COMMITTEE SUBSTITUTE

FOR


Senate Bill No. 219

(By Senators Prezioso, Stollings, Foster and White)

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[Originating in the Committee on Health and Human Resources;

reported January 31, 2007.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-9A-10, relating to prohibiting smoking of tobacco products in a motor vehicle when an individual less than eighteen years of age is present; setting forth legislative findings; and providing penalties.

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 §16-9A-10, to read as follows:
ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.

§16-9A-10. Smoking prohibited in motor vehicle when persons under eighteen years are present; penalties.

(a) The Legislature finds and declares that it is the policy of this state to protect minors from the dangers of secondhand smoke. The Legislature further finds that minors are often subjected to secondhand smoke within the confined area of a motor vehicle as a necessity of availing themselves of available transportation. It is the intent of the Legislature to ease the dangers of secondhand smoke in motor vehicles by prohibiting lit tobacco products in certain motor vehicles while anyone under the age of eighteen is present.
(b) No person may smoke or possess a lit tobacco product in a motor vehicle if an individual less than eighteen years of age is in the motor vehicle.
(c) For purposes of this section:
(1) A "lit tobacco product" is any lighted pipe, cigarette, cigar or other lighted device or product containing a tobacco based product manufactured or made for the purpose of smoking.
(2) A motor vehicle is defined as a Class A, Class B, Class H or Class J vehicle as those terms are defined in section one, article ten, chapter seventeen-a of this code.
(d) Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty nor more than two hundred fifty dollars.
(e) Nothing in this section is meant to limit any local ordinance or regulation with respect to protection of the public from exposure to tobacco smoke.



NOTE: The purpose of this bill is to prohibit the use of lit tobacco products in a motor vehicle where individuals under the age of eighteen are present.

This section is new; therefore, strike-throughs and underscoring have been omitted.