Indoor Clean Air Act; smoking in public places, civil penalty. (SB648)

Introduced By

Sen. Brandon Bell (R-Roanoke)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Virginia Indoor Clean Air Act; smoking in restaurants; civil penalties.  Moves the law restricting smoking in buildings and other enclosed areas from the title relating to local government (15.2) to the title relating to health (32.1) and prohibits smoking indoors in most buildings or enclosed areas frequented by the public.  Exceptions to the new smoking prohibitions are provided for (i) private homes, private residences, and private automobiles, and home-based businesses, unless used in conjunction with a licensed child care, adult day care, or health care facility; (ii) certain private functions held in public facilities; (iii) hotel or motel rooms clearly designated as "smoking" rooms so long as such rooms do not exceed 25% of the total accommodations within the establishment that are offered for lease or rent to the public; (iv) specialty tobacco stores; and (v) tobacco manufacturers. Signs stating "Warning: Smoking Permitted" must be posted by the proprietor of any exempt building or area when smoking is allowed; however, signs are not required on private homes, private residences, private vehicles, or home-based businesses, unless such private homes, private residences, private vehicles, or home-based businesses are used in conjunction with a licensed child care, adult day care, or health care. Any person who continues to smoke in an area in which smoking is prohibited after having been asked to refrain from smoking will be subject to a civil penalty of not more than $100. Civil penalties of $250 will be levied for subsequent offenses. Failure to comply with the smoking restrictions will subject proprietors to a $200 civil penalty for the first offense and $500 for subsequent offenses. Any law-enforcement officer may issue a summons regarding a violation of this law. The Board of Health will enforce the smoking restrictions and conduct an education program on the health benefits of avoiding exposure to secondhand smoke. The bill sets out relevant definitions and notes that any proprietor of a building or area excepted from the law has the right to prohibit smoking and that any principal or other administrator of an educational facility may adopt smoking prohibitions that are more stringent, including restrictions on smoking in areas on the facility's campus that are not enclosed; and that the new article must not be construed to permit smoking where it is otherwise prohibited by the proprietor of any restaurant, establishment, building, or area or by other applicable law. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/17/2006Presented and ordered printed 067694700
01/17/2006Referred to Committee on Education and Health
01/18/2006Fiscal impact statement from DPB (SB648)
02/02/2006Reported from Education and Health with substitute (10-Y 5-N)
02/02/2006Committee substitute printed 062055700-S1
02/03/2006Fiscal impact statement from DPB (SB648S1)
02/03/2006Constitutional reading dispensed (39-Y 0-N)
02/03/2006VOTE: (39-Y 0-N)
02/06/2006Passed by for the day
02/07/2006Read second time
02/07/2006Reading of substitute waived
02/07/2006Committee substitute agreed to 062055700-S1
02/07/2006Reading of amendments waived
02/07/2006Amendments by Senator Bell agreed to
02/07/2006Passed by temporarily
02/07/2006Engrossed by Senate - committee substitute with amendments SB648ES1
02/07/2006Printed as engrossed 062055700-ES1
02/08/2006Read third time and defeated by Senate (18-Y 20-N 1-A)
02/08/2006VOTE: (18-Y 20-N 1-A)
02/08/2006Reconsideration of defeated action agreed to by Senate (40-Y 0-N)
02/08/2006VOTE: (40-Y 0-N)
02/08/2006Passed by for the day
02/09/2006Passed by for the day
02/09/2006Fiscal impact statement from DPB (SB648ES1)
02/10/2006Passed by for the day
02/13/2006Read third time
02/13/2006Engrossment reconsidered by Senate (40-Y 0-N)
02/13/2006Amendments by Senator Bell reconsidered (40-Y 0-N)
02/13/2006Amendments by Senator Bell rejected
02/13/2006Committee substitute reconsidered (40-Y 0-N)
02/13/2006VOTE: (40-Y 0-N)
02/13/2006Committee substitute rejected 060255700-S1
02/13/2006Floor substitute printed 062064700-S2 (Bell)
02/13/2006Reading of substitute waived
02/13/2006Substitute by Senator Bell agreed to 062064700-S2
02/13/2006Engrossed by Senate - floor substitute SB648S2
02/13/2006Constitutional reading dispensed (37-Y 3-N)
02/13/2006VOTE: (37-Y 3-N)
02/13/2006Passed Senate (21-Y 18-N 1-A)
02/13/2006VOTE: (21-Y 18-N 1-A)
02/13/2006Communicated to House
02/14/2006Placed on Calendar
02/14/2006Read first time
02/14/2006Referred to Committee on General Laws
02/20/2006Fiscal impact statement from DPB (SB648S2)
03/06/2006Left in General Laws