Senate Bill No. 244

(By Senators Bailey, Prezioso and Anderson)

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[Introduced January 29, 1998; referred to the Committee
on Health and Human Resources.]
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A BILL to amend article one, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty- two, relating to requirement of signs designating smoking and nonsmoking areas; and authority of local or county health departments and the governor concerning smoking in public places, businesses and governmental buildings.

Be it enacted by the Legislature of West Virginia:
That article one, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twenty-two, to read as follows:
ARTICLE 1. STATE BUREAU OF PUBLIC HEALTH.
§16-1-22. Signs designating smoking and nonsmoking areas required; county health departments' 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.
Local and county health departments 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 such by the owner or operator: Provided, That without such an election by the owner or operator to maintain such separate areas, the local and county health departments are 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 require the posting of signs designating smoking and nonsmoking areas, but to prohibit county health departments 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.