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March 26, 2008
The Norfolk City Council chose to rescind the smoking ban ordinance in all restaurants that was set to go into effect on March 31st. Alternative versions are expected to be created for a date sometime in April.
February 6, 2008
The House General Laws Subcommittee will take up all House smoking ban bills two hours after adjournment on Thursday.
February 5, 2008
The Senate of Virginia, as expected, passed all smoking ban bills today. The most sweeping, SB 298 by Senator Mary Margaret Whipple passed 23-15. SB 202 (restaurant ban) by Senator Quayle passed 29-9. SB 501 (restaurants, etc.) by Senators Northam and Locke (Governor's bill) passed 28-10, and SB 347 by Senator Blevins for a City of Chesapeake ban passed 28-10. The bills will now go to the House General Laws Committee in the middle of February.
January 31, 2008
The Senate Health and Education committee voted to pass all smoking ban bills by a vote of 12 - 3. Following the anticipated passage by the full Senate of any or all of these bills, they will go to the House General Laws Committee by the middle of February.
January 18, 2008
12 Smoking Ban bills were filed for the 2008 General Assembly. Below are the details:
SENATE LEGISLATION (All Senate bills have been referred to the Senate Education and Health Committee):
1. SB 202 by Senator Fred Quayle Republican of Suffolk - Calls for outright ban in any establishment that has a Department of Health license to operate as a restaurant. It would also allow local ordinances to be more powerful than the Virginia Indoor Clean Air Act.
2. SB 298 by Senator Mary Margaret Whipple Democrat of Arlington - Calls for outright ban, but unlike Governor's version, this one exempts private clubs.
3. SB 347 by Senator Harry Blevins Republican of Chesapeake - Calls for local authority for the City of Chesapeake. It actually calls for an outright ban in the city, for indoor AND outdoor venues, where food is served.
4. SB 501 by Senator Mamie Locke Democrat of Hampton and Senator Ralph Northam Democrat of Norfolk - This is the Governor's Senate version of his smoking ban. It is an across the board ban, including private clubs (though has the exception for tobacco retail establsihments.)
HOUSE LEGISLATION (All House bills have been referred to the House General Laws Committee):
5. HB 288 by Delegate David Englin Democrat of Alexandria - as his own introduction of a state smoking ban and allowance of local governments to pass ordinances stronger than that of the Commonwealth. He specifically goes after bar and lounge language, and any establishment that has a Health Department permit.
6. HB 500 by Delegate Phil Hamilton Republican of Newport News - as his own statewide smoking ban. Delegate Hamilton chairs the House Health, Welfare and Institutions Committee. This version does not apply to private clubs.
7. HB 572 by Delegate Algie Howell Democrat of Norfolk - this is the Governor's bill in the House of Delegates, making it a statewide, public and private, smoking ban.
8. HB 821 by Delegate Harvey Morgan Republican of Gloucester - as his own version of the same bill he introduced last year, calling for a statewide smoking ban.
9. HB 1063 by Delegates Brink, Amundson, Barlow, Bulova, Ebbin, Eisenburg, Englin, Plum, Poisson, Scott, J.M., Sickles, Vanderhye, and Watts, as a "coalition bill" for Northern Virginia by most of their Delegates, and all Democrats, allowing for a "concurrent resolution" that would empower virtually every Northern Virginia local government to enact their own smoking ban, if 2/3 of the local governments so choose.
10. HB 1253 by Delegate Dave Marsden Democrat of Burke as a restaurant only smoking ban.
11. HB 1341 by Delegate William Barlow Democrat of Smithfield as his own version of a restaurant smoking ban and allowing local ordinances to be stronger than that of the Commonwealth.
12. HB 1432 by Delegate Algie Howell Democrat of Norfolk - This would allow cities with a population over 200,000 to have ordinances that exceed that of the Commonwealth, with its own definition of restaurant, "to also include bars and lounges."
January 8, 2008
HB500 was filed by Delegate Phil Hamilton from Newport News.
Summary as introduced:
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.
January 7, 2008
Governor Kaine announced his legislation for a statewide smoking ban in restaurants including private clubs. For more information, click here.
January 3, 2008
HB 288 was filed by Delegate David Englin from Northern Viriginia.
Summary as introduced:
Virginia Indoor Clean Air Act; restaurants. Allows localities to adopt ordinances containing standards or provisions relating to smoking in restaurants that meet or exceed those established in the Virginia Indoor Clean Air Act.
