is hereby declared null and void. This article and its provisions occupy the whole field of regulation regarding the sale, distribution, display, use, advertising or promotion of tobacco products.


NOTE: The purpose of this bill is to ensure the uniform and equitable implementation of regulations regarding the use of tobacco by giving the state, rather than counties or municipalities, sole responsibility for the regulation of tobacco.

Sections eight and nine are new; therefore, strike-throughs and underscoring have been omitted.