Heavy-smoking West Virginia becomes the 12th state to ban lighting up in cars with kids present

CHARLESTON, W.Va. — West Virginia, which has the highest rate of cigarette use among adults in the country, became the 12th state to ban smoking in vehicles with children present under a bill signed Friday by Republican Gov. Jim Justice.

But violators can only be fined up to $25 if they are stopped for another violation. Smoking in the presence of children cannot be the main reason a driver is stopped.

According to the Centers for Disease Control and Prevention, about 22% of adults in West Virginia smoked in 2021, the latest year available. The CDC says there is no safe level of exposure to secondhand smoke.

Justice did not comment on the bill, which was among 15 he signed on Friday. West Virginia’s 60-day legislative session ended on March 9.

The bill comes from the Republican-dominated Senate, whose majority leader, Tom Takubo, is a pulmonologist. Takubo has said he made a promise long ago to a patient whose father was a heavy smoker that he would try to get such legislation passed. Takubo has made almost annual efforts to introduce the legislation since 2017.

The biggest hurdle came in the House Finance Committee, where it received a narrow pass after Republican Del. John Hardy called it “just another big bill.”

“The next step is your house. The next step could be your business. Where do we move this?” Hardy said. “This is the most un-Republican bill I have ever seen in my life.”

Republican Del. Dana Ferrell said sometimes the government needs to intervene for the safety and well-being of children.

Ferrell said that when he and his siblings were younger, his parents smoked in the car. He recalled the children trying to hide in the backseat near the floor in an attempt to shield their faces.

“It may seem corny to some, but I’ve been there. I’ve been through that,” Ferrell said. “It’s a terrible situation that I wouldn’t wish on any other child.”

The Republican Party-led House later gave final approval to the legislation without debate.