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

CHARLESTON, W.Va. (AP) 鈥 West Virginia, which has the highest rate of adult cigarette use in the nation, became the 12th state to ban smoking in vehicles with children present under a bill signed by Republican Gov. Jim Justice on Friday.
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FILE - West Virginia Gov. Jim Justice delivers his annual State of the State address in the House Chambers of the state Capitol, Jan. 11, 2023, in Charleston, W.Va. Justice signed a bill Friday, March 22, 2024, that would ban smoking in cars with children present. West Virginia has the highest rate of adult cigarette use in the nation. (AP Photo/Chris Jackson, File)

CHARLESTON, W.Va. (AP) 鈥 West Virginia, which has the highest rate of adult cigarette use in the nation, became the 12th state to ban smoking in vehicles with children present under a bill signed by Republican Gov. Jim Justice on Friday.

But violators can only be fined up to $25 if they鈥檙e pulled over for another offense. Smoking with children present cannot be the main reason a driver is stopped.

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

Justice didn't comment on the bill, which was among 15 he signed Friday. West Virginia's 60-day legislation session ended on March 9.

The bill originated in the Republican-dominated state Senate, whose majority leader, Tom Takubo, is a lung doctor. 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 it almost an annual effort since 2017 to introduce the legislation.

The biggest hurdle came , where it won narrow passage after Republican Del. John Hardy called it 鈥渏ust another big government bill.鈥

鈥淭he next step is your home. The next step may be your business. Where are we moving this to?鈥 Hardy said. 鈥淭his is the most un-Republican bill that I鈥檝e ever seen in my life.鈥

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

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

鈥淚t may seem trite to some, but I鈥檝e been there. I鈥檝e experienced that,鈥 Ferrell said. 鈥淚t鈥檚 a horrible situation I wouldn鈥檛 wish on any other child.鈥

The GOP-led House later gave final passage to the legislation without debate.

John Raby, The Associated Press