Smoking in motor vehicles; presence of minor under age eight, civil penalty. (HB1348)

Introduced By

Del. Todd E. Pillion (R-Abingdon) with support from co-patron Del. Manoli Loupassi (R-Richmond)

Progress

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

Description

Smoking in motor vehicles; presence of minor under age eight; civil penalty. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/21/2016Committee
01/21/2016Presented and ordered printed 16104662D
01/21/2016Referred to Committee on Militia, Police and Public Safety
01/27/2016Assigned to sub: #3
01/27/2016Assigned MPPS sub: #3
01/28/2016Impact statement from DPB (HB1348)
02/01/2016Subcommittee recommends reporting (5-Y 1-N)
02/05/2016Reported from Militia, Police and Public Safety (12-Y 9-N) (see vote tally)
02/08/2016Read first time
02/09/2016Passed by for the day
02/10/2016Read second time
02/10/2016Substitute by Delegate Pillion agreed to 16105404D-H1
02/10/2016Engrossed by House - floor substitute HB1348H1
02/10/2016Floor substitute printed 16105404D-H1 (Pillion)
02/11/2016Passed by for the day
02/12/2016Read third time and passed House (59-Y 38-N)
02/12/2016VOTE: PASSAGE (59-Y 38-N) (see vote tally)
02/15/2016Constitutional reading dispensed
02/15/2016Referred to Committee on Transportation
02/16/2016Impact statement from DPB (HB1348H1)
02/24/2016Rereferred from Transportation (13-Y 0-N) (see vote tally)
02/24/2016Rereferred to Courts of Justice
02/29/2016Reported from Courts of Justice (8-Y 4-N) (see vote tally)
03/01/2016Constitutional reading dispensed (38-Y 0-N) (see vote tally)
03/02/2016Read third time
03/02/2016Passed by for the day
03/03/2016Read third time
03/03/2016Passed Senate (27-Y 12-N) (see vote tally)
03/07/2016Enrolled
03/07/2016Bill text as passed House and Senate (HB1348ER)
03/07/2016Impact statement from DPB (HB1348ER)
03/07/2016Signed by Speaker
03/09/2016G Governor's Action Deadline Midnight, Monday, April 11, 2016
03/09/2016Signed by President
03/09/2016Enrolled Bill communicated to Governor on 3/9/2016
03/09/2016G Governor's Action Deadline Midnight, Sunday, April 10, 2016
03/25/2016G Approved by Governor-Chapter 515 (effective 7/1/16)
03/25/2016G Acts of Assembly Chapter text (CHAP0515)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 7 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.



Del. Bill Howell (R-Fredericksburg): THAT IS CORRECT YOU, SENATOR. OPERATIONS. THE QUESTION IS SHALL HOUSE BILL 1229 PASS. ALL IN FAVOR OF THE MOTION WILLS AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CH ANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

Sen. Mark Obenshain (R-Harrisonburg): AYES 36, NOS 3.

[Unknown]: AYES 36, NOS 3. BILL PASSES. HOUSE BILL 1348. A BILL RELATING TO SMOKING IN MOTOR VEHICLES PRESENCE OF MINOR UNDER AGE 8, CIVIL PENALTY. REPORTED FROM THE COMMITTEE FOR COURTS OF JUSTICE. THE SENATOR FROM ROCKINGHAM, SENATOR OBENSHAIN.

Sen. Mark Obenshain (R-Harrisonburg): MR. PRESIDENT, I YIELD TO THE SENATOR FROM RUSSELL.

[Unknown]: THE SENATOR FROM RUSSELL, SENATOR CHAFIN.

Sen. Ben Chafin (R-Lebanon): THANK YOU, MR. PRESIDENT. I MOVE THAT THE BILL PASS. AND SPEAKING TO THE BILL, THIS BILL WAS IN OUR COMMITTEE AND WE HEARD SOME PRETTY COMPELLING EVIDENCE ABOUT IT AND I WANT TO TELL YOU THE PART THAT I WAS REMINDED OF THE PATRON IS A PEDIATRIC DENTIST AND HE TOLD US NOT -- AND HE TOLD US OF ALL OF THE PATIENTS THAT HE SEES WITH VARIOUS DENTAL PROBLEMS AND BREATHING PROBLEM IS, RESPIRATORY PROBLEMS AS A CONSEQUENCE OF SECOND HAND SMOKE AND TOLD US ABOUT THE PROFESSIONAL JOURNALS, THE MEDICAL JOURNALS THAT HAVE FINDINGS IN THEM THAT INDICATE VISIT INDIVIDUALS EXPOSED TO SECOND HAND SMOKE THIS AN CLOSED VEHICLE RECEIVE UP TO 27 MORE THAN INDIVIDUALS IN A HOME OR SOME OTHER SETTING. SO WE UNDERSTOOD FROM THAT TESTIMONY THAT THIS IS A BILL THAT SIMPLY PROTECTS CHILDREN WHO ARE UNDER THE AGE OF 8 FROM WE BEING EXPOSED IN A VEHICLE TO SECOND HAND SMOKE. IT CREATES CIVIL PENALTY OF I BELIEVE $100 FOR VIOLATORS THAT MIGHT BE PULLED OVER FOR SOME OTHER REASON. NOT A PRIMARY OFFENSE AND NOT A REASON THAT THE POLICE COULD STOP A VEHICLE. THEY HAVE TO BE SPEEDING OR DOING SOMETHING ELSE. IF THIS HE HAVE CHILDREN ON BOARD AND THEY ARE IN THE BOOSTER SEAT OR THE CAR SEAT AND THEY ARE SMOKING THEY WILL GET A CIVIL PENALTY IF THIS PASSES INTO LAW. I SUPPORT THE MEASURE AND I HAVE TO TELL YOU MY FAMILY OWNED TOBACCO MARKET AND WAREHOUSES A AND OUR FAMILY WAS A PRODUCER OF EARLY TOBACCO. I AM NOT AGAINST TOBACCO. TOBACCO IS AN ADULT PRODUCT AND I RESPECT THE RIGHTS OF ADULTS TO USE IT. WHAT I DO NOT APPRECIATE IS THOSE WHO ARE NOT MINDFUL OF THE HEALTH OF CHILDREN AND THIS IS A BILL A REASONABLE BILL TO PROTECT CHILDREN AND TO ALLOW FOR THEIR FUTURE HEALTH AND SAFETY. I HOPE IT WILL BE THE PLEASURE OF THE BODY TO PA IT IS.

[Unknown]: PASS IT.
875 PASS. ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE. THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO HAVE ANY SHOARS DESCRIER TO CHANGE THEIR VOTE. AYES 35, NOS 5. AYES 35, NOS 5. THE BILL PASSES. HOUSE BILL 1348, A BILL RELATING TO SMOKING IN MOTOR VEHICLES, PRESENCE OF MINOR UNDER AGE 8, CIVIL PENALTY. REPORTING FOR THE COMMITTEE OF COURTS OF JUSTICE. SENATOR CHAFIN. IT IS, -- THANK YOU, MR. PRESIDENT. I SPOKE ABOUT THIS BILL YESTERDAY TO THE BODY. IT GOT TAKEN BY FOR THE DAY, AND I'LL JUST REMIND YOU THAT WHAT THE BILL DOES, IT PROHIBITS INDIVIDUALS, ADULT INDIVIDUALS, FROM SMOKING IN AN AUTOMOBILE WHEN THERE ARE CHILDREN IN THE AUTOMOBILE WHO ARE UNDER THE AGE OF 8. IT CREATES CIVIL PENALTY, NOT A CRIMINAL PENALTY, OF $100 AND IT CREATES A SITUATION WHERE IT'S A SECONDARY OFFENSE, MEANING THAT THE VEHICLE CAN'T BE STOPPED ON ACCOUNT OF THE SUSPICION OF A POLICE OFFICER THAT SOMEONE IS SMOKING IN THEIR VEHICLE WITH A CHILD UNDER THE AGE OF 8. THEY BOO HAVE TO -- WOULD HAVE TO BE STOPPED FOR SOME OTHER REASON, SUCH AS SPEEDING OR RUNNING A RED LIGHT. AND I TELL YOU THAT THIS BILL, IF I MAY SPEAK TO THE BILL. YES, SIR. IT IS A BILL THAT HAS COME OF TIME. YOU KNOW, WE HAVE ALL KINDS OF LAWS THAT PROTECT OUR YOUTH WHILE PEOPLE ARE OPERATING AUTOMOBILES CAN BE DANGEROUS. AUTOMOBILES. THEY CAN BE DANGEROUS WHEN THEY'RE IN THE HANDS OF SOMEONE UNDER THE USE OF DRUGS OR WHEN SOMEONE IS DRINKING AND DRIVING, AND THEY'RE DANGEROUS BECAUSE THEY'RE A CONFINED SPACE WHEN SOMEONE IS SMOKING. WE KNOW THERE'S ALL KINDS OF SCIENTIFIC EVIDENCE -- I'LL REMIND YOU THAT I TOLD YOU YESTERDAY THAT THE MEDICAL JOURNALS SHOW THAT THE CONCENTRATIONS OF SECONDHAND SMOKE IN A CONFINED SPACE OF AN AUTOMOBILE IS 27 TIMES MORE DENSE THAN IN OTHER SETTINGS AND OTHER SITUATIONS. SO THE SCIENCE IS THERE. OUR CHILDREN DESERVE TO BE PROTECTED. THEY'RE YOUNG. THEIR LUNGS ARE DEVELOPING. THEY'RE YOUTHFUL, AND WE HAVE AN OBLIGATION TO THESE CHILDREN, TO LOOK AT THE FACTS AND THE SCIENCE THAT IS THERE. PARENTS SHOULD BE DOING THIS, BUT THEY'RE NOT IN ALL CASES. I URGE YOU TO PASS THE BILL. THANK YOU, SENATOR. THE SENATOR FROM FAIRFAX CITY, SENATOR PETERSON. GENTLEMAN YIELD FROM A

Del. Bill Howell (R-Fredericksburg): GENTLEMAN FROM RUSSELL YIELD QUESTION. FOR A QUESTION?

[Unknown]: I YIELD. HE YIELDS. I WOULD ASK THE GENTLEMAN, IF I'M SITTING IN THE FRONT SEAT OF MY CAR SMOKING THE CIGARETTE AND MY CHILD IS IN THE BACKSEAT, AND I OPEN MY DOOR RIGHT IN THE PATH OF A BICYCLIST. CAN THE FINES BE AGGREGATED? I WOULD THINK THEY CAN BE IF THAT OFFENSE IS COMMITTED IN THE PRESENCE OF AN OFFICER. I THANK THE GENTLEMAN. THANK YOU, SENATOR.

Del. Bill Howell (R-Fredericksburg): THE QUESTION IS, SHALL HOUSE BILL 1348 PASS. ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE. THOSE OPPOSED, NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED?

Comments

David Eaton writes:

Great Bill for safety and health of our children/
Thanks, Todd

MARSHA MAINES writes:

GOVERNOR MCAULIFF NEEDS TO VETO THIS.
IT VIOLATES 4TH AMENDMENT.
AND Ben Chafin IS A NAZI FOR CLAIMING THE "STATE" HAS MORE RIGHTS OVER 'MY CHILD" THAN I DO!!!! I MEAN - HOW IGNORANT IS THIS STATEMENT? "Automobiles are dangerous...and they are dangerous because they are also a confined space."
AUTOMOBILES HAVE WINDOWS - IDIOT.
Besides - "who" exactly is setting the illegal roadblocks and checkpoints to ask for the "papers" of all the 8 year olds who "may" be traveling with a "parent" or other Adult in a Private Vehicle?
straight up nazi - no Other word to define such idiocracy.

Janis Dauer writes:

This is great news and I congratulate our legislators for passing this bill. Evidence of the harm to children from secondhand smoke exposure is indisputable and where addiction prevents adults from protecting children, perhaps a law will help them.