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.