Smoke Free Air Act; smoking in public places. (HB500)

Introduced By

Del. Phil Hamilton (R-Newport News)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Virginia Smoke Free Air Act; smoking in public places; 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 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) private clubs, except when being used for functions attended by persons other than members and invited guests; (iii) hotel or motel rooms designated as smoking rooms that are offered for rent to the public; (iv) specialty tobacco stores; (v) tobacco manufacturers; and (vi) private and semiprivate rooms in nursing homes and long-term care facilities. The bill requires the posting of "No Smoking" signs inside and at the entrances of areas where smoking is prohibited. Any person who continues to smoke in an area in which smoking is prohibited will be subject to a civil penalty of not more than $100 for the first offense, and $250 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. Read the Bill »


Bill Has Failed


01/07/2008Prefiled and ordered printed; offered 01/09/08 084684528
01/07/2008Referred to Committee on General Laws
01/16/2008Assigned GL sub: ABC/Gaming
01/16/2008Impact statement from DPB (HB500)
02/12/2008Left in General Laws

Duplicate Bills

The following bills are identical to this one: HB572, HB821 and SB298.


Peter writes:

I would add an exception to the exception for autos, similar to this California law:

CALIFORNIA (NEWSCHANNEL 3) - In California, a new law went into effect on new year's day which bans smoking in any car where a minor is present. It's only the third law of its kind and it's by far the most comprehensive. The Environmental Protection Agency says the air inside a car where a person is smoking is 10-times more toxic than what is considered dangerous for breathing.

Brandon Holmes writes:

The presentation of this Bill is deceiving. On the links page it is listed as pertaining to fossil fuel consumption but the actual text is about restricting property rights of business owners.

Waldo Jaquith writes:

Brandon, you may have clicked on the wrong link, or perhaps there was a transient problem on Richmond Sunlight. HB514 is the bill regarding fossil fuels, and presumably the one you're looking for.

In any case, whatever the source of the problem, it's not the legislature's fault, but only Richmond Sunlight's. Sorry for the trouble!

Robert Murray writes:

When I go to a public restaurant and am asked smoking or non smoking,I opt for non. Why then when I go to a public swimming pool am I not asked peeing or non peeing. Having a non smoking section of a restaurant is simply stupid.

Marjorie Goettle writes:

I support this bill. Second-hand smoke makes me very uncomfortable. I avoid public places, restaurants & hotels where smoking is allowed.

travina writes:

I am doing a reseach project about this bill and I am wondering what is the status of this bill?

Barb writes:

I support this bill. I'm tired of going into public places and being subjected to the smell of smoke. I go through the trouble of bathing and trying to look good, only to come out smelling like an ashtray! It's gross!

James writes:

Aren't there a lot of places that non-smokers can go to that don't allow smoking? Non smokers always have a choice to find one of those places. It's not the fault of smokers that the favorite places of non-smokers allow smoking. Let your money do the talking. Don't give it to those place that do allow smoking. If they really want to make a difference the state should give a good tax incentive for restaurants and bars to be non-smoking. Just leave it up to business owners.

Andrew Sinclair writes:

This bill, along with a couple others, was killed in subcommittee. It's not officially dead because it can be revived by the Committee Chair, but she has expressed no intent of doing so.

glenn harwood writes:

why can't you people get off of your duffs and pass this bill to help those of us who would like to breath clean air and not be required to work in a smoke contaminated work place.

glenn harwood writes:

you must be in the pocket books of the tobacco producers in virginia not to pass a law protecting a smoke free work place in virginia