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2008 SESSION

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Senate Committee on Education and Health
Subcommittee Special on Public Smoking Legislation

Lucas (Chairman), Barker, Miller, J.C., Ruff, Martin

Clerk: Jocelyn R. Lance
Staff: Jessica Eades, Brenda Edwards
Date of Meeting: January 21, 2008
Time and Place: Monday, 7:00 pm; Senate Room B; General Assembly Building
THIS IS A PUBLIC HEARING TO DISCUSS PUBLIC SMOKING LEGISLATION.

S.B. 202

Patron: Quayle

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.

A BILL to amend and reenact §§ 15.2-2800, 15.2-2805, 15.2-2806, and 15.2-2807 of the Code of Virginia, relating to smoking in restaurants.

086213308

S.B. 298

Patron: Whipple

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.

A BILL to amend and reenact § 18.2-511.1 of the Code of Virginia, 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 32.1-73.17, and to repeal Chapter 28 (§§ 15.2-2800 through 15.2-2810) of Title 15.2 of the Code of Virginia, relating to the Virginia Smoke Free Air Act; civil penalties.

084068352

S.B. 347

Patron: Blevins

Smoking ban in restaurants; City of Chesapeake.  Prohibits smoking in restaurants in the City of Chesapeake.

A BILL to amend and reenact § 15.2-2807 of the Code of Virginia, relating to smoking ban in restaurants in certain localities.

084566472

S.B. 501

Patrons: Locke, Northam

Virginia Indoor Clean Air Act; penalty. Adds a prohibition against smoking in any food establishment in the Commonwealth and provides heightened penalties for violation. The bill defines food establishment. The bill contains numerous technical amendments, including reorganizing the Act into articles as follows:  general provisions (article 1), statewide regulation (article 2), and local regulation (article 3). The bill moves the Act from Title 15.2 to Title 32.1.

A BILL to amend and reenact § 18.2-511.1 of the Code of Virginia, to amend the Code of Virginia by adding in Title 32.1 a chapter numbered 16, consisting of articles numbered 1 through 3, containing sections numbered 32.1-370 through 32.1-383, and to repeal Chapter 28 (§ 15.2-2800 et seq.) of Title 15.2 of the Code of Virginia, relating to the Virginia Indoor Clean Air Act; penalty.

082377820