West Virginia 2022 Regular Session

West Virginia House Bill HB2754

Introduced
1/12/22  

Caption

Prohibiting smoking in an enclosed motor vehicle when a child under the age of eight is present

Impact

The legislation is intended to improve public health outcomes for young children who are particularly vulnerable to the harmful effects of secondhand smoke. By preventing exposure in a confined space, the bill seeks to reduce health risks associated with smoking, especially for minors under age eight. This measure reflects growing concerns surrounding childhood exposure to tobacco smoke and aims to foster safer environments for children, especially when they are in vehicles.

Summary

House Bill 2754 aims to enhance the protection of children by prohibiting smoking in an enclosed motor vehicle when any child under the age of eight is present. The bill defines 'smoke' as the act of carrying or holding any lit tobacco product or smoking equipment. If enacted, violators of this law could face a fine of up to $25. However, enforcement is limited to situations where there is probable cause for another traffic violation, meaning officers cannot stop drivers solely for this infraction.

Sentiment

The reception of HB 2754 has been generally positive, particularly among health advocates and organizations focused on child welfare and public safety. Supporters emphasize the importance of protecting children from the harmful effects of secondhand smoke. However, some individuals may express concern over personal freedoms and potential enforcement challenges, suggesting that while the intention of the bill is commendable, its implementation could raise issues regarding government overreach into personal choices.

Contention

One notable point of contention related to the bill is the enforcement mechanism. The stipulation that the law would only be enforced as a secondary action may limit its overall effectiveness. Critics argue that this could result in limited compliance and monitoring unless clear enforcement policies are established. The debate around the bill also highlights broader discussions about legislative measures to protect public health versus maintaining individual rights.

Companion Bills

No companion bills found.

Previously Filed As

WV SB102

Prohibiting smoking in vehicle when minor 16 or under is present.

WV SB378

Prohibiting smoking in vehicle when minor 16 or under is present

WV SB139

Prohibiting smoking in vehicle when minor 16 or younger is present

WV A4304

Prohibits smoking in automobile when children are present.

WV A3641

Prohibits smoking in automobile when children are present.

WV S1461

Prohibits smoking in automobile when children are present.

WV HB05807

An Act Concerning Smoking In Motor Vehicles When Children Are Present.

WV HB753

Smoking; Class 3 misdemeanor for any person who smokes in presence of a minor under the age of 15.

WV SB00026

An Act Prohibiting Smoking In Motor Vehicles When A Child Is Present.

WV HB05380

An Act Prohibiting Smoking In Motor Vehicles With Minor Children.

Similar Bills

No similar bills found.