Senate approves bill allowing for indoor smoking exemptions

The full House of Delegates will next take up the bill that would exempt certain veterans’ organizations from county indoor smoking bans and let other businesses like racetracks and video lottery establishments request such exemptions.

The Senate approved the bill 22-12 on Wednesday, a day that brought more than 50 supporters of Mountaineer Casino Racetrack & Resort to the State Capitol.

 “We’re basically here to support the bill and to show a presence in Charleston and how important an issue this is for the Northern Panhandle,” said Joe Billhimer, chief operating officer and executive vice president for Eldorado Resorts.

His company owns and operates Mountaineer Casino Racetrack & Resort which is located in Hancock County where a ban on indoor smoking in all public places will take effect on July 1.

Billhimer said it’s not clear now what long-term impact that smoking ban will have on the casino, but he said some projections have indicated the business loss could total as much as 17-percent.

“That’s a really tough question but, obviously, as revenues go down it affects jobs,” he said.

With the proposal, VFW and American Legion sites would automatically be exempt. County commissions would make the final decisions on any other requested exemptions. County health boards, made up of appointees, currently are responsible for indoor air regulations.

“It takes and makes people accountable. Where the health board has health to consider, they don’t have to consider economic factors. They didn’t consider economic factors. They didn’t listen to economic factors and there’s a balance,” Billhimer said.

Senate Judiciary Committee Chair Charles Trump (R-Morgan, 15) made similar comments on the Senate floor.

“They (boards of health) have a narrow mission and their mission is to focus on health, solely on health. We don’t ask them to balance other things. We don’t ask them to balance people’s rights,” Trump said. “I side with those who advocate for freedom and not big nanny state government that’s going to make every decision for every citizen of this state.”

But Senator Mike Woelfel (D-Cabell, 05) said the bill was a huge step back for West Virginia. “I’m very troubled by the fact that we’re going to roll back to 40 years ago and allow and encourage smoking in public places,” he said.

Four Republicans joined Democrats in voting against the bill.

As proposed, locations allowed those exemptions would have to ensure a minimum air exchange of six times per hour throughout the indoor space and a minimum air exchange of 12 times per hour in any indoor space that serves food, unless the food space is designated nonsmoking.

A similar measure, HB 2208, is pending in the House Government Organization Committee with less than three weeks remaining in the 2015 Regular Legislative Session.

Smoking bans of varying degrees are presently in effect in more than 40 West Virginia counties, according to health officials. There is no statewide standard.