Clear the Air

HB2773 is a bill relating to prohibited access and usage of tobacco products by minors. It increases the monetary penalties for selling tobacco products to minors; and providing that the sale or furnishing of tobacco products to minors may constitute grounds for dismissal as an act of misconduct; clarifying the impact of such a dismissal on the discharged employees’ eligibility to receive unemployment benefits; and increasing the monetary penalties for minors possessing tobacco products.

The bill, if passed by the Senate and signed by the Governor, will amend Sections §16-9A-2 and §16-9A-3 of the Code of West Virginia:

Increasing penalties for any individual who violates any of the provisions of this code are summarized as:

(1) guilty of a misdemeanor and, upon conviction thereof, shall be fined $100 (was $25) for the first offense.

(2) misdemeanor and at least $250 fine (was $100) but not more than $500 (was $200) for a second offense,

(3) misdemeanor and at least $500 fine (was $200) but not more than $750 (was $500) for the third offense,

(4) misdemeanor and at least $1,000 but not more than $5,000 for any subsequent offenses,

(5) Any individual who knowingly and intentionally sells, gives or furnishes or causes to be sold, given or furnished to any person under the age of eighteen years any cigar, cigarette, snuff, chewing tobacco or tobacco product, in any form, is guilty of a misdemeanor and, upon conviction thereof, for the first offense shall be fined not more than $100; upon conviction thereof for a second or subsequent offense, is guilty of a misdemeanor and shall be fined not less than $100 nor more than $500.

(6) Any employer who discovers that his or her employee has sold or furnished tobacco products to minors may dismiss such employee for cause. Any such discharge shall be considered as “gross misconduct” for the purposes of determining the discharged employee’s eligibility for unemployment benefits in accordance with the provisions of section three, article six, chapter twenty-one-a of this code, if the employer has provided the employee with prior written notice in the workplace that such act or acts may result in their termination from employment.

Introduced in the West Virginia House of Delegates today was HB4507 which would allow any person or business to appeal decisions of local boards of health to the county commission. The legislation, as proposed, is retroactive and would place all actions made by West Virginia’s 49 boards of health for the PAST THREE YEARS - as well as all future actions - in jeopordy.

This is the latest of a number of bills aimed at weakening local boards of health and politicizing the decisions they make.

The obvious target of this legislation are the many clean indoor air regulations put in place over the past several years. The lead sponsor of the bill, Delegate Doug Reynolds, has been a vocal opponent of the new clean indoor air regulation passed in Cabell County last month. This bill, however, would apply to ALL DECISIONS AND ACTIONS of local boards of health and would place special interests above the interest of protecting public health.

Other sponsors of this legislation are Delegates Border, Skaff, Sobonya, C. Miller, D. Walker, Campbell, Spencer, Poore, Hunt and Manchin.

The bill is single referenced to the House Judiciary Committee and could move very quickly.

 Time is critical in contacting members of this committee to urge their REJECTION of this dangerous and ill-conceived legislation.

Members of the Judiciary Committee and contact information:

Delegate Miley - Chair - (304) 340-3252

Delegate Hunt - Vice-Chair - (304) 340-3392

Delegate Ellem - Minority Chair - (304) 340-3394

Delegate Lane - Minority Vice-Chair - (304) 340-3275

Delegate Barker - (304) 340-3149

Delegate Brown - (304) 340-3106 

Delegate Caputo -  (304) 340-3249

Delegate Ferro - (304) 340-3111

Delegate Fleischauer - (304) 340-3169

Delegate Frazier - (304) 340-3396 

Delegate Hutchins - (304) 340-3270

Delegate Longstreth - (304) 340-3124 

Delegate Michael - (304) 340-3340

Delegate Moore - (304) 340-3189 

Delegate Ross - (304) 340-3145

Delegate Shook - (304) 340-3173

Delegate Skaff - (304) 340-3362 

Delegate Susman - (304) 340-3183

Delegate Wells - (304) 340-3287

Delegate Wooton - (304) 340-3164

Delegate Hamilton - (304) 340-3167

Delegate Overington - (304) 340-3148

Delegate Schadler - (304) 340-3191

Delegate Schoen - (304) 340-3141

Delegate Sobonya - (304) 340-3175

Call members of this committee IMMEDIATELY and express your opposition to HB 4507!

The budget proposed by Governor Manchin and currently under consideration by the West Virginia Legislature would reduce tobacco prevention and education funding by $656,318 or a whopping 11.5%!

A cut of this magnitude can only result in a reduction of tobacco prevention programming in the state. While these are indeed tough budget times, it makes no sense to cut a program that is saving lives and healthcare dollars. Currently West Virginians pay $690 million annually in health care costs directly caused by smoking. That is a severe burden on the state’s economy, which will only get worse if the state cuts funding for programs proven to prevent kids from smoking and help smokers quit.

Even before this latest proposal, West Virginia was falling short in funding tobacco prevention and cessation programs. West Virginia this year is spending $6.9 million on these programs – $5.7 million in state funds and a $1.2 million federal grant. This total is less than a quarter of the $27.8 million recommended by the U.S. Centers for Disease Control and Prevention (CDC). Governor Manchin has proposed cutting funding by $656,318.

These resources are critical to reducing tobacco’s devastating toll in West Virginia. West Virginia currently has the highest adult smoking rate in the nation at 26.6 percent. In addition, 27.6 percent of high school students smoke, and 2,400 more kids become regular smokers every year. Each year, tobacco use claims 3,800 lives in West Virginia.

This cut is currently under consideration of the House and Senate Finance Committees and they need to hear from tobacco control advocates loud and clear that these cuts are short-sighted and will only serve to weaken West Virginia’s already insufficient tobacco prevention efforts.

Contact your members on the House Finance Committee and Senate Finance Committee right away and urge them to OPPOSE any budget cut to tobacco prevention and education programs.