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Introduced Version Senate Bill 455 History

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sb455 intr
Senate Bill No. 455

(By Senators Foster and Chafin)

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[Introduced March 4, 2009; referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §47-25-1, §47-25-2, §47-25-3 and §47-25-4 , all relating to establishing the Protect Children from Dangerous Lighters Act; short title; legislative findings; definitions; and banning certain novelty lighters in conformance with federal Consumer Product Safety Commission.

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 article, designated
§47-25-1, §47-25-2, §47-25-3 and §47-25-4 , all to read as follows:
ARTICLE 25. THE PROTECT CHILDREN FROM DANGEROUS LIGHTERS ACT.
§47-25-1. Short title.
The article may be cited as the "Protect Children from Dangerous Lighters Act."
§47-25-2. Legislative findings.
The Legislature finds and declares that: (1) Lighters are inherently dangerous products containing flammable fuel; (2) if lighters are used incorrectly or used by children, dangerous and damaging consequences may result; (3) novelty lighters are easily mistaken by children and adults as children's toys or as common household items; and (4) novelty lighters have been the cause of many personal injuries to children and adults and property damage throughout the state.
§47-25-3. Definitions.
"Novelty lighter" means a device typically used for the igniting or lighting of cigarettes, cigars or pipes that has a toy-like appearance, has entertaining audio or visual effects, or resembles in any way in form or function an item that is commonly recognized as appealing, attractive, or intended for use by children of ten years of age or younger, including, but not limited to, toy animals, cartoon characters, cars, boats, airplanes, common household items, weapons, cell phones, batteries, food, beverages, musical instruments and watches.
§47-25-4. Ban of novelty lighters.
(a) A novelty lighter is treated as a banned hazardous substance as defined in section two of the Federal Hazardous Substances Act (15 U.S.C. 1261) and the prohibitions set out in section four of this act (15 U.S.C. 1263) applies to novelty lighters.
(b) Subsection (a) of this section applies to a novelty lighter: (1) Manufactured on or after January 1, 1980; and (2) that is not considered by the Federal Consumer Product Safety Commission to be an antique or an item with significant artistic value.



NOTE: The purpose of this bill is to
establish the "Protect Children from Dangerous Lighters Act"; short title; legislative findings; definitions; and banning certain novelty lighters in conformance with Federal Consumer Product Safety Commission

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




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