SB 648 Indoor Clean Air Act; smoking in public places, civil penalty.
J. Brandon Bell, II | all patrons    ...    notes
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Summary as passed Senate: (all summaries)
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.

Full text:
01/17/06  Senate: Presented and ordered printed 067694700  pdf | impact statement
02/02/06  Senate: Committee substitute printed 062055700-S1  pdf | impact statement
02/07/06  Senate: Printed as engrossed 062055700-ES1  pdf | impact statement
02/13/06  Senate: Floor substitute printed 062064700-S2 (Bell)  pdf | impact statement

Amendments:
Senate amendments
Senate amendments rejected

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