Introduced Version
Senate Bill 219 History
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Committee Substitute (2)
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Committee Substitute (1)
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 219
(By Senators Prezioso, Stollings, Foster and White)
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[Introduced January 26, 2007; referred to the Committee on Health
and Human Resources.]
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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.
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.
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