Senate Bill No. 244
(By Senators Bailey, Prezioso and Anderson)
[Introduced January 29, 1998; referred to the Committee
on Health and Human Resources.]
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
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.