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2005 SESSION

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SB 1191 Indoor Clean Air Act; smoking restrictions, civil penalty.

Introduced by: William C. Mims | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Virginia Indoor Clean Air Act; 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 smoking prohibition are provided for (i) private homes, private residences, and private automobiles, unless used as or in the operation of any establishment or facility in which smoking is prohibited; (ii) private functions; hotel, or motel rooms clearly designated as "smoking" rooms; (iii) hotel or motel rooms clearly designated as "smoking" rooms so long as such rooms do not exceed 25 percent of the total accommodations within the establishment that are offered for lease or rent to the public; (iv) bar or lounge areas separately enclosed from any establishment in which smoking is prohibited; (v) specialty tobacco stores; and (vi) private separately enclosed office or work areas that are not entered by the general public in the normal course of business or use of the premises unless a person who works in such private separately enclosed office or work area objects to smoking in such area. Signs stating "Warning: Smoking Permitted" must be posted by the proprietor of any exempt building or area when smoking is allowed. 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 building 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 and the Commissioner of Labor and Industry will jointly promulgate regulations to enforce these requirements and must annually report on their enforcement efforts by January 15, beginning in 2006. The bill sets out relevant definitions and notes that any proprietor of a building or area excepted 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; that signs will not be required on private homes or residences or private vehicles; and that the new chapter must not be construed to permit smoking where it is otherwise prohibited by the proprietor of any establishment, building, or area or by other applicable law. Enactment clauses repeal the present title relating to counties, cities, and towns and postpone the effective date for prohibiting smoking in such bars and lounges that are not separately enclosed from other establishments until July 1, 2006, and authorize, until such time, smoking in bars and lounges to the same extent as allowed under present law or ordinances.


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