The state of West Virginia, known for having the highest percentage of adult smokers in the country according to CDC data, is considering joining 11 other states in prohibiting smoking in cars when children are present.

On Monday, the state Senate approved a bill that would impose fines on individuals who are caught smoking or carrying a lit tobacco product in a vehicle with a passenger under the age of 16. The bill was passed with a vote of 25-8 and will now be sent to the House of Delegates. Similar legislation has not been successful in the House in the past, making the outcome of this bill uncertain.

Tom Takubo, the leader of the majority in the Senate and a former doctor, made a commitment to a patient whose father was a frequent smoker that he would attempt to prohibit smoking in cars with children in West Virginia. Takubo has consistently introduced this legislation since 2017, but it has yet to gain significant support.

The Republican representative from Kanawha County and a doctor specializing in lung health stated that the bill was motivated by a non-smoking patient who experienced a 50% loss of lung function. According to Takubo, when her father smoked, the patient had to physically crouch under the car seat to avoid the secondhand smoke.

Offenders would be charged with a misdemeanor and may receive a fine of up to $25. However, this would only be enforced as a secondary offense, meaning smoking in the presence of children cannot be the primary cause for a traffic stop.

Senator Mike Azinger, a member of the Republican Party in Wood County, stated that the government should not interfere with the rights of parents.

Azinger argues that the bill is based on emotions rather than facts. He believes that it interferes with the basic rights of parents to make decisions for their children in their own vehicle. He also thinks that the state should not be involved in this matter.