Two West Virginia state senators debated whether penalizing adults for smoking with children in the car is a violation of “parental rights.”

Senate Bill 139 would make it a misdemeanor to smoke in the car with a child under 16.

Sen. Mike Azinger said he thinks parents should have the right to smoke in the car with their kids if they want to. Sen. Tom Takubo is a Charleston lung doctor.

He said the bill was inspired by a patient who lost half of her lung function.

Her father was a heavy smoker.

The bill passed the Health and Human Resources Committee Thursday, and will now go on to review by the Judiciary Committee.