H. B. 4362
(By Delegates Manypenny, Wells,
Guthrie and Perdue)
[Introduced January 28, 2014; referred to the
Committee on Roads & Transportation then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-14-16, relating to prohibiting smoking in a motor vehicle when a child is present.
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 §17C-14-16, to read as follows:
ARTICLE 14. MISCELLANEOUS RULES.
§17C-14-16. Smoking in a vehicle prohibited when child is present; penalties.
(a) It is unlawful for any driver or passenger of a motor vehicle to smoke if a child who is fifteen years of age or younger is a passenger in the vehicle.
(b) For the purposes of this section, the term “smoke” means:
(1) The possession of any lighted or heated tobacco product in any form; or
(2) Inhaling, exhaling, burning, or heating a substance containing tobacco or nicotine intended for inhalation through a cigar, cigarette, pipe or hookah.
(c) Any person violating the provisions of subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $50; upon a second conviction within one year thereafter, shall be fined not more than $100; and upon a third or subsequent conviction, shall be fined not more than $250.
NOTE: The purpose of this bill is to prohibit smoking in a motor vehicle when a child is present.
§17C-14-16 is new; therefore, it has been completely underscored.