Smoking in cars with children is banned in 11 states, and lawmakers are pushing to join them in West Virginia, where more adults use cigarettes than anywhere else in the nation, according to the Centers for Disease Control and Prevention.

The state Senate on Monday passed a bill calling for fines for anyone caught smoking or possessing a lit tobacco product in a vehicle when someone age 16 or under is present. The bill passed on 25-8 vote and now goes to the House of Delegates, where similar legislation has failed and it faces an uncertain future.

“The arguments for the bill are essentially emotional arguments,” Azinger said. “This is a cut at the fundamental rights of parents making a decision over their children in their vehicle. This is a state going where it has no business going.”