Senate Approves Bill To Prohibit Smoking In Car With Minors, And Lawmakers Talk Crime, Punishment Legislation, This West Virginia Morning

On this West Virginia Morning, bills about crime and punishment come before the state legislature every year. Often, they adjust punishment or even establish a new section of the state’s criminal code. For The Legislature Today, Randy Yohe spoke with Del. Shawn Fluharty, D-Ohio, and Sen. Mike Stuart, R-Kanawha, and a former U.S. attorney, to get their take on bills before both chambers.

On this West Virginia Morning, bills about crime and punishment come before the state legislature every year. Often, they adjust punishment or even establish a new section of the state’s criminal code. For The Legislature Today, Randy Yohe spoke with Del. Shawn Fluharty, D-Ohio, and Sen. Mike Stuart, R-Kanawha, and a former U.S. attorney, to get their take on bills before both chambers.

Also, in this show, a bill passed the state Senate Monday that would prohibit anyone smoking in the car with a minor. Briana Heaney has that story.

West Virginia Morning is a production of West Virginia Public Broadcasting which is solely responsible for its content.

Support for our news bureaus comes from Shepherd University.

Eric Douglas is our news director and producer.

Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning

Senate Takes On School Discipline, Other Bills

Teachers may have the ability to remove troubled children from elementary school classrooms if Senate Bill 614 becomes law. The bill sparked a lot of debate on the chamber floor. It gives kindergarten through sixth grade teachers the ability to remove children from classes or from school if they are exhibiting certain behavior like threatening teachers or classmates or otherwise creating an unsafe learning environment. 

Teachers may have the ability to remove troubled children from elementary school classrooms if Senate Bill 614 becomes law. The bill sparked a lot of debate on the chamber floor. It gives kindergarten through sixth grade teachers the ability to remove children from classes or from school if they are exhibiting certain behavior like threatening teachers or classmates or otherwise creating an unsafe learning environment. 

Sen. Amy Grady, R-Mason, is the lead sponsor of this bill and a school teacher herself. She said the bill is to help address the teacher shortage in the state. 

“One of the major issues that we are seeing is that teachers are leaving the profession in droves,” Grady said.  

She said the number one reason they are leaving is teachers don’t feel they are given the authority in addressing disturbances in the classroom. 

“We’re seeing violent and threatening behaviors in students as young as kindergarten that we’ve never seen before. How will this address it? This helps give the teacher a voice,” Grady said.  

She said that often an administrator will remove the child from the class, and then put them right back. 

“This gives teachers more of a voice to say, I feel unsafe, this child is being violent, my other students are unsafe, and they need to be removed from the classroom for today,” Grady said.  

However, some opponents of the bill, like state school board members and the Kanawha County Schools General Counsel, say that this bill takes students out of the best environment for them – the learning environment – where they are surrounded by people trained to help children. 

Others like Sen. Mike Woeflel, D-Cabell, questioned why this bill is not accompanied with funding or other initiatives to help children who are being disruptive in the classroom. 

“If you have a child that’s misbehaving to this point,” Woeflel said. “He or she has other issues that are giving rise to this behavior and needs resources to address those issues. So it seems to me there would be funding here for counseling or intervention within the family or there’s no funding that goes to implement this bill.” 

There is a shortage of school counselors in the state. Currently, there are 306 students for every one counselor in West Virginia public school systems. 

Senate Bill 378

Another notable bill before the full Senate was Senate Bill 378, which would fine anyone smoking in the car in the presence of someone under the age of 16. 

Lead sponsor of the bill, Sen. Tom Takubo, R-Kanawha, and a pulmonologist, said he has received letters in support of the bill. He read excerpts from a letter on the Senate floor from a man in Mingo County whose parents smoked in the car with him. 

“He too, grew up in a car full of that heavy smoke,” Takubo said. “It made him so short of breath, so constricted, that it made him cough to the point of vomiting, amongst other things. Then [he] went on to say his brother died of lung cancer. Another sister with brain cancer died of emphysema.”

The bill states the fine for smoking in the car with a minor would be $25. 

He said the bill will double as a public service announcement to parents so they rethink smoking in the car with their children present.  

However, Mike Azinger, R-Wood, said this is a violation of parental rights.  

“Parents make this decision over their children, in their vehicle,” Azinger said. “This is where the state has no business going. So I would urge a no vote.”

The bill passed with 25 – 8. . 

Senate Bill 590

Currently a city, county, or municipality could set a minimum wage higher than the state minimum wage of $8.75. A bill passed by the Senate Monday seeks to change that. 

Sen. Charles Trump, R-Morgan, voted for the bill. He said because there are currently no municipalities in the state that have their own minimum wage, this is a preventative measure. He said the bill protects both business and low income earners. 

“If you have a state minimum wage, and some municipality says, ‘nope, the minimum wage here is twice that’,” Trump said. “It hurts the people in that municipality, because jobs go away. It eliminates jobs. And that’s what we want to prevent, make sure nothing like that ever happens.” 

Advocates Ask Legislators For Tobacco Cessation Funding

On Monday, lawmakers heard from cancer patients, survivors and advocates during Cancer Action Day.

Advocates asked lawmakers to reduce the burden of cancer on West Virginians by increasing funding for the state’s tobacco control program on Cancer Action Day at the Capitol.

Linda Hart, state lead ambassador for the American Cancer Society Cancer Action Network, lost her first husband to lung cancer 25 years ago.

“That’s one of the main reasons I’m here,” Hart said. “I also lost my dad to lung cancer. It actually was 33 years ago yesterday since he passed away from lung cancer. So that’s my mission to come and share my story.”

Hart said she wants legislators to support legislation that prevents youth from trying tobacco products.

“We need to do more to prevent smoking among our young people,” Hart said. “If they don’t start, they don’t have to try to quit.”

Hart said she spent time at the capitol educating lawmakers on House Bill 4983 which would fund the Tobacco Use Cessation Initiative.

“And we have, we have us one sponsor and eight or nine others that have co-signed on, so we’d like to get them all on board for it,” Hart said.

Doug Hogan, government relations director for the Cancer Action Network, said the most important part of Cancer Action Day is connecting their volunteers with lawmakers.

“So that they can share their stories with their legislators, they’re meeting with their delegates, they’re meeting with their senators, and they’re sharing their stories and why they’re so passionate about policies that will help us end cancer as we know it for everyone,” Hogan said.

Hogan said House Bill 4983 would set aside $5 million in funding dedicated to tobacco prevention and cessation. 

“We think that’s a great start with those funds,” Hogan said. “And that infusion of monies, we can really make a dent in the prevention aspects. What we want to do is take a step back and look at prevention.”

Hogan said the funds would be used to keep kids from experimenting with vaping or tobacco products and provide resources for adults who want to quit.

“So we’ll be able to as well avert health care costs for businesses as well as this investment,” Hogan said. “So that’s what we’re looking for really is just an input least investment in tobacco prevention and cessation, we feel that with that increased investment, we can protect our kids so they don’t grow up into being addicted to adults.”

According to the American Cancer Society Cancer Action Network, smoking remains the leading cause of preventable death in West Virginia and the state has the highest adult smoking rate in the country.

Senate Health Committee Focuses On Tobacco Cessation and Lung Health

A bill prohibiting smoking in a vehicle when a minor is present passed the Senate Committee on Health and Human Resources on Tuesday.

If Senate Bill 378 is signed into law, a person 18 or older would not be allowed to possess or smoke a lit tobacco product in a motor vehicle when a person 16 years or younger is present.

Violators of the possible new law could be charged with a misdemeanor and subject to a $25 fine if they’re already being pulled over for committing another code violation.

Sen. Tom Takubo, R-Kanawha and vice chair of the committee, spoke in favor of passage of the bill.

“It’s the most severe thing in terms of fear of any patient when they have a condition where they literally can’t breathe,” Takubo said. “And when you’re in a confined space, like a vehicle, these kids’ asthma flare tremendously.”

The bill was passed by the Senate Committee on Health and Human Resources and now heads to the full Senate for their consideration.

Senate Bill 514 was also considered by the committee. This bill creates the Lung Cancer Screening and Education Act, directing the West Virginia Department of Health to establish a public education outreach campaign to publicize lung cancer screening and education services.

According to counsel, the bill also creates a fund that would be annually funded by $100,000 from tobacco tax funding and may include money appropriated by the legislature or by the federal government. The bill also allows for public and private funding sources.

To qualify for a lung screening under Senate Bill 514, a patient’s income must be at or below 300 percent of the federal poverty level. Also, the patient must be medically eligible, which includes, but is not limited to 50 to 80-year-olds who have at least a “20 pack year” smoking history and who are currently smoke, or have quit within the past 15 years.

The bill describes a “pack year” as smoking an average of one pack of cigarettes per day for one year. So based upon the language in the bill, a person would have a 20-pack-year history of smoking one pack a day for 20 years.

The fund must be the patient’s last resort and payment for the procedure can be adjusted yearly based upon inflation.

Takubo also spoke in favor of Senate Bill 514, citing statistics from 1950 to show just how far the United States has not come.

“When you go back to 1950, the overall survival for lung cancer was 8 percent,” Takubo said. “Speed all the way up to 2013 and the survival rate only went to 15 percent. It hadn’t even doubled – a 7 percent improvement in 63 years in advances in medicine.”

Takubo said the availability of lung screenings could save lives.

“If you’re in that high risk pool, just getting a low-dose CAT scan, you lay on the table, hold your breath, in and out,” Takubo said. “It’s that fast. No needle sticks, no contrast. That one test alone decreased the risk of dying by 20 percent.”

Takubo also said that about 8 percent of West Virginians qualify for a screening.

Appalachia Health News is a project of West Virginia Public Broadcasting with support from Charleston Area Medical Center and Marshall Health.

Dental Hygienists Could Aid Tobacco Cessation Under Senate Bill

On Thursday, the West Virginia Senate voted unanimously to grant dental hygienists legal permission to provide clients tobacco cessation services.

Dental hygienists might soon be able to provide their clients tobacco cessation services. But their legal ability to do so first depends on a vote from the West Virginia House of Delegates, after unanimous approval from the West Virginia Senate on Thursday.

Senate Bill 357 places tobacco cessation services within the practice of dental hygienists, given the negative effects tobacco consumption can have on dental health.

Earlier this week, a report released by the American Lung Association found that West Virginia has the lowest ranking possible in tobacco prevention funding and access to tobacco cessation services.

Sen. Vince Deeds, R-Greenbrier, sponsored the bill alongside Sen. Michael Maroney, R-Marshall. Deeds described it as an effort to expand tobacco cessation resources available for West Virginians.

Deeds said that dental providers are particularly equipped to offer insight into the dangers of tobacco consumption and vaping because they see its after-effects frequently.

Dental hygienists “have an opportunity to educate everyone about their dental health,” Deeds said. “They see the side effects from any kind of tobacco, whether it’s the smokeless tobacco or the vapes.”

In particular, Deeds said that the rise in vape consumption among youth and teenagers warrants new educational resources regarding the dangers of smoking.

“Young people are exposed to a lot of tobacco products through vapes,” Deeds said. “We hope that this is an initial step of educating our young people.”

West Virginia Earns Failing Grades In Tobacco Use

West Virginia has once again scored failing marks on its annual State of Tobacco Report Card.

A new report from the American Lung Association reveals West Virginia has the worst rates of smoking in the nation for adults and high school students.

The 22nd annual report evaluates state and federal policies on actions taken to eliminate tobacco use and recommends preventative tobacco control laws and policies.

“We provide states sort of a report card, just like you would get in school, and for West Virginia’s report card, it was almost exactly straight Fs with one D,” said Aimee VanCleave, advocacy director for the ALA of West Virginia. “So not the kind of report card that anyone would be proud of.”

The report notes the need for policymakers use tobacco settlement money and taxes to reduce tobacco use. l.

“West Virginia policymakers have an opportunity to address high rates of tobacco use by increasing funding for tobacco control, and eliminating punitive use possession,” VanCleave said. “So what that means, in short, is West Virginia receives over $200 million from tobacco settlement payments and tobacco taxes that could be used to help programs that would help people stop using tobacco. But they only extended less than half a million of that funding to tobacco control efforts.”

The report outlines calls to action including increasing funding for tobacco prevention and quit-smoking programs and eliminating punitive youth possession use and purchase laws.

“That’s why we’re urging the governor and the state legislature to address the disproportionately high burden of tobacco use by increasing funding for our tobacco control programs,” VanCleave said. “Then eliminating programs that are not effective, like punitive measures for youth possession, use and purchase laws.”

According to the report, the adult smoking rate in West Virginia is 21 percent, while the high school tobacco use rate is 27 percent, meaning almost a third of high school students are using tobacco.

The report also recommends passing a comprehensive smoke-free law.

“The U.S. Surgeon General has concluded there’s no safe level of exposure to secondhand smoke,” VanCleave said. “We know that passing a comprehensive smoke free law would eliminate smoking and all public places and workplaces. So restaurants, bars, casinos, things that will protect workers across the state from exposure to something that we know is deadly and cancer-causing.”

Tobacco use is the leading cause of death in West Virginia, taking an estimated 4,280 state residents each year, according to the ALA.

“It takes the lives of 1000s of state residents every year, VanCleave said. “And the tobacco industry will do absolutely anything to protect their profits at the expense of West Virginia lives. So it’s up to us. And it’s up to the West Virginia legislature in particular, to push forward in our efforts to prevent and reduce tobacco use. So that’s why we’re calling on state policymakers to expand tobacco control funding to address the high rates of tobacco use, including and among young West Virginians.”

Appalachia Health News is a project of West Virginia Public Broadcasting with support from Charleston Area Medical Center and Marshall Health.

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