Smoking in outdoor public place; locality regulation. (SB938)

Introduced By

Sen. John Edwards (D-Roanoke) with support from co-patron Del. Sam Rasoul (D-Roanoke)

Progress

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

Description

Smoking in outdoor public place; locality regulation. Authorizes a locality, by ordinance, to designate nonsmoking areas within outdoor public places. The bill requires such ordinance to provide for adequate signage designating such areas and provides that a violation of such ordinance is subject to a civil penalty of not more than $25 paid into the Virginia Health Care Fund. The bill defines "outdoor public place" and "public greenway." Read the Bill »

Outcome

Bill Has Failed

History

DateAction
12/29/2016Prefiled and ordered printed; offered 01/11/17 17102097D
12/29/2016Referred to Committee on Local Government
01/03/2017Impact statement from DHCD (SB938)
02/02/2017Reported from Local Government with amendments (7-Y 6-N) (see vote tally)
02/03/2017Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/06/2017Read second time
02/06/2017Reading of amendments waived
02/06/2017Committee amendments agreed to
02/06/2017Engrossed by Senate as amended SB938E
02/06/2017Printed as engrossed 17102097D-E
02/07/2017Read third time and defeated by Senate (19-Y 21-N) (see vote tally)
02/07/2017Reconsideration of defeated action agreed to by Senate (40-Y 0-N) (see vote tally)
02/07/2017Passed Senate (20-Y 20-N) (see vote tally)
02/07/2017Chair votes Yes
02/09/2017Placed on Calendar
02/09/2017Read first time
02/09/2017Referred to Committee on General Laws
02/10/2017Assigned GL sub: Subcommittee #3
02/14/2017Subcommittee recommends laying on the table
02/21/2017Left in General Laws

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 4 minutes.

Transcript

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

THE BILL PASSES. REGULAR CALENDAR, SENATE BILLS ON THIRD READING. SENATE BILL 1128, A BILL RELATING TO THE VIRGINIA FREEDOM OF INFORMATION ACT, FAILURE TO RESPOND TO REQUEST FOR RECORDS, REBUTTABLE PRESUMPTION. THE JUNIOR SENATOR FROM VIRGINIA BEACH, SENATOR DeSTEPH.

Sen. Bill DeSteph (R-Virginia Beach): MR. PRESIDENT, MAY SENATE BILL 1128 GO BYE FOR THE DAY?

Del. Bill Howell (R-Fredericksburg): WITHOUT OBJECTION -- SENATOR, THIS IS OUR LAST DAY.

Sen. Bill DeSteph (R-Virginia Beach): MR. PRESIDENT, PASS THE BILL BYE FOR THE DAY, PLEASE.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. WITHOUT OBJECTION, SENATE BILL 1128 WILL GO BYE FOR THE DAY.

[Unknown]: SENATE BILL 1391, A BILL RELATING TO ALCOHOLIC BEVERAGE CONTROL, NEW LICENSE FOR CERTAIN COMMERCIAL LIFESTYLE CENTERS. THE JUNIOR SENATOR FROM VIRGINIA BEACH, SENATOR DeSTEPH.

Sen. Bill DeSteph (R-Virginia Beach): MR. PRESIDENT, MAY SENATE BILL 1391, REQUEST IT BE PASSED AND SPEAKING TO THE BILL.

[Unknown]: THE SENATOR HAS THE FLOOR.

Sen. Bill DeSteph (R-Virginia Beach): MR. PRESIDENT, WHAT THIS DOES IS THIS ENABLES FOR A COMMERCIAL LIFESTYLE CENTER WHICH MEANS MIXED USE COMMERCIAL DEVELOPMENT COVERING A MINIMUM OF 25 ACRES, HAVING AT LEAST 100,000 SQUARE FEET OF RETAIL FACILITY ALONG WITH A COMBINATION OF DINING, ENTERTAINMENT, OFFICE, RESIDENTIAL, OR HOTEL ESTABLISHMENTS CAN ACTUALLY SERVE ALCOHOLIC BEVERAGES AND YOU CAN WORK -- WALK AROUND IN THAT LIFESTYLE CENTER. SO WITH THAT EXPLANATION, I REQUEST PASSAGE OF THIS BILL.

[Unknown]: THANK YOU, SENATOR. THE JUNIOR SENATOR FROM LOUDOUN, SENATOR WEXTON.

Sen. Jennifer Wexton (D-Leesburg): I RISE TO SPEAK IN OPPOSITION TO THE BILL.

[Unknown]: THE SENATOR HAS THE FLOOR.

Sen. Jennifer Wexton (D-Leesburg): FIRST, I DO WANT TO THANK THE PATRON, THE JUNIOR SENATOR FROM VIRGINIA BEACH, FOR COMING AND TALKING WITH ME AND OUR VERY CANDID DISCUSSION, WHICH I REALLY APPRECIATED AND WHICH WAS QUITE INSTRUCTIVE, AND IT IS NOT THROUGH ANY LACK OF AFFECTION OR RESPECT FOR THE JUNIOR SENATOR FROM VIRGINIA BEACH THAT I RISE TO SPEAK VERY STRONGLY IN OPPOSITION TO THIS BILL. AND THE REASON FOR IT -- FOR MY DOING SO IS THAT THIS IS A HUGE DEPARTURE FROM THE WAY THAT WE HAVE REGULATED ON-PREMISES -- ON-PREMISES ABC MIXED BEVERAGE LICENSEES EVER SINCE THE ABC HAS BEEN AROUND. NOW, I'M AN OPTIMIST, I THINK IT'S SOMETHING THAT I SHARE WITH A LOT OF FOLKS IN THIS CHAMBER, BUT ONE OF THE THINGS I'VE LEARNED FROM A LOT OF FOLKS ON THE OPPOSITE SIDE OF THE CHAMBER THAT IS WHEN YOU'RE CRAFTING LEGISLATION, IT'S NOT ALWAYS A GOOD IDEA TO ASSUME EVERYBODY'S GOING TO -- EMPING IS GOING TO TURN OUT GREAT AND EVERYBODY IS GOING TO DO THE RIGHT THING, OKAY? AND IN THIS PARTICULAR -- WHERE THIS PARTICULAR PIECE OF LEGISLATION IS CONCERNED, THERE IS REALLY NO UP SIDE THAT I CAN SEE, BUT THERE IS A HUGE, HUGE DOWN SIDE. THIS CREATES AN ENTIRELY NEW CATEGORY OF LICENSEE, A SPECIAL LIFESTYLE CENTER. WELL, WHAT IS THAT? IT'S A MIXED USE COMMERCIAL DEVELOPMENT, MIXED USE INCLUDES RETAIL, RESTAURANT, HOTEL, OFFICE, RESIDENTIAL, JUST ABOUT ANY KIND OF USE YOU CAN THINK OF, IN COMBINATION, AT LEAST 25 ACRES OF LAND AND 100,000 SQUARE FEET OF RETAIL SPACE. AND ALL GOVERNED BY ONE MANAGEMENT COMPANY. OKAY. WELL, THAT SOUNDS LIKE A PRETTY BIG PLACE, RIGHT? IT'S NOT. WE HAVE LITERALLY DOZENS OF THESE IN LOUDOUN COUNTY, BUT THIS IS NOT JUST A LOUDOUN COUNTY PROBLEM. THE NEW WEGMAN'S THAT JUST OPENED IN CHESTERFIELD AREA, THAT STORE ALONE IS 120,000 SQUARE FEET. THE DEVELOPMENT THAT SURROUNDS IT IS ABOUT 40 ACRES IN SIZE, SO THAT'S GOING TO COME IN UNDER THIS UMBRELLA. THE THREE NEW DEVELOPMENTS COMING IN AS A PART OF THE SHORT

Comments

John R Koch writes:

I totally support this bill. It is appropriate for protecting the public health. It shouldl include e-cigs.