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2006 SESSION

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Senate Committee on Education and Health
Subcommittee Health Care

Whipple (Chairman), Saslaw, Martin, Newman, Bell

Clerk: Hobie Lehman
Staff: Norma Szakal,Nicole Seeds
Date of Meeting: January 31, 2006
Time and Place: 8:30AM, 3 West Conference Room, General Assembly Building

S.B. 648 Indoor Clean Air Act; smoking in restaurants, penalty.

Patron: Bell

Virginia Indoor Clean Air Act; smoking in restaurants; civil penalties.  Moves the law restricting smoking in buildings and other enclosed areas, except for the regulation of restaurants, 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. The bill continues the regulation of smoking in restaurants as currently provided in Title 15.2. Exceptions to the new smoking prohibitions 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) 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 20% of the total accommodations within the establishment that are offered for lease or rent to the public; and (iv) specialty tobacco stores. 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 will enforce the smoking restrictions and must annually report on their enforcement efforts by January 31. 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 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. Local ordinances are authorized to comply with the statewide restaurant restrictions and with the new restrictions on smoking in other public places

A BILL to amend and reenact Chapter 28 (§ 15.2-2800 et seq.) of Title 15.2 and to amend the Code of Virginia by adding in Chapter 2 of Title 32.1 an article numbered 15, consisting of sections numbered 32.1-73.8 through 32.1-73.16, relating to smoking in restaurants and the Virginia Indoor Clean Air Act; civil penalties.

067694700

S.B. 679 Sexually violent predator; alternative to indeterminate civil commitment.

Patron: Hanger

Physical castration as an alternative to indeterminate civil commitment of a violent sexual predator. Provides that in the case of a prisoner who has been determined to be a sexually violent predator, when the only alternative is involuntary secure inpatient treatment, the court may, on petition of the prisoner, order, as an alternative to involuntary secure inpatient treatment, that the prisoner (i) undergo physical castration and (ii) be placed on conditional release, in a manner and in accordance with terms and conditions developed by the Commissioner and the Department of Corrections.

A BILL to amend and reenact § 37.2-908 of the Code of Virginia, relating to physical castration as an alternative to indeterminate civil commitment of a violent sexual predator.

060844732

S.B. 684 Medical care facility; exempts from definition certain specialized centers for provision of MRI.

Patron: Lambert

Certificate of public need; exemption.  Exempts from the definition of "medical care facility" a specialized center for the provision of magnetic resonance imaging (MRI) restricted to obese, disabled, or claustrophobic patients.

A BILL to amend and reenact § 32.1-102.1 of the Code of Virginia, relating to a certificate of public need.

069844748