[Virginia GASP]   VIRGINIA INDOOR CLEAN AIR ACT

This page updated March 26, 2008

The Current Virginia Indoor Clean Air Act passed in 1990.
Many Excerpts from news articles and editorials, as well as letters to the editor, are at a separate web page.  These relate to both the state legislation attempts, and the Norfolk City Council's strange approach to health.

The story in Virginia, as of March 2008:
2007:  In 2007, Governor Timothy Kaine courageously amended a 2007 bill changing it from a tobacco supported bill to one to make all restaurants no-smoking.  This did not pass the full House in 2007.

Then, in 2008, more no-smoking bills were introduced than ever before in Virginia's history. 
    12 bills were introduced with bi-partisan support: 
8 in the House (2 by Republicans, 6 by Democrats), and
4 in the Senate (2 by Republicans, 2 by Democrats).
    The 4 Senate bills passed the full Senate by good margins, but
    all 12 bills were killed by only  EIGHT Delegates in the House:
*1.  Speaker of the House William Howell, R-Stafford, Friedericksburg -- $140,000 tobacco dollars --
540-371-1612, delhowell@aol.com , 106 Carter St., Fredericksburg, VA 22405,
who appoints all members of committees, and assigned the bills not to a health committee, but to General Laws where he knew that ...

*2.  Chair of the General Laws Committee Terrie L. Suit, R-Virginia Beach,
757-421-3309, tsuit@cox.net , PO Box 7031, Virginia Beach, VA 23457,
the new chair of that committee, would follow his orders and send the bills to the same subcommittee that had killed similar bills the last two years, and while not a member of that subcommittee, she still sat in on the subcommitte meeting on the House bills even testifying against them, and again sat in on the subcommittee meeting on the Senate bills. 

Terrie Suit arrogantly did all of this, knowing that her constituents, her local government officials, and the Virginia Beach Restaurant Association all had urged her to pass the no-smoking bills to the full House --  you may certainly call or write her to express your opinion;

and
*3. -- 8.  The six members of the ABC/Gaming subcommittee: 
*Thomas Gear, chair of the subcommittee, R- parts of York County (Philip Morris smokeless tobacco company in York), Hampton, Poquoson,
757-825-1943, PO Box 7496, Hampton, VA 23666;

*David Albo, R-Fairfax County, (traditionally anti-health)
703-451-3555, 6367 Rolling Mill Place #102, Springfield, VA 22152

*Thomas Wright, R-Amelia, Brunswick, Lunenburg, Mecklenburg, Nottoway Counties,
434-696-3061, PO Box 1323, Victoria, VA 23974

*John Cosgrove, R-Chesapeake,
757-547-3422, PO Box 15483, Chesapeake, VA 23328

*Watkins Abbitt, Independent, but caucuses with Republicans -- Albemarle, Appomatox, Buckingham, Cumberland, Fluvanna, Nelson, Prince Edward Counties, (always anti-health), 434-352-2880, PO Box 683, Appomattox, VA 24522;

*Dan Bowling, D-Buchanan, Russell Counties; Tazewell,
276-498-7207, PO Box 39, North Tazewell, VA 24630
The only Democrat on the subcommittee is Delegate Dan Bowling, who told the press he received "orders" from the Republican leadership to fall in line or else.

The next election for members of the House of Delegates is November 2009.  You may wish to encourage other Republicans or Democrats to run for office if they support no-smoking in public places including the workplace.

A list of the 8 House and 4 Senate bills and their sponsors is given below, along with the Senate vote
and a report on the Feb. 14th House subcommittee meeting when the 4 Senate bills that had passed the Senate were killed by the Delegates listed above.

HOWEVER --
REGARDING any decision of a House subcommittee, two options remained for resurrecting bills:
(1) During the session, the chairman of the committee, in this case, Terri Suit, could have asked to have all the bills brought before the full committee.  Rule 18, House Rules.
Terrie Suit refused to bring the bills before her full committee.
(2) During the session, any member of the full General Laws Committee could have asked to have any or all of the bills brought before the full committee, and the majority of those present would decide yea or nay on this.
Several Democrats and Republicans on the full General Laws Committee had said to constituents and others that they supported some if not all of the no-smoking bills.  BUT, only one of them actively sought to get the votes for resurrecting the 4 Senate bills.  The thanks of everyone who likes to breathe go to a very courageous Delegate Albert Eisenburg (D-Arlington).

The regular legislative session began on January 9, 2008, and was scheduled to end on Saturday, March 8th, but was extended for budget decisions.

The only remaining hope for any further no-smoking health protections in 2008 rests with the Governor. 
If Governor Kaine finds a bill which he can amend, and then can have both the Senate and the House agree to his amendments to the bill, health wins. 
The veto session where amendments and vetoes are considered by the full Assembly is scheduled for April 16, 2008.

TOBACCO $$$$ to Howell -- More than $139,541 from tobacco companies 2002--2007  (VPAP)
Howell's campaign 2002--2007 accepted $10,000 tobacco company contributions:
S&M Brands/Bailey's $7,500; Reynolds $1,000; US Tobacco $1,000; Altria/Philip Morris $500.
PLUS, he has a Political Action Committee:
His Dominion Leadership Trust PAC, in 2002--2007 took in $129,541 tobacco company money:
Altria/Philip Morris $72,384; US Tobacco $23,000; Reynolds American $11,500; S&M Brands/Bailey's $9,500; Lorillard $5,000; Charles F. Fuller N.C. $2,500; Cigar Assn. America $2,388; Swedish Match $2,370; Conwood $250; Swisher Intl. $150.
++ help from tobacco lobbyists to get all sorts of bills passed/killed (they lobby for other companies too), & money from tobacco allies in hospitality, chambers of commerce, retail merchants assn., etc.

Is it possible that Speaker Howell (R) and Majority Leader Morgan Griffith (R) have not forgiven Governor Timothy Kaine (D) for transforming Griffith's tobacco bill in 2007 into a real no-smoking bill that almost passed?

Other Links:
****    2008 Excerpts NEWS Reports, Editorials  **** 
Example:  from The Richmond Times-Dispatch January 25, 2008: 
"We think it is going to pass the Senate easily, which just adds to the outrage of what is happening in the House," said Hilton Oliver, executive director of Virginia GASP, or Group to Alleviate Smoking in Public.

"The issue of smoking in restaurants has nothing to do with ABC and gaming, but it has a whole lot to do with health," Oliver said. "They are playing games there [in the House], no question about it."

  :::::::: 2008 legislative actions  :::::::::::
            No-Smoking Legislation
        
ALSO, listing of bills on RIP (Reduced Ignition Propensity -- "Fire-Safe") cigarettes, written by Philip Morris with special provisions for Philip Morris; all passed

Local Cigarette Tax -- killed, in spite of budget problems for state and localities
        
2007 and earlier legislative actions, prelude to 2008

Campaign contributions (Tobacco, Retail Merchants, Chamber Commerce) at http://vpap.org
Secondhand Smoke hurts and kills.

Many Nations on this planet have strong no-smoking laws.

Some Fact Sheet Locations & Comment

  
Letter to the Editor, The Bristol Herald Courier, February 21, 2008, headlined, "Tell delegates to give ban a vote", writer, Hilton Oliver, Executive Director, Virginia GASP, Group to Alleviate Smoking in Public.
I recall learning in elementary school that we lived in a democracy of the people, by the people and for the people. The Virginia House of Delegates has made a mockery of that notion.

For the third straight year, the House leadership has used sleazy political maneuvering to kill widely popular bills to restrict public smoking. The bills have been intentionally routed to the illogical six-member subcommittee on Alcoholic Beverage Control and Gaming because those legislators are all known to be pro-tobacco. For three consecutive years, six delegates have prevented 100 delegates from even voting on this legislation.

Speaker William J. Howell, who is awash in tobacco contributions, opposes the bills and has sadly abused his power to circumvent the democratic process. His stooge is Delegate Terrie Suit, the new General Laws Committee chairwoman, who supported Gov. Tim Kaine’s effort at smoke-free restaurants last year but just coincidentally reversed her position after Howell made her committee chair. The bills obviously belong in the Health Committee anyway, but the speaker knows that committee would approve them.

Our legislators are plainly terrified that the clear will of Virginians could prevail over the will of Big Tobacco. The Senate passed four strong bills by a wide margin which would protect non-smokers. Unless the people of Virginia express their outrage, Howell and Suit will certainly spit on them again. Please demand that these bills receive a full and fair vote.


Report on the February 14, 2008 subcommittee
This report is filed by Anne Morrow Donley, co-founder of Virginia GASP.
    It is followed by an "Additional Note" detailing a conversation between Donley and Suit.
Three members of the full committee came to sit in on the meeting, but they are not on the subcommittee, and therefore could not vote:
Delegates Albert Eisenberg and David Bulova -- presumably in favor of the no-smoking bills,
and chairman Delegate Terrie Suit loudly and adamantly opposed to the no-smoking bills.

The subcommittee ABC/Gaming of General Laws, met at 3:10 pm, Feb. 14, 2008. 
Before the meeting began, two tobacco lobbyists (one lobbies for Philip Morris) came in and spoke to Delegate Gear.

The gist of the meeting
was that the 6 dictators' minds were made up to oppose the bills.  Zero compassion was shown for the people suffering and dying from secondhand smoke, including the people testifying about what it had done to them and to family members, including severe respiratory illness and breast cancer. 

Delegates Albo and Gear, who did all of the talking from the subcommittee, showed apparent pretended amazement that there were studies revealing that secondhand smoke is a problem for many people.  It was a perfect example of politics before people, a total and complete sham from the 6 subcommittee members and Terrie Suit who chairs the entire committee.

Delegate Suit, who is not on the committee and who testified the week before against the 8 House bills, sat in on this subcommittee meeting on the Senate bills.

Gear said he supported the idea of everything being no-smoking, but that businesses should do it themselves.  Albo said he had trouble telling a business owner what to do, and repeatedly asked what studies were referred to, and where he could find the information.

At the end of the meeting Albo said that Suit was having a study this summer to see how to change the code to differentiate between a bar and a restaurant so that would make it easier to have laws on either one. 
[Web editor's note:  They of course skipped over the fact that most restaurants have bars, therefore to require the restaurant to be no-smoking, but allow the bar to be smoking, would mean the entire place would still be smoky.]

A Fuller Report of the meeting:
Senator Blevins presented his bill, SB 347, which would allow the localities in the Hampton Roads area to make their own ordinances to ban smoking in restaurants.  [This bill passed the full Senate 28-10.]

Senator Ralph Northam in presenting SB 501, carried with Senator Mame Locke, for the Governor [had passed the Senate 28-10], the bill would make restaurants and bars no-smoking, noted he is a pediatric neurosurgeon, and spoke of the horrors he had witnessed from secondhand smoking -- babies who died of SIDS, children with allergies from the smoking in the home, and other serioius illnesses.  "There are 1,000 people who would love to have come here to tell you the damage secondhand smoke has done to their lives, but they cannot be here -- not because of inclement weather, not because of the distance, but because they have died.  We lose 1,000 people each year (US Centers for Disease Control and Prevention) in Virginia from secondhand smoke."

75% of Virginians, he said, want to ban smoking in public facilities.

Northam said that he knew many felt that the less government the better, but, he noted, you have only to go out to Broad Street to see why we need some laws, such as speed limits.  In restaurants, the regulations tell food preparers that they must wash their hands after using the restroom because of a variety of germs.  In secondhand smoke you have hundreds of poisons, toxins, and at least 50 of them are cancer-causing.

Northam said, "We were sent here to Richmond to represent our constituents.  I ask all of you to join me in doing what our constituents want."

Delegate Albo asked about the studies; then wanted to know why parents would take a child to a smoky restaurant.  Senator Northam said that many parents don't know about the dangers of secondhand smoke, and there is not always a choice of where to go for a restaurant.

Senator Mary Margaret Whipple spoke for her SB 298 [passed the full Senate 23-15] that would make most workplaces no-smoking.  She said Senator Northam had presented the reasons well, that her bill would impact many workplaces, not just restaurants and bars, and that secondhand smoke is a problem in many workplaces causing illness and death.  This is a public health issue.

Senator Frederick Quayle presented his SB 202 [passed the full Senate 29-9] that would allow localities to pass restaurant ordinances stronger than provisions in state law.  He said this was necessary, and his constituents had asked him to carry this bill.

Delegate Gear said he would allow 15 minutes for each side to state its case.

The gist from all but one of the proponents was that this is a public health issue for employees and customers, government is there to provide protections for the public health, and secondhand smoke is a danger immediately and long-term.  The last one in line as a proponent was actually an opponent, David Bailey, actually spoke against the necessity for the bills.

The gist from the opponents -- the hospitality industry, the Virginia Retail Merchants Association, and the Cigar Association of Virginia -- was that state comprehensive laws are not needed, local laws will only make a patchwork of laws and not be universal in agreement like a state law would be, and we don't like it.  The Cigar Association neglected to mention that they are trying to set up tons of cigar bars.  And they did not mention the employees once.

Those speaking for the Senate no-smoking bills:
Anne Morrow Donley, co-founder Virginia Group to Alleviate Smoking in Public, spoke,
noting that Delegate Albo had inquired about the study showing 1,000 persons had died in Virginia -- "That is from the US Centers for Disease Control and Prevention.  You asked about studies, and I sent to each of you via e-mail a recent study about a young woman who needed a job, and she worked in a restaurant and bar.  She needed that job.  She came on duty, said hello to the DJ, and went to begin her work.  But before she could, she suddenly grabbed the arm of the on duty manager saying, I have to go to the hospital.  I don't have my inhaler.  She was an asthmatic.  Before the emergency team could reach her, she was dead.  Not all reactions are that severe, but secondhand smoke does cause illness and death.  There is a study I have here, which is from Italy and verifies what American studies have shown, that the number of heart attacks and strokes go down once a smoking ban is in place.  This is about saving lives.
You were elected by the people, and the people want these protections.  You should serve the people who elected you.

A woman spoke who is the mother of a child with severe respiratory problems,
"This is the fourth time I have testified on these bills.  I don't understand why you don't pass these bills.  They would save lives."

Lorene E. Alba, a former restaurateur,
noted Delegates Gear and Albo had asked why don't restaurants go smoke-free.  She said she polled restaurants in that area about a ban on smoking.  She said they tried being no-smoking during the day, and allowing smoking after 10 pm, and there was a fear of losing customers either way.  She said they would welcome having a law that would require them to be no-smoking all the time.  "So the industry is not able to make this decision by themselves."

John O'Donnell, who plays music in bars with the Rachel Leyco Band,
said there is no choice when you need the job.  But the smoke is harmful, and you shouldn't have to be choosing between earning a living and saving your health. 

A woman spoke who said she has breast cancer. 
She has never smoked, and has led a very healthy life, with no breast cancer history in her family.  Secondhand smoke seemed a likely culprit as her parents smoked until she was 10 and told them to stop.  Then she put herself through college working in restaurants and bars which were smoky, "because there was no choice and you need the job".  Then she got a job in regular office surroundings, and there was smoke.  So she supports the no smoking in the workplace bill and the ones about restaurants and bars, to cut down on the rate of cancer.

A woman testified she is a college student, that it is not true there are smoke-free restaurants
everywhere.  She said that in the University of Virginia area there are several restaurants and snack bars gathered near the university, and they allow smoking, so she can't go to a favorite place or get a favorite meal because of the smoke.  "Why should I have to skip a favorite meal or only do a take-out because of the smoke?"

A woman with the March of Dimes stated that healthy babies make productive adults
and that secondhand smoke is a danger to the fetus, to infants, and to growing children.  Pregnant women, and children are in many workplaces, and secondhand smoke is harmful to them.

A man spoke who emphasized that this is a public health issue. 
He said that many years ago, it was recommended that to stop the cholera epidemic they needed to remove the handle on the city water pump, because the people drinking from that water supply were getting cholera.  The government had to act to protect the people because it was a public health issue, and smoking in publci is a public health issue.

A man representing Hampton spoke to say that the Hampton area supports these bills.

A man representing the state health department said it supports SB 501.

David Bailey spoke, saying he lobbies for the American Lung Association, but that his remarks today were his own opinions. 
He then proceeded to OPPOSE the bills, expressing the same opinions as the subcommittee members, saying that the reason the meeting room and the hallway outside were no-smoking was because the members decided to do it.
Web editor's note:  This is not true -- state law says that a person should not have to walk through smoke to get to the no-smoking section.  The General Assembly in 1990 had agreed in passing the law that the law should apply to all, and they should not be excluded, and amendments to exclude them were defeated.  GASP worked for years trying to get the Capitol building and the General Assembly building to be in compliance with the law.

Those formally speaking against the bills were three men, the representatives of:
**Barrett Hardiman of the Virginia Hospitality and Travel Association, who said this was an issue of choice, and of property rights;
**the Virginia Retail Merchants Association who on the one hand opposed state wide laws, and on the other hand lamented a patchwork of laws if localities possessed the power to pass their own no-smoking laws, and asked why aren't private clubs included in the bills;
**and, the Cigar Association of Virginia, which amazingly enough neglected to mention that they have a stake in creating and maintaining cigar bars.

Some questions were asked by Delegate Eisenberg (not a subcommittee member, but a member of the full committee). 
He asked Senator Northam about the figure used by the opposition that two thirds of Virginia restaurants are already no-smoking.  "How many fast food restaurants are included?"  Senator Northam said that these were the major portion of that 2/3 figure -- most of the major fast food chains are now no-smoking.  Hence, the majority of restaurants in Virginia allow smoking.  Northam noted that especially in the smaller areas, rural areas, and ones that are not on the main routes are the ones more likely to allow smoking.

Delegate Gear, subcommittee chairman, asked John O'Donnell if the music jobs were his main job.  O'Donnell said he also had a day job.

Delegates Gear and Albo mentioned not knowing where the studies come from.  Anne Morrow Donley spoke out from where she was sitting that the Surgeon General's Report was a great resource.  They asked her to speak at the microphone.  Donley did, and said, "the Surgeon General had made two reports on secondhand smoking, using many studies -- the first in 1986, and the second in 2006 -- The Surgeon General's Report on the Health Consequences of Involuntary Exposure to Tobacco Smoke.  I can send you an e-mail with the web citation if you like.  There is also the California EPA Report, which they worked on for over a year considering numerous studies, and including that secondhand smoke can cause breast cancer." [Citation sent evening 2/14 to Albo and Gear for these reports.]

The woman with the March of Dimes offered to send them all the information they needed.

Then Delegate Albo moved to consider all four bills in a block and lay them on the table (translation -- kill them).  Albo noted that Terrie Suit would be having a study this summer to try to make divisions in the state code between restaurants and bars.  The voice vote was unanimous to kill the bills.

Additional Note:
About two hours before the meeting began,  there was a brief conversation between Anne Morrow Donley and Delegate Terrie Suit.  Here is the report of that from Donley.
Conversation February 14, 2008 between Delegate Terrie Suit and Anne Morrow Donley:
Two hours before the official subcommittee meeting began, when few people were in the room, Delegate Suit was at her seat in the subcommittee room, House Room C.  Various people drifted in and out talking with the delegates.

I went up and politely asked if I could speak with Delegate Suit.  She motioned that I could come up to where she sat. 
Anne, speaking softly so the conversation would be private:  "My name is Anne Morrow Donley.  Delegate Suit, as chair of the General Laws Committee, you have the power under House Rule 18 to bring all the Senate no-smoking bills before the full committee even if they fail here today."
Suit, shaking her head:  "I'm not going to do that!"
Anne:  "You must have a reason."
Suit, louder:  "Because, I'm not going to do it!  There is a process by which the members of the committee can ask to have the bills brought up before the committee.  Right now there are not enough votes to bring it to the committee."
Anne:  "There are a lot of people suffering and dying because you are blocking this bill."
Suit:  "Ma'am!  You need to leave the dais!"
Anne:  "I am leaving, but I have a right to be here.  I pay your salary."
Suit:  "So do I!"


2008 Virginia Legislation --
2008 TIME TABLE:
February 14 -- House   The subcommittee ABC/Gaming killed the four Senate no-smoking bills. 

February 7 -- House subcommittee ABC/Gaming of House General Laws KILLED all eight of the House no-smoking bills.
Official time-table for full Assembly
January 9, session began.
Monday, February 11, All committee work ends.

Tuesday, February 12, remaining bills are decided upon in the House and Senate.

Wednesday, February 13, all surviving bills are transferred to the opposite body
to begin committee process in the opposite body.

March 8, session ends.

Veto session April 16, 2008


Virginians -- Who is Your Legislator in the General Assembly?
The Virginia state web site, http://legis.state.va.us/ 
At top, click on "Who's My Legislator",
Type in your address, zip code, and it gives you delegate, senator.  During March--December, you will need to use their home or home office address/phones to reach them.  The General Assembly phone numbers and e-mails do not work when the legislature is not in session.


Summary of 2008 bills on no-smoking, and 2008 bills on RIP cigarettes, and one cigarette tax
2008 Legislation on health and tobacco may be tracked at http://legis.state.va.us/
    Click on Legislative Information, go to Bills, type in number of bill, or go to subject Tobacco, etc.
Bills can be changed along the way.  The full text of the original or the passed bills is at the state site.
 Floor amendments are not immediately available.  In the full text of bills, usually, italics will indicate new language, things to be struck are lined through.

NO-SMOKING bills to apply state-wide:
SENATE bills re. state-wide:
The Senate passed all Senate no-smoking bills.  Senator Stosch chose Rule 36 -- abstension on conflict of interest, so did not vote Yea or Nay.  The House General Laws subcommittee defeated all the no-smoking bills.  See section above for addresses, phone numbers of subcommittee.
*Thomas Gear (R-York. Hampton, Poquoson)
*David Albo (R-Fairfax County)
*Thomas Wright (R-Amelia, Brunswick, Lunenburg, Mecklenburg, Nottoway Counties)
*John Cosgrove (R-Chesapeake)
*Watkins Abbitt (Independent, but caucuses with Republicans -- Albemarle, Appomatox, Buckingham, Cumberland, Fluvanna, Nelson, Prince Edward Counties)
*Dan Bowling (D-Buchanan, Russell Counties; Tazewell)

**  SB 298 Virginia Smoke Free Air Act, Senator Mary Margaret Whipple (D-31, Arlington) to make most indoor areas no-smoking.
February 5, 2008 -- the full Senate passed SB 298:  23 to 15. 
The 15 voting AGAINST this:  Senators Cuccinelli, Deeds, Hanger, Hurt, Martin, McDougle, Newman, Obenshair, Puckett, Reynolds, Ruff, Smith, Wampler, Watkins.

**  SB 501 amendment on restaurants to Virginia Indoor Clean Air Act, Senators Mamie Locke (D-2, Hampton) and Ralph Northam (D-6, Accomack, Mathews, Northampton, Norfolk, Virginia Beach) carrying it for the Governor
February 5, 2008 -- the full Senate passed SB 501:  28 to 10. 
The 10 voting AGAINST this:  Senators Cuccinelli, Hanger, Hurt, Martin, McDougle, Newman, Obenshair, Ruff, Smith, Watkins.

HOUSE bills re. state-wide:  killed by unanimous vote in House subcommittee.
A list of the subcommittee members is at the top of this page.
**  HB 821 Virginia Smoke Free Air Act, Delegate Harvey Morgan (R-98, Gloucester)
**  HB 500 Smoke Free Air Act, Delegate Philip Hamilton (R-93 County James City),
and
**  HB 572 Smoke Free Air Act, Delegate Algie T. Howell, Jr. (D-90, Chesapeake)
**  HB 1253  Delegate Dave W. Marsden (D-41, Burke) Prohibit smoking in restaurants.
Speaker William Howell referred each NOT to Health but to House General Laws Committee, assigned by Terri Suit to ABC/Gaming subcommittee which killed all no-smoking bills 2007 except for Philip Morris supported bill

ALLOW LOCALITIES to require No-Smoking in Restaurants:
A number of localities have pushed to have no-smoking ordinances, but the current state law does not allow local laws stronger than state law. 
SENATE bills re. localities -- these have passed the full Senate:
**  SB 202, Senator Frederick Quayle (R-13, Suffolk); would allow localities to pass restaurant ordinances stronger than provisions in state law.
February 5, 2008 -- the full Senate passed SB 202:  29 to 9. 
The 9 voting AGAINST this:  Senators Cuccinelli, Hanger, Hurt, Martin, McDougle, Newman, Obenshair, Ruff, Smith.

**  SB 347, Senator Harry Blevins (R-14, Chesapeake), originally specific to Chesapeake;
but the population number designation of Chesapeake was changed to refer to any locality within Hampton District 23.
February 5, 2008 -- the full Senate passed SB 347:  28 to 10. 
The 10 voting AGAINST this:  Senators Cuccinelli, Hanger, Hurt, Martin, McDougle, Newman, Obenshair, Ruff, Smith, Watkins.

HOUSE bills re. localities -- killed by unanimous vote in subcommittee
A list of the subcommittee members and their phone numbers is below.
**  HB 288, Delegate David Englin (D-45, County Arlington)
**  HB 1063, Delegate Robert Brink (D-48, County Arlington), specific to Northern Virginia
**  HB 1341  Delegate William Barlow (D-64, Smithfield)
**  HB 1432  Delegate Algie T. Howell, Jr. (D-90, Chesapeake),  specific to cities with 200,000+ population
Speaker William Howell referred each NOT to a Health committee but to House General Laws Committee, assigned by Terri Suit to ABC/Gaming subcommittee which killed all bills this year, just as they killed all 2007 no-smoking bills except for Philip Morris supported bill

Members House General Laws Committee listed below -- those in red are the subcommittee members: 
Terrie L. Suit (Chair), 757-421-3309 tsuit@cox.net PO Box 7031, Virginia Beach, VA 23457
David Albo (R), 703-451-3555, 6367 Rolling Mill Place #102, Springfield, VA 22152
S. Chris Jones (R), 757-483-6242  hod76@schrisjones.com  PO Box 5059, Suffolk, VA 23435
Thomas Wright (R), 434-696-3061, PO Box 1323, Victoria, VA 23974
Glenn Oder (R), 757-930-8683, PO Box 6161, Newport News, VA 23606
Thomas Gear (R), Sub-Comm. Chair, 757-825-1943, PO Box 7496, Hampton, VA 23666
John Cosgrove (R), 757-547-3422, PO Box 15483, Chesapeake, VA 23328
Charles Carrico (R), 276-773-9600, PO Box 188, Independence, VA 24348
Edward Scott (R), 540-825-6400, 206 S. Main St. #203, Culpeper, VA 22701
Sal Iaquinto (R), 757-430-0102  sal@saliaquinto.com  PO Box 6888, Va Beach, VA 23456
Todd Gilbert (R), 540-459-7550, PO Box 266, Woodstock, VA 22664
Jackson Miller (R), 703-244-6172, PO Box 10072, Manassas, VA 20108
Watkins Abbitt (I), caucuses w/Rep.,  434-352-2880, PO Box 683, Appomattox, VA 24522
Clarence Phillips (D), 276-762-9758, PO Box 36, Castlewood, VA 24224
William Barlow (D), 757-357-9720, PO Box 240, Smithfield, VA 23431
Robert Hull (D), 703-573-4855, PO Box 2331, Falls Church, VA 22042
Jeion Ward (D), 757-827-5921, PO Box 7310, Hampton, VA 23666
Rosalyn Dance (D), 804-862-2922, PO Box 2584, Petersburg, VA 23804
Roslyn Tyler (D), 434-336-1710 triverrun@aol.com 25359 Bluestar Hwy, Jarratt, VA 23867
David Bulova (D), 703-310-6752  info@davidbulova.com 9900 Main St., Plaza 102, Fairfax, VA 22031
Albert Eisenberg (D), 703-228-7909, PO Box 969, Arlington, VA 22216
Dan Bowling, (D), 276-498-7207, PO Box 39, North Tazewell, VA 24630


The Rules of the House of Delegates, page 7, Rule 18 reveals that the committee chairman has the discretion to have bills brought before the full committee EVEN IF the subcommittee has voted to kill, table, bury the bills.  This was double checked with the House committee clerks' office.

      Rule 18. The several standing committees shall consider and report on matters specially referred to them and, whenever practicable, suggest such legislation as may be germane to the duties of the committee.  The chairman shall have discretion to determine when, and if, legislation shall be heard before the committee. The chairman, at his discretion, may refer legislation for consideration to a subcommittee. If referred to a subcommittee, the legislation shall be considered by the subcommittee.  If the subcommittee does not recommend such legislation by a majority vote, the chairman need not consider the legislation in the full committee.  It shall be the duty of each committee to inquire into the condition and administration of the laws relating to the subjects which it has in its charge; to investigate the conduct and look to the responsibility of all public officers and agents concerned; and to suggest such measures as will correct abuses, protect the public interests, and promote the public welfare.

Other legislation related to health vs. tobacco:
          RIP (Reduced Ignition Propensity -- "Fire-Safe"), passed with Philip Morris amendment
          Cigarette Tax, locality -- unanimously killed in subcommittee February 6th
   Some Fact Sheet Locations & Comment

RIP -- Reduced Ignition Propensity cigarettes
The list of RIP bills is given below.  However, please see another web page for news articles excerpted on RIP cigarettes, including a Kentucky lawsuit filed in 2008.
Additionally, bills have been introduced to add Virginia to the list of about 22 states now requiring
Reduced Ignition Propensity cigarettes (RIP), also known as "Fire-Safe" or self-extinguishing.

Cigarette manufacturers admitted decades ago that it was possible to do this, but they did not do this.  RIP laws would require manufacturers to produce cigarettes that do not continue to burn when left unattended.  These Virginia bills were written by Philip Morris -- which has patented a special paper for RIP cigarettes -- and fire safety groups, according to press reports.  The Senate committee added an amendment to allow Philip Morris to make non-"fire-safe" cigarettes for North Carolina, South Carolina, and other states and NATIONS that do not require RIP cigarettes.

Reynolds already stated last summer (2007) that it would voluntarily make all cigarettes for the AMERICAN market to be RIP.  Philip Morris has not stated this.
SENATE bill -- February 1 -- passed the full Senate:
**  SB 208, Senator Walter Stosch (R-12, Henrico County), reported from Commerce and Labor 1/28 with amendment to allow Philip Morris to produce non-RIP cigarettes for states or nations that do not require RIP.
The amendment reads:
"Nothing in this chapter shall be construed to prohibit any person from manufacturing or selling cigarettes that do not meet the requirements of this chapter if the cigarettes are or will be stamped for sale in another state or sold in North Carolina or South Carolina, or are packaged for sale outside the United States, and that person has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to persons located in the Commonwealth."

HOUSE bills, the two bills were rolled into one in the House Commerce and Labor Committee, and an amendment agreeing with the Senate amendment to allow Philip Morris to produce non-RIP cigarettes for NC, SC, and states without RIP laws and nations without RIP laws. 
**  HB 228, Delegate John Cosgrove (R-78, Chesapeake), 1/29 Reported from committee with substitute; passed the House 98-0; referred to Senate Commerce and Labor.
It is identical now to SB 208, Stosch.
**  HB 1072, Delegate Charles Caputo (R-67, Chantilly), 1/29 Incorporated into HB 228

Cigarette tax -- locality
This was killed ("left on the table") by the Finance subcommittee 1 on February 6th, no recorded vote yet as to who was present and voted.
**  HB 1347  Delegate William Barlow (D-64, Smithfield)
Would have authorized any county to impose a local cigarette tax at a rate not to exceed $0.05 per pack or the amount levied under state law, whichever is greater.
Referred to the House Finance Committee, assigned to Subcommitte 1, which killed it:
Robert Orrock (Chair), Mark Cole, Thomas Gear, Robert Marshall, Matthew Lohr, Joseph Johnson, Vivian Watts, Robert Hull, Charles Caputo, Brian Moran, Harry Purkey.


Some discussion has been going on about future legislation allowing smoking in bars and restaurants after 10:00 pm.  SURPRISE -- people breathe at all hours of the day and night, and -- particulate matter, cancer causing toxins, gases don't go away-- waiting for everyone the next day -- and the employee wait staff and cleaning staff on the late shift are hurt as well as customers. 

Are we serious about making a safe environment for employees and the general public or not?
    See the February letter Virginia GASP sent to Governor Kaine on No Compromises on Health with No-Smoking Bills.

Letter sent to Governor Timothy Kaine, from Virginia GASP

February 24, 2008

The Honorable Timothy Kaine
via FAX 804-371-6351; 5 pages: Letter plus Documentation

Re.: No Compromises on Health with No-Smoking bills

Dear Governor Kaine:

Smoking in public is a public health issue. Your efforts to protect the health of both employees and customers of all ages must not be compromised. It is to be hoped that we will achieve no-smoking at least in all restaurants and bars this year, though we need to have all workplaces no-smoking to grant employees a safe work environment which the Code of Virginia promises but does not fulfill.

Certainly there is an effort to try to bring the four Senate bills up before the full General Laws Committee this Thursday. But if not, the voter outrage is building against those delegates who have blocked the 12 no-smoking bills.

The media have mentioned two compromises that you may be considering:

(a) to allow smoking in bars but not restaurants, and/or

(b) to allow smoking in restaurants and bars after 10:00 pm.

These are not compromises, but a full retreat from protecting the public health.

Virginia Group to Alleviate Smoking in Public, Inc. (GASP) is opposed to those compromises. This is not 1968. This is 2008. The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General, U.S. Department of Health and Human Services, was released in 2006, confirming and adding to the one issued in 1986. Some of the main conclusions from that report are summarized on the documentation page. Among other facts the report noted that:

*The scientific evidence indicates that there is no risk-free level of exposure to secondhand smoke.

*Concentrations of many cancer-causing and toxic chemicals are higher in secondhand smoke than in the smoke inhaled by smokers.

*Secondhand smoke has been designated as a known human carcinogen, and The National Institute for Occupational Safety and Health has concluded that secondhand smoke is an occupational carcinogen.

*Exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer.

*Nonsmokers exposed to secondhand smoke increase their chances of heart disease and cancers.

*Eliminating smoking in indoor spaces fully protects nonsmokers from exposure to secondhand smoke. Separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot eliminate exposures of nonsmokers to secondhand smoke.


Virginia GASP, February 24, 2008 -- Page 2 of 5

Several states in this country, and several nations around the world have total no-smoking in any workplace, and many have it at least in both restaurants and bars. The laws are working well, businesses have discovered they have more customers because the majority of people do not smoke and do not want to breathe smoke.

Both in the USA and in Italy studies examining the number of acute coronary events before and after the launch of the smoking bans revealed a significant decrease in acute coronary events (strokes, heart attacks) once the smoking bans began. This is a saving of lives, and of money.

The recent study looking at Italy, published in Circulation, stated:

"We found a statistically significant reduction in acute coronary events in the adult population after the smoking ban. The size of the effect was consistent with the pollution reduction observed in indoor public places and with the known health effects of passive smoking. The results affirm that public interventions that prohibit smoking can have enormous public health implications."

Indeed, if smoking is allowed in bars, or in bars and restaurants after 10:00 pm:

(1) the public health, including employee health, is not protected,

(2) years of suffering and deaths from secondhand smoke would pass before Virginia has complete no-smoking in restaurants and bars,

(3) it would allow the anti-health Delegates to tell voters that they had supported no-smoking in restaurants when in fact they had not done so.

The compromise to allow smoking in restaurants and bars after 10:00 pm is ludicrous. Particulate matter, toxins, carcinogens, pollution, tar, and nicotine all would remain in the air, on curtains, floors, furniture, walls, to be breathed in by everyone the next day. And of course this offers zero protection to the employees working the late shift who cannot possibly hold their breath that long!

When the current law was close to being passed in 1990, the tobacco industry tried to have smoking permitted on school buses when no students were present. This was defeated, fortunately. Then, some years later, there was a bill to make schools totally smoke-free. The tobacco industry changed the wording, allowing smoking in schools after the students had left, because they said it was not fair to janitors, maids, and anyone attending adult meetings in the evenings. It took several years to get that changed to be no-smoking in any school at any time.

The tobacco industry's tactics are always delay, delay, delay. But people must breathe, and smoke is not good for any living thing. That's why the tobacco industry does not allow smoking around tobacco seedlings -- because it kills them (tobacco mosaic virus).


Virginia GASP, February 24, 2008 -- Page 3 of 5

The compromise to allow smoking in bars but not restaurants is also ludicrous. Many large restaurants have bars, thus restaurants would not be smoke-free. Smoke has never learned to read signs. Employees serving and cleaning the bars would not be protected.

Cigar Associations are establishing cigar bars, and if you allow smoking in bars, they will use that to their advantage, and to the detriment of employee and customer health. The tobacco industry has encouraged Hookah bars and cafes, popular with college age young people who mistakenly think this is safe, which studies have repeatedly shown it is not safe.

Regarding the bars in general, a recent study this month in the American Journal of Industrial Medicine examined the death of a woman employee who reported for work at the bar, said hello to the Disc Jockey, went to begin her duties, and suddenly grabbed the arm of the manager at that time, saying she had to get to the hospital, she had forgotten to bring her inhaler. Before the emergency crew arrived, she was dead.

"Evaluation of the circumstances of her death and her medical history concluded that her death was from acute asthma due to environmental tobacco smoke at work." And further that, "Recent studies of asthma among bar and restaurant workers before and after smoking bans support this association. This death dramatizes the need to enact legal protections for workers in the hospitality industry from secondhand smoke."

Please continue your strong efforts to have no-smoking in all restaurants and bars at all times with no exceptions. The public respects you for urging government to protect the public health and welfare and safety. The public is increasingly angry at legislators blocking this.

Sincerely,
Anne Morrow Donley, co-founder, Virginia Group to Alleviate Smoking in Public, Inc.
http://www.gasp.org/

Documentation:

"How Many Deaths Will it Take Before All Indoor Workplaces are NO-SMOKING?"
American Journal Industrial Medicine, Dec. 7, 2007, article by M. Stanbury, D. Chester, E. Hanna, K. Rosenman of Michigan, noting the waitress collapsed at the bar where she worked and was declared dead shortly thereafter. Evaluation of the circumstances of her death and her medical history concluded that her death was from acute asthma due to environmental tobacco smoke at work. CONCLUSIONS: This is the first reported acute asthma death associated with work-related ETS. Recent studies of asthma among bar and restaurant workers before and after smoking bans support this association. This death dramatizes the need to enact legal protections for workers in the hospitality industry from secondhand smoke.
http://www3.interscience.wiley.com/cgibin/abstract/117859611/ABSTRACT?CRETRY=1&SRETRY=0


Virginia GASP, February 24, 2008 -- Page 4 of 5

Circulation, February 2008, "Effect of the Italian Smoking Ban on Population Rates of Acute Coronary Events", published online before print, February 11, 2008. Authors Giulia Cesaroni MSc, Francesco Forastiere MD, PhD*, Nera Agabiti MD, Pasquale Valente MD, Piergiorgio Zuccaro PhD, and Carlo A. Perucci MD. From the Department of Epidemiology (G.C., F.F., N.A., C.A.P.), Local Health Unit ASL RME, and Istituto Superiore di Sanità (P.V., P.Z.), Rome, Italy.


"... We evaluated changes in the frequency of acute coronary events in Rome, Italy, after the introduction of legislation that banned smoking in all indoor public places in January 2005.
Conclusions—We found a statistically significant reduction in acute coronary events in the adult population after the smoking ban. The size of the effect was consistent with the pollution reduction observed in indoor public places and with the known health effects of passive smoking. The results affirm that public interventions that prohibit smoking can have enormous public health implications."


Some conclusions from:

The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General, U.S. Department of Health and Human Services June 2006
**Secondhand smoke exposure causes disease and premature death in children and adults who do not smoke.

**Secondhand smoke contains hundreds of chemicals known to be toxic or carcinogenic (cancer-causing), including formaldehyde, benzene, vinyl chloride, arsenic, ammonia, and hydrogen cyanide.

**Secondhand smoke has been designated as a known human carcinogen (cancer-causing agent) by the U.S. Environmental Protection Agency, National Toxicology Program and the International Agency for Research on Cancer (IARC). The National Institute for Occupational Safety and Health has concluded that secondhand smoke is an occupational carcinogen.

**Exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer.

**Concentrations of many cancer-causing and toxic chemicals are higher in secondhand smoke than in the smoke inhaled by smokers.

**Breathing secondhand smoke for even a short time can have immediate adverse effects on the cardiovascular system and interferes with the normal functioning of the heart, blood, and vascular systems in ways that increase the risk of a heart attack.

**Nonsmokers who are exposed to secondhand smoke at home or at work increase their risk of developing heart disease by 25 - 30 percent.


Virginia GASP, February 24, 2008 -- Page 5 of 5

Surgeon General's Report, continued:

**Nonsmokers who are exposed to secondhand smoke at home or at work increase their risk of developing lung cancer by 20 - 30 percent.

**The scientific evidence indicates that there is no risk-free level of exposure to secondhand smoke.

**Short exposures to secondhand smoke can cause blood platelets to become stickier, damage the lining of blood vessels, decrease coronary flow velocity reserves, and reduce heart rate variability, potentially increasing the risk of a heart attack.

**Secondhand smoke contains many chemicals that can quickly irritate and damage the lining of the airways. Even brief exposure can result in upper airway changes in healthy persons and can lead to more frequent and more asthma attacks in children who already have asthma.

**Eliminating smoking in indoor spaces fully protects nonsmokers from exposure to secondhand smoke. Separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot eliminate exposures of nonsmokers to secondhand smoke.

**Conventional air cleaning systems can remove large particles, but not the smaller particles or the gases found in secondhand smoke.
**Routine operation of a heating, ventilating, and air conditioning system can distribute secondhand smoke throughout a building.
**The American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), the preeminent U.S. body on ventilation issues, has concluded that ventilation technology cannot be relied on to control health risks from secondhand smoke exposure.

http://www.surgeongeneral.gov/library/secondhandsmoke/

The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General was prepared by the Office on Smoking and Health, National Center for Chronic Disease Prevention and Health Promotion, Centers for Disease Control and Prevention (CDC). The Report was written by 22 national experts who were selected as primary authors. The Report chapters were reviewed by 40 peer reviewers, and the entire Report was reviewed by 30 independent scientists and by lead scientists within the Centers for Disease Control and Prevention and the Department of Health and Human Services. Throughout the review process, the Report was revised to address reviewers’ comments.


The Virginia state code notes that employees should have the right to a safe work environment.
So far this has not included secondhand smoke.

Remember Heather Crowe:
22nd May, 2006 -- Death of Heather Crowe, only 61, a Canadian waitress for about 40 years, who died of lung cancer from secondhand smoking at her job.  She became an eloquent spokesperson fighting to be the "last Canadian to die of secondhand smoking."  She had hoped to see the May 31st beginning of a smoke-free Ontario.  Thank you, Heather, for speaking out to save all our lives. 
For more information:  Physicians for a Smoke-Free Canada.

Secondhand Smoke hurts and kills.  Fact Sheets are available at
this web site
James Repace http://www.repace.com/
Recent Study notes the death of a waitress dying immediately from asthma attack brought on by secondhand smoke.

Fact Sheet On Fires From Cigarettes:  this web site


****  To provide easier access to excerpts of the growing volume of news coverage on the 2008 no-smoking bills, a separate web page has been created.
      2008 Excerpts NEWS Reports  ****  


THE  VIRGINIA  STATE  LAW

15.2-2800 - 15.2-2810 State Law
[formerly 15.1-291.1 - 15.1-291.3]

Current as of 2008, in the public interest by GASP®
The law was passed in 1990; with some amendments later.

Virginia Group to Alleviate Smoking in Public

The Virginia Indoor Clean Air Act was passed in 1990.

Topics in brochure:
Any business may be smoke-free.
Smoking is totally prohibited in certain areas.
Additional required no-smoking areas.
Against the law to smoke in a no-smoking area.
How the law defines smoking.
Posting of signs.
Exemptions to the law.
What if smoking areas are permitted?
Walking through smoke to reach the no-smoking.
Restaurants.
Enforcement.
The workplace.
Avoiding violations.
Local laws, grandfathered in.
Prohibition on new local laws.



STATE LAW - WHO CAN BE SMOKE-FREE?

ANY workplace, agency, etc. may be smoke-free.  The state law presents only the bare minimum that is required.  There is no legal requirement to provide a smoking area.
No one is required to provide a smoking area.


SMOKING IS TOTALLY PROHIBITED IN:

Indoor Service and Indoor Cashier Lines
This includes persons on BOTH sides of the counter or desk, employee and customer. Includes bakery, deli, salad bar, information, customer service desk, etc.

Hospital Emergency Rooms

Indoor Elevators, regardless of capacity

Polling Rooms (where you vote)

Local or District Health