[Virginia GASP]   2009 Legislative Actions -- Virginia Clean Indoor Air

This page was updated March 9, 2009.
Please see the page on newspaper reports for further information.

March 9, 2009 -- Governor Timothy Kaine has signed the no-smoking in restaurants, bars legislation, 2 pm at Croc's 19th Street Bistro in Virginia Beach, Va.

The Virginia General Assembly has adjourned (2/28/09).

  Special Links on the current law, VPAP, and more

PLEASE NOTE --
Senator Ralph Northam's (D) bill on no-smoking in restaurants passed (text at this link), and Governor Timothy Kaine (D) has signed it.  Delegate John Cosgrove (R) carried a bill which was used by the Speaker of the House, William Howell (R), to be the Republican bill to match the Senate Democratic bill for the compromise between Howell and Kaine.  It has also passed both houses after changes to it, and the two bills became identical to each other.

Delegate John Cosgrove has been quoted in the press as saying that his constituents support this legislation, and that the argument about government not telling business what to do is ridiculous:
"Every restaurant is regulated now: They have a business license, they have an alcohol license, they have department of health regulations. The nanny-ism argument is spurious. Some people say it's a property-rights issue. People said the same thing when they didn't want to integrate their restaurants."  The Virginian-Pilot.
Think of the lives that could have been saved, the medical bills and suffering erased if he had voted his word for the last three years when he voted with the other six members of the Gaming subcommittee of General Laws to kill all the House and Senate no-smoking bills.  This year is an election year.

Thursday, February 19th -- afternoon --

The conference committee revised the much battered "compromise" restaurant bill, SB 1105, of Senator Northam.  The Senate accepted it on a vote of 27-13, and the House adopted it voting 60-39 (1 not voting).
It has removed the "shall permit smoking" replacing it with "may permit smoking" under the exceptions allowed in prohibiting smoking in restaurants and bars.  The text of the current bill, which the governor is expected to sign is at http://leg1.state.va.us/cgi-bin/legp504.exe?091+ful+SB1105S2

This essentially will require all restaurants and bars in Virginia to be no-smoking as of December 1, 2009.  The exceptions are a separately ventilated smoking room with entrance from the outside (which does not protect employees from secondhand and thirdhand smoke), private clubs (carefully defined), private function held in a separately ventilated room, mobile hot dog stands (which contradicts an earlier 1950's law where smoking is prohibited around food preparation), and tobacco industry cafes.

Senate Vote on SB 1105, Feb. 19th, accepting the conference committee report:
YEAS--Albo, Alexander, Amundson, Armstrong, BaCote, Barlow, Bell, Bouchard, Bowling, Brink, Bulova, Caputo, Carrico, Cosgrove, Cox, Dance, Ebbin, Eisenberg, Englin, Hamilton, Herring, Howell, A.T., Hull, Iaquinto, Joannou, Johnson, Jones, Knight, Landes, Lingamfelter, Marsden, Marshall, R.G., Mathieson, May, McClellan, McQuinn, Melvin, Miller, J.H., Miller, P.J., Morgan, Morrissey, Oder, Orrock, Phillips, Plum, Poisson, Purkey, Rust, Scott, J.M., Shannon, Sickles, Spruill, Tata, Toscano, Tyler, Valentine, Vanderhye, Ward, Watts, Mr. Speaker--60.

NAYS--Abbitt, Athey, Byron, Cline, Cole, Fralin, Frederick, Gear, Gilbert, Griffith, Hall, Hargrove, Hogan, Hugo, Ingram, Janis, Kilgore, Lewis, Lohr, Loupassi, Marshall, D.W., Massie, Merricks, Nichols, Nixon, Nutter, O'Bannon, Peace, Pogge, Poindexter, Pollard, Putney, Saxman, Scott, E.T., Sherwood, Shuler, Ware, O., Ware, R.L., Wright--39.
NOT VOTING--Crockett-Stark--1.

House Vote on SB 1105, adopting the conference committee report from the Senate:
YEAS--Barker, Blevins, Colgan, Deeds, Edwards, Herring, Houck, Howell, Locke, Lucas, Marsh, McEachin, Miller, J.C., Miller, Y.B., Norment, Northam, Petersen, Puckett, Puller, Quayle, Saslaw, Stolle, Stuart, Ticer, Vogel, Wagner, Whipple--27.

NAYS--Cuccinelli, Hanger, Hurt, Martin, McDougle, Newman, Obenshain, Reynolds, Ruff, Smith, Stosch, Wampler, Watkins--13.

Thursday, Feb. 19th -- the subcommittee composed of
Delegates Cline, Athey, Poindexter, Gilbert, and Shuler of the House Militia, Police, and Public Safety Committee "laid on the table" -- translation Killed -- Senator Northam's SB 1106, no-smoking in cars when children are present.  Chair Beverly Sherwood had the power to bring the bill before the full committee, but had already voted AGAINST no-smoking in restaurants, in the compromise bill.  Remember, this bill had passed the Senate 30-10, but only 5 people in the House killed it.

Tuesday afternoon, February 17th -- Regarding the HB 1703, the House compromise bill carried by John Cosgrove (see votes in six member subcommittee in 2008, 2007 editions), this had passed the full House with several tobacco industry amendments, and was sent to the Senate, which assigned it to the Senate Local Government Committee, which met Tuesday afternoon in its regular schedule.  That committee has passed the bill to the full Senate, where it may likely be stripped of its amendments and enter the conference committee with Senator Northam's bill.
The Senate Local Government Committee vote, Feb. 17, 2009:
YEAS--Lucas, Marsh, Quayle, Ticer, Puller, Herring, Locke, Stuart--8
NAYS--Martin, Hanger, Reynolds, Ruff, Cuccinelli, Obenshain, Smith--7

Tuesday, February 17th -- Regarding Senator Northam's SB 1105 -- which passed the Senate, was transformed into a compromise bill by the House committee and then tobacco industry amendments added to it in the full House, the Senate then removed the amendments.  Now --
02/17/09  House: House insisted on amendments
02/17/09  House: House requested conference committee
02/17/09  Senate: Senate acceded to request (33-Y 7-N)
02/17/09  Senate: Conferees appointed by Senate
02/17/09  Senate: Senators: Northam, Locke, Quayle

The Senate vote to agree to a conference committee:
YEAS--Barker, Blevins, Colgan, Deeds, Edwards, Hanger, Herring, Houck, Howell, Locke, Lucas, Marsh, McEachin, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Petersen, Puckett, Puller, Quayle, Reynolds, Saslaw, Stolle, Stosch, Stuart, Ticer, Vogel, Wagner, Wampler, Watkins, Whipple--33.
NAYS--Cuccinelli, Hurt, Martin, McDougle, Obenshain, Ruff, Smith--7.

Monday, February 16th -- According to The Washington Post, Governor Timothy Kaine and Speaker of the House William Howell met on Friday 13th to discuss resurrecting the no-smoking in restaurants and bars legislation. 

Feb. 16 after noon -- floor of the Senate -- Senator Northam noted that his bill SB 1105 had been transformed into the "compromise" bill by the full House as the substitute bill.  Then numerous amendments were tacked onto it changing it drastically.  Sen. Northam asked the Senate to separate the substitute bill from the House amendments, because he wanted the Senate to accept the House substitute and then he would have it worked on, and to kill the House amendments.  They did so.  The bill goes to the House to consider the Senate's actions, and may end up in conference committee. Meantime, HB 1703 which mirrors this thanks to House action is in the Local Government committee in the Senate.  Senator Northam has another bill, SB 1106.

The Senate accepted the House substitute to SB 1105 voting 29-9, 2 not voting:
YEAS--Barker, Blevins, Colgan, Deeds, Edwards, Herring, Houck, Howell, Locke, Lucas, Marsh, McEachin, Miller, J.C., Miller, Y.B., Norment, Northam, Petersen, Puckett, Puller, Quayle, Reynolds, Stolle, Stosch, Stuart, Ticer, Vogel, Wagner, Wampler, Whipple--29.
NAYS--Cuccinelli, Hanger, Hurt, Martin, McDougle, Newman, Obenshain, Ruff, Smith--9.
NOT VOTING--Saslaw, Watkins--2

The Senate rejected the House tobacco amendments, voting 11 to accept and 29 to reject:
YEAS--Cuccinelli, Hanger, Martin, McDougle, Newman, Obenshain, Ruff, Smith, Stosch, Wampler, Watkins--11.
NAYS--Barker, Blevins, Colgan, Deeds, Edwards, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, McEachin, Miller, J.C., Miller, Y.B., Norment, Northam, Petersen, Puckett, Puller, Quayle, Reynolds, Saslaw, Stolle, Stuart, Ticer, Vogel, Wagner, Whipple--29.

In the House, on Feb. 16th, Senator Northam's no-smoking in cars when a minor is present, was sent to the House Militia, Police, and Public Safety Committee, and on Feb. 19th a small subcommittee on a voice vote killed the bill by "leaving it on the table".  The subcommittee members are Cline, Athey, Poindexter, Gilbert, Shuler.
Full committee members are as follows:
Delegates Sherwood (Chairman),  Griffith,  Kilgore,  Wright,  Carrico,  Lingamfelter,  Nutter,  Athey,  Janis,  Cline,  Gilbert,  Poindexter,  Merricks,  Scott, J.M.,  Barlow,  Shuler,  Lewis,  Miller, P.J.,  Poisson,  Tyler,  Bowling,  Herring.

Friday,
February 13th --
also Wed. Feb. 11, Thurs. Feb. 12
Virginia Senate -- SB 1105 the much transformed "deal" bill was passed by for the day at the full Senate session.  Having passed the Senate in a much different form than it was on leaving the House, the Senate must now decide what to do about it.

According to The Bristol Herald Courier, this so-called compromise bill between the Governor and the House Speaker may not have been an actual compromise on the part of Speaker of the House William Howell:
In a Wednesday telephone interview, Kilgore claimed Howell’s promise of compromise was only to get the legislation out of committee, “... there was no guarantee to get it out of the House. I asked him about adding amendments and he said that was up to me, if I believed I could get support to pass them.”

Wednesday, February 11th --
Virginia Senate -- SB 1105 the much transformed "deal" bill was passed by for the day.
Virginia Senate -- HB 1703 having passed the House, has now been referred to Senate Local Government Committee.

The excellent comprehensive no-smoking in the workplace bill carried by Senator Mary Margaret Whipple passed the Senate, and on February 6 the House General Laws Committee by VOICE vote incorporated it into Senator Northam's SB 1105, which was then transformed a few days later into a tobacco bill to match the HB 1703 substitute.

Tuesday, February 10th -- Virginia Senate
Passed Senator Northam's SB 1106 (substitute) to prohibit anyone smoking in a car when minors are present, $100 civil penalty.  Vote:  30-10; brief article on it.
YEAS--Barker, Blevins, Colgan, Deeds, Edwards, Hanger, Herring, Houck, Howell, Locke, Lucas, Marsh, McEachin, Miller, J.C., Miller, Y.B., Norment, Northam, Petersen, Puckett, Puller, Quayle, Reynolds, Saslaw, Stolle, Stosch, Stuart, Ticer, Vogel, Watkins, Whipple--30.

NAYS--Cuccinelli, Hurt, Martin, McDougle, Newman, Obenshain, Ruff, Smith, Wagner, Wampler--10.

This bill, SB 1106, as of February 13th, has not passed the first reading in the House of Delegates, after which it would normally be assigned to a committee.

Tuesday, February 10th -- Virginia House of Delegates
The Virginia House of Delegates has passed HB 1703, the compromise bill carried by John Cosgrove who has consistently voted to kill all no-smoking bills in the last three years.  This bill was transformed from a compromise developed by Governor Kaine and Speaker William Howell into a tobacco bill.  The vote on Tuesday afternoon is 61-37, many voting in the hope that it may be resurrected as a bill to address the health and safety and welfare issues of allowing smoking in restaurants and bars where people work and eat and dare to breathe.

Delegate Kathy Byron (R)
spoke of government not taking away freedoms from businesses to make their own decisions, that government should not "send a message to folks that those freedoms should be decided on by the government."  Her statement followed passage of a bill she had spoken in favor of which would require government to make a medical decision for physicians and women that ultrasounds MUST be taken before any miscarriage or abortion is performed.  Thus, she supports one thing for restaurants, and another thing for medical establishments.

Using an age old tobacco executive argument, Byron said would restaurants refuse to serve more than a certain amount of food at a buffet, and then say we can't serve you any more?  Byron of course is forgetting that breathing is necessary to life -- smoking is not, and places that allow smoke are FORCING people to breathe in the smoke and all its cancer and heart stopping toxins.  No one is force feeding anyone at a restaurant or workplace.

Delegate Algie Howell (D)
related that as a child and needing a job to earn money, he had worked in a barbershop.  The barber was a chain smoker, and the barbershop was filled with smoke all the time.  Then Howell married a woman to whom he is still happily married, and she was a smoker.  Their child developed asthma from being around the smoke and he, Delegate Howell, developed asthma from being around the smoke there and in the barbershop as he was growing up, and his wife is 24/7 confined to the house on oxygen.  So he said, "For the benefit of all the children born, and those who will be born, I urge you to pass this bill."

The full House floor vote on HB 1703, February 10, 2009:
YEAS--Albo, Alexander, Amundson, Armstrong, BaCote, Barlow, Bell, Bouchard, Bowling, Brink, Bulova, Caputo, Carrico, Cosgrove, Cox, Crockett-Stark, Dance, Ebbin, Eisenberg, Englin, Hamilton, Herring, Howell, A.T., Hull, Iaquinto, Joannou, Johnson, Jones, Knight, Landes, Lingamfelter, Marsden, Marshall, R.G., Mathieson, May, McClellan, McQuinn, Melvin, Miller, J.H., Miller, P.J., Morgan, Morrissey, Nichols, Oder, Orrock, Phillips, Plum, Purkey, Rust, Scott, J.M., Shannon, Sickles, Spruill, Tata, Toscano, Tyler, Valentine, Vanderhye, Ward, Watts, Mr. Speaker--61.

NAYS--Abbitt, Athey, Byron, Cline, Cole, Fralin, Frederick, Gear, Gilbert, Griffith, Hall, Hargrove, Hogan, Hugo, Ingram, Janis, Kilgore, Lewis, Lohr, Loupassi, Marshall, D.W., Massie, Merricks, Nixon, Nutter, O'Bannon, Peace, Pogge, Poindexter, Pollard, Putney, Saxman, Scott, E.T., Sherwood, Shuler, Ware, O., Ware, R.L., Wright--37.

NOT VOTING--Lohr, Poisson--2.

Monday, February 9th -- Virginia House of Delegates
The Virginia House of Delegates has now united the House bill HB 1703 and the Senate bill SB 1105 into one tobacco bill which bears no resemblance to their origins, nor to the compromise bill proposed by Governor Kaine and Speaker of the House Howell.  While the present Virginia law does NOT require smoking areas, but allows any business to be totally no-smoking, this current legislation DOES REQUIRE smoking areas, see below.  The House bill will have the third and final reading and vote on Tuesday February 10th.

Here's what happened on February 9th:
At 10 am Speaker Howell announced that SB 1105 would be considered after the House bills are finished. 

At 5:15 pm, the House passed a MUCH changed bill HB 1703 voting 61-38.  Numerous floor amendments were added which turn this into a total tobacco bill.  Obviously, the "smoking shall be permitted" instead of "may" be permitted, was an intentional item, and has been used now to add amendments which would force even smoke-free restaurants to allow smoking when minors are not present or not allowed, when a private function, such as a wedding, hires the entire restaurant, and would not apply to any restaurant (bar) with fewer than 75 seats, would not take effect until January 2010, and reduced the separately ventilated smoking section to an enclosed room with a door. 

The present law does NOT require any smoking areas, and present law, passed in 1990, requires any restaurant with 50 seats or more either to be no-smoking or at least to have a no-smoking area sufficient to meet customer demand. 

Delegate David Englin (D) asked his colleagues to pass the bill even though it has been gutted because he hopes that the Governor and Speaker can revisit their compromise and come out with a good bill. 

Delegate John Cosgrove (R) whose bill it is said it was time that this bill had an up or down vote -- this from a man who has been part of the six member subcommittee that killed all no-smoking bills from both the House and the Senate over the last three years. 

Delegate Robert Hull (D) reminded them that secondhand smoke does not just hurt minors, it hurts everyone; and that a separate room with a door does not prevent the secondhand smoke from circulating into the main areas.

Delegate Riley Ingram (R) spoke about how government has no right to tell a business what to do, although he voted to tell smoke-free restaurants they must now allow smoking.

After 8pm, SB 1105 was transformed into the same as the passed house bill.  The House bill now goes to the Senate for consideration.  It is now up to the Senate to either kill the bill or turn it into a health bill, and if it passes, it is up to the Governor to amend it into a health bill, and get a vote at the Veto session in April, which will show the voters where everyone stands on the issue of no-smoking in restaurants, and not on the farce played out in the House on Feb. 9th.


Monday, Feb. 9, 10:20ish am -- Speaker William Howell arranged that the SB 1105 (Senate version of the compromise bill) would be heard following discussion of House bills that same day.  The House agreed 96-0 to this.  Thus both the House version and the Senate version were heard Feb. 9th.

The full House  floor vote on the much amended SB 1105, making it identical to HB 1703, was as follows -- remembering that some people voted for this terrible bill in the hope that the Senate and/or the Governor with the Speaker might return it to the original compromise.  Please note that Delegate Gear who offered a successful amendment to the House bill to exempt restaurants of 75 seats or less and with the Senate bill tried unsuccessfully to reduce that number to 50, voted against the bill.
YEAS--Albo, Alexander, Amundson, Armstrong, BaCote, Barlow, Bell, Bouchard, Bowling, Brink, Bulova, Caputo, Carrico, Cosgrove, Cox, Crockett-Stark, Dance, Ebbin, Eisenberg, Englin, Hamilton, Herring, Howell, A.T., Hull, Iaquinto, Joannou, Johnson, Jones, Knight, Landes, Lingamfelter, Marsden, Marshall, R.G., Mathieson, May, McClellan, Melvin, Miller, J.H., Miller, P.J., Morgan, Morrissey, Nichols, Oder, Orrock, Phillips, Plum, Purkey, Rust, Scott, J.M., Shannon, Sickles, Tata, Toscano, Tyler, Valentine, Vanderhye, Ward, Watts, Mr. Speaker--59.

NAYS--Abbitt, Athey, Byron, Cline, Cole, Fralin, Frederick, Gear, Gilbert, Griffith, Hall, Hargrove, Hogan, Hugo, Ingram, Janis, Kilgore, Lewis, Lohr, Loupassi, Marshall, D.W., Massie, McQuinn, Merricks, Nixon, Nutter, O'Bannon, Peace, Pogge, Poindexter, Pollard, Putney, Saxman, Scott, E.T., Sherwood, Shuler, Ware, O., Ware, R.L., Wright--39.

NOT VOTING--Poisson, Spruill--2.

Previously, on Feb. 6, the House General Laws had acted on SB 1105, voting 12-6 (4 not voting) on amending the Senate bill.
Voting for the changed SB 1105:  Delegates Jones, Albo, Oder, Cosgrove, Carrico, Iaquinto, J.H. Miller, Barlow, Ward, Dance, Eisenberg, Bowling.
Voting against the changed SB 1105:  Delegates Gear, E.T. Scott, Gilbert, Fralin, Abbitt, Phillips.
Not voting:  Delegates Wright, Hull, Tyler, Bulova.



Below is the historical report on HB 1703.  This is all now irrelevant as per the actions taken on February 9th, described at the top of this page.




The original writing of the new bill HB 1703 that passed the House General Laws Committee would have REQUIRED smoking areas since it used "shall permit smoking" instead of "may permit smoking".  The language specific to restaurants and bars is included in the language of the current law.
The current law is available at this link:

http://leg1.state.va.us/cgi-bin/legp504.exe?091+ful+HB1703H1

The point in question is this part, in the language passed only by the House General Laws, but to be considered by the entire House possibly on Monday February 9 --
A. Effective July 1, 2009 [on Friday Feb. 6 changed to October 1, 2009], smoking shall be prohibited and no person shall smoke in any restaurant in the Commonwealth or in any restroom within such restaurant, except that smoking shall be permitted in:  ... [outdoor cafes, private function rooms, etc., see link above for exact wording.]

The legislature has spent hours in the past on other bills debating a "may" or a "shall" in a bill.   The current law does NOT mandate smoking areas anywhere.

Writing about the deal arranged between Governor Kaine and Speaker Howell, The Virginian Pilot, Editorial, February 6, 2009, noted:
Cynics explain the turnaround by pointing out this is an election year, and there's no doubt that public demand for clean air has changed hearts and votes this winter.

However, it is also true that political suspicions could easily have destroyed all hope of progress. Gov. Kaine and Speaker Howell deserve credit for setting their fears and rivalries aside and working together. Norfolk Sen. Ralph Northam, sponsor of the smoking ban bill, also merits a cheer for his months of hard work and his passion for good health.

And special recognition goes to Del. Chris Jones, the rock-steady, unflappable Suffolk Republican who helped forge this week's deal after assuming chairmanship of the committee that has historically killed smoking restrictions. Never a self-promoter, Jones didn't make splashy, headline-seeking promises. He worked quietly behind the scenes to build consensus and trust. That's a strategy that has served him, and all Virginians, well.
   
Earlier, it was reported that the House General Laws Committee would at the last moment in this half of the session consider the eight House no-smoking bills. 

After a two hour hearing on the bill, on the evening of February 5th, and after the news conference held by the Governor and Speaker, the House General Laws passed HB 1703 with a substitute, 16-6.
Voting for -- Jones, Albo, Oder, Cosgrove, Carrico, Iaquinto, J.S. Miller, Phillips, Barlow, Hull, Ward, Dance,  Tyler, Bulova, Eisenberg, Bowling.
Voting against -- Wright, Gear, E.T. Scott, Gilbert, Fralin, Abbitt.

Then on Friday, February 6th, the same General Laws Committee voted 9-4 (vote not yet online) to change the effective date from July 1, 2009 to October 1, 2009.

The full Senate has passed four Senate no-smoking bills.  With the February 5th compromise between the governor and the speaker, it remains to be seen whether bills such as those carried by Senator Whipple and Senator Lucas will be allowed to pass.  The Lucas bill would allow localities to pass stronger no-smoking laws that what the state has, and the Whipple bill would make most workplaces no-smoking workplaces.


Passed by the full Senate and sent to the House: 
SB 870 (Lucas), 1002 (Quayle), 1057 (Whipple), and 1105 (Northam, which incorporates 1105 and Saslaw's 1160) have passed the full Senate on Tuesday, Feb. 3rd.  The Senate floor vote, and the
Senate Education and Health Committee votes are given further down this page.

Senator Northam's no smoking in cars when minor is present (1106), and Senator Stolle's bill (1382) are still in committee.

After February 10th the Senate bills will be considered by the House.
The House still has not heard the eight House no-smoking bills.  In past years, the six members of the Gaming subcommittee of General Laws have killed all no-smoking bills.  The new committee chairman, S. Chris Jones, has promised a full and fair hearing.

The Senate vote on these bills is as follows:
February 3, 2009, Senate floor vote (this means the full Virginia Senate):
Senator Lucas SB 870  23-16, 1 not voting
Voting YES:  Senators Barker, Blevins, Colgan, Deeds, Edwards, Herring, Houck, Howell, Locke, Lucas, Marsh, McEachin, Miller, J.C., Miller, Y.B., Northam, Petersen, Puckett, Puller, Quayle, Saslaw, Ticer, Vogel, Whipple.
Voting NO:  Senators Cuccinelli, Hanger, Hurt, Martin, McDougle, Norment, Obenshain, Reynolds, Ruff, Smith, Stolle, Stosch, Stuart, Wagner, Wampler, Watkins.
Not Voting:  Senator Newman.

Senator Quayle SB 1002  30-10
Voting YES:  Senators Barker, Blevins, Colgan, Deeds, Edwards, Herring, Houck, Howell, Locke, Lucas, Marsh, McEachin, Miller, J.C., Miller, Y.B., Norment, Northam, Petersen, Puckett, Puller, Quayle, Reynolds, Saslaw, Stolle, Stosch, Stuart, Ticer, Vogel, Wampler, Watkins, Whipple.
Voting NO:  Senators  Cuccinelli, Hanger, Hurt, Martin, McDougle, Newman, Obenshain, Ruff, Smith, Wagner.

Senator Whipple SB 1057  24-15, 1 not voting
Voting YES:  Senators Barker, Blevins, Colgan, Deeds, Edwards, Herring, Houck, Howell, Locke, Lucas, Marsh, McEachin, Miller, J.C., Miller, Y.B., Northam, Petersen, Puckett, Puller, Quayle, Saslaw, Stuart, Ticer, Vogel, Whipple.
Voting NO:  Senators  Cuccinelli, Hanger, Hurt, Martin, McDougle, Norment, Obenshain, Reynolds, Ruff, Smith, Stolle, Stosch, Wagner, Wampler, Watkins.
Not Voting:  Senator Newman.

Senator Northam  SB 1105 (and incorporates Senator Saslaw SB 1160)
Voting YES:  Senators  Barker, Blevins, Deeds, Edwards, Herring, Houck, Howell, Locke, Lucas, Marsh, McEachin, Miller, J.C., Miller, Y.B., Norment, Northam, Petersen, Puckett, Puller, Quayle, Saslaw, Stolle, Stuart, Ticer, Vogel, Wagner, Whipple.
Voting NO:  Senators  Cuccinelli, Hanger, Hurt, Martin, McDougle, Newman, Obenshain, Reynolds, Ruff, Smith, Stosch, Wampler, Watkins.
Not Voting:  Senator Colgan.

SENATE VOTE on Senate no-smoking bills
The full Senate Education and Health Committee voted 11-3 to send the bills to the full Senate:
VOTING FOR:  Senators Houck, Saslaw, Lucas, Howell, Quayle, Edwards, Whipple, Blevins, Locke, Northam, J.C. Miller.  Senator Barker was not present.

VOTING AGAINST these no-smoking bills:  Senators Martin, Newman, Ruff.

Senator Stolle's SB 1382 which has several exceptions to no-smoking areas was not taken up by the committee, and will be worked on.  See media story at this link.

Senate Bill 1106, Senator Northam, no-smoking in cars when minor is present, is on the February 5 docket of Senate Courts of Justice Committee, having been passed from the Criminal subcommittee.
This bill was first assigned to Transportation, then to Courts of Justice, Criminal subcommittee, which has reported it to the full Courts of Justice Committee with an amendment.  The text of the amendment is not yet available to the public.  The subcommittee asked that the bill be placed into the 18.2 section of the State Code dealing with minors not allowed to possess or use tobacco products.  This of course is not the point of the bill, which is like those passed in other states in order to protect babies, children, and teenagers from secondhand smoke while in the small confines of a vehicle.
The substitute language was later established and passed.  Below are the votes, and this link gives the text of the substitute.

The no-smoking in cars when minor is present bill was passed by the committee:
02/04/09  Senate: Reported from Courts of Justice with substitute (7-Y 4-N)
YEAS--Marsh, Quayle, Lucas, Edwards, Reynolds, Puller, Deeds--7.
NAYS--Cuccinelli, Obenshain, McDougle, Hurt--4.

The bill passed the Senate, February 10, 2009, 30-10.
02/10/09  Senate: Read third time and passed Senate (30-Y 10-N)
YEAS--Barker, Blevins, Colgan, Deeds, Edwards, Hanger, Herring, Houck, Howell, Locke, Lucas, Marsh, McEachin, Miller, J.C., Miller, Y.B., Norment, Northam, Petersen, Puckett, Puller, Quayle, Reynolds, Saslaw, Stolle, Stosch, Stuart, Ticer, Vogel, Watkins, Whipple--30.
NAYS--Cuccinelli, Hurt, Martin, McDougle, Newman, Obenshain, Ruff, Smith, Wagner, Wampler--10.

Special LINKS: 
The current Virginia Indoor Clean Air Act
  passed in 1990.

2009:

Excerpts of news items in 2009

2008 and earlier:
Legislative history for 2008 and earlier
Excerpts of news items 2008

Virginia State:
Virginia State Legislative Information  provides up to date information on each bill
Virginians -- Finding name, etc. of your state assembly delegate, senator, go to this link, and type in your address and zip code
Virginians -- Leaving phone message with your state delegate, state senator, you may call their office directly, or leave a recorded message with your name and the name of your legislator at the general number of 800-889-0229, or locally 804-698-1990.

The Money --
contributions to legislators and parties -- Virginia Public Access Project  
Example:
The Virginia Public Access Project reports that in one year, 2007-2008, Altria (Philip Morris USA) gave $518,426 to members of the General Assembly, with 57% of that going to Republicans.  Speaker of the House William Howell and his Dominion Leadership Trust have received in 2002-2008 more than $160,000 from tobacco companies, with $25,000 coming from Altria in 2008.

The Virginia legislative session in 2009 is from January 14 -- February 28, 2009; Veto Session April 8, 2009.
All bills are proposed by January 23.
The House and the Senate must complete work on its own bills by February 10
Those bills which survive then pass to the opposite body, where they go through committee, and the survivors to the full body.


Proposed Virginia Legislation, abbreviations
HB = House Bill
SB = Senate Bill
D = Democrat, followed by District number
R = Republican, followed by District number

You may click on the link which takes you to the state legislative site, where you may follow the progress of the bill, and read the bill.

Here is a list of the proposed legislation on secondhand smoking.   Please see the top of this page for recent events -- the deal struck between the Governor and the Speaker, etc.

House Bills
One might assume that the House bills would be sent to the Health Committee, but no, House Speaker William Howell each year assigns them to General Laws, which in the past has sent them to the killer subcommittee on Gaming.  Delegate Terri Suit left the House last summer, 2008, taking a job as a lobbyist.  Delegate Chris Jones heads the committee in 2009, and told the press he would give the bills a full and fair hearing.

HB 1692 Indoor Clean Air Act; prohibits smoking in all indoor restaurants and bar and lounge areas.
David Englin (D-45), referred to General Laws.

HB 1703 Indoor Clean Air Act; unlawful to smoke in establishment built after July 1, 2010. 
John Cosgrove (R-78), referred to General Laws (his committee; he has repeatedly opposed all no-smoking bills in the past).

HB 1704 Smoke Free Air Act; smoking in public places, civil penalties.
Algie Howell (D-90), referred to General Laws.

HB 1833 Indoor Clean Air Act; allows localities to exceed requirements that regulate smoking.
David Toscano (D-57), referred to General Laws.

HB 2007 Indoor Clean Air Act; smoking in restaurants in Northern Virginia.
Robert Brink (D-48), referred to General Laws.

HB 2067 Smoke Free Air Act; smoking in public places, civil penalties.
Phillip Hamilton (R-93), referred to General Laws.

HB 2246 Indoor Clean Air Act; localities to adopt ordinances containing standards, etc. re. smoking.
William Barlow (D-64), referred to General Laws.

HB 2483 Indoor Clean Air Act; prohibits presence of minors in all indoor restaurants and bar, etc.
Albert Eisenberg (D-47), referred to General Laws.

Senate
Although initially some of the Senate no-smoking bills were sent to Local Government, by January 27th all except one were transferred to Education and Health, and a Special subcommittee on smoking. 

The bill on smoking in cars was sent to Transportation, and then moved to Courts of Justice, and passed to the full Senate by a vote of 30-10 on February 10, 2009. 

SB 870 Indoor Clean Air Act; allows localities to exceed requirements that regulate smoking.
Louise Lucas (D-18), referred to Local Government, which she chairs.  Transferred to Education and Health, subcommittee Special on Smoking, sub. chaired by Lucas.  Education & Health passed this to the full Senate, 11-3 on Jan. 29, 2009.  Senate Committee Vote on this bill listed hereThis passed the Senate and then on February 6, 2009, the House General Laws Committee by a voice vote incorporated it into Senator Northam's restaurant bill SB 1105, which was then a few days later transformed into a tobacco bill to match HB 1703, and has been sent back to the Senate to see if they will agree to the changes or make other changes.

SB 1002 Indoor Clean Air Act; localities to adopt ordinances containing standards, etc. re. smoking.
Frederick Quayle (R-13), referred to Local Government.  Jan. 20, 2009, committee voted 6-6 on this.  Voting for:  Senators Quayle, Ticer, Reynolds, Puller, Herring, Stuart.
Voting against:  Senators Martin, Hanger, Ruff, Cuccinelli, Obenshain, Smith.
Heard again Jan. 27th, transferred to Education and Health and its subcommittee Special on Smoking. 
Education & Health passed this to the full Senate, 11-3 on Jan. 29, 2009.  Senate Committee Vote on this bill listed here.  This passed the Senate and then on February 6, 2009, the House General Laws Committee by a voice vote incorporated it into Senator Northam's restaurant bill SB 1105, which was then a few days later transformed into a tobacco bill to match HB 1703, and has been sent back to the Senate to see if they will agree to the changes or make other changes.

SB 1057 Smoke Free Air Act; smoking in public places, civil penalties.

Mary Margaret Whipple (D-31), referred to Education on Health, subcommittee Special on Smoking.  Education & Health passed this to the full Senate, 11-3 on Jan. 29, 2009.  Senate Committee Vote on this bill listed here.  This passed the Senate and then on February 6, 2009, the House General Laws Committee by a voice vote incorporated it into Senator Northam's restaurant bill SB 1105, which was then a few days later transformed into a tobacco bill to match HB 1703, and has been sent back to the Senate to see if they will agree to the changes or make other changes. 

SB 1105 Indoor Clean Air Act; prohibits smoking in all indoor restaurants and bar and lounge areas.
Ralph Northam (D-6), referred to Local Government.  Jan. 27th, transferred to Education and Health.  Education & Health passed this to the full Senate, 11-3 on Jan. 29, 2009.  Senate Committee Vote on this bill listed here.
See top of page for changing landscape on this.
   
SB 1160 Indoor Clean Air Act; prohibits smoking in all indoor restaurants and bar and lounge areas.
Richard Saslaw (D-35), referred to Education on Health, subcommittee Special on Smoking.  Education & Health passed this to the full Senate, 11-3 on Jan. 29, 2009.  Senate Committee Vote on this bill listed here.
Incorporated into Senator Northam's SB 1105.  See top of page for changing landscape on this.

SB 1382 Smoking in restaurants; creates a statewide ban thereon.
Kenneth Stolle (R-8), referred to Education on Health, subcommittee Special on Smoking.  Not taken up by committee; will be worked on.  On February 6, 2009, 15-0 vote, this was left in the Senate Education and Health Committee.

SB 1106 Smoking in cars; unlawful for a person to smoke in car when minor is present, civil penalty not to exceed $100.  The substitute passed the committee, passed the full Senate 30-10.
SENATE BILL NO. 1106
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee for Courts of Justice
on February 4, 2009)
(Patron Prior to Substitute--Senator Northam)
A BILL to amend the Code of Virginia by adding a section numbered 46.2-112.1, relating to smoking in cars in which a minor is present; civil penalty.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 46.2-112.1 as follows:

§ 46.2-112.1. Smoking in vehicle with a minor present; civil penalty.

It shall be unlawful for a person to smoke in a motor vehicle, whether in motion or at rest, in which a minor is present.

For the purposes of this section, "smoke" means the carrying or holding of any lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment, or the lighting, inhaling, or exhaling of smoke from a pipe, cigar, or cigarette of any kind.

Any person who violates this section shall be subject to a civil penalty of $100 to be paid into the state treasury and credited to the Literary Fund. No assignment of demerit points shall be made under Article 19 (§ 46.2-489 et seq.) of Chapter 3 of this title and no court costs shall be assessed for violations of this section.

A violation of this section may be charged on the uniform traffic summons form.

No citation for a violation of this section shall be issued unless the officer issuing such citation has cause to stop or arrest the driver of such motor vehicle for the violation of some other provision of this Code or local ordinance relating to the operation, ownership, or maintenance of a motor vehicle or any criminal statute.


Here is a list of proposed bills taxing cigarettes and smokeless tobacco.  Each was sent to Finance.  In the House, if a subcommittee kills a bill, it is dead unless the chairman of the committee or a vote of the committee brings it before the full committee.  Or, if it goes into the budget discussions.
From, The Washington Post, January 29, 2009, excerpted in this web site:
The tobacco tax's future remains uncertain. Senate Majority Leader Richard L. Saslaw (D-Fairfax) supports the increase, but House Speaker William J. Howell (R-Stafford) opposes it. Both men will have considerable influence in writing the state's final budget.

Kaine's proposal would generate about $148 million a year, though that could diminish in future years if more people stopped smoking. The national average tax is $1.20 per pack. Forty-six states impose a higher tax on cigarettes than Virginia does.

"It's unfortunate they made this decision without proposing an alternative solution," said Gordon Hickey, Kaine's spokesman. "If this stands, the House is going to have to find $150 million more in Medicaid cuts, and that will certainly harm Virginia's most vulnerable residents."

HB 2249 local county Cigarette tax; not to exceed $0.05 per pack or amount levied by State. 
William Barlow (D-64).  Subcommittee did not recommend in 5-5 vote. 
Voting Yes:  Delegates Orrock, Watts, Caputo, Pollard, Bouchard.
Voting No:
  Delegates Cole, Gear, R.G. Marshall, Lohr, Massie.  Not Voting, Delegate Johnson.


HB 2379 Cigarette tax rate; funding education and Medicaid.
David Englin (D-45).  Finance subcommittee recommended passing by indefinitely 11-0 (killing).  Voting to kill:  Delegates Orrock, Cole, Gear, R.G. Marshall, Lohr, Massie, Johnson, Watts, Caputo, Pollard, Bouchard.  Media story at this link.

HB 2389 Cigarette tax and tobacco products tax; increased.
Robert Brink (D-48)  Finance subcommittee voted to pass by indefinitely 9-2. 
Voting Yes
:  Delegates Orrock, Cole, Gear, R.G. Marshall, Lohr, Massie, Johnson, Pollard, Bouchard. 
Voting No:  Delegates Watts, Caputo.

HB 2645 Tobacco products tax; changes tax on moist snuff.
Terry Kilgore (R-1)  Finance subcommittee voted 8-2 to report with amendments.
Voting Yes:  Delegates Cole, Gear, R.G. Marshall, Lohr, Johnson, Watts, Pollard, Bouchard.
Voting No:  Delegates Orrock, Massie.
Media story:  Altria (aka Philip Morris) and Reynolds American (aka RJ Reynolds) have opposite views on this bill.

SB 947 State cigarette tax and tobacco products tax; increased.
Janet Howell (D-32).  In the Senate Finance Committee on which Janet Howell serves.

SB 1516 Tobacco products tax; changes tax on moist snuff.
Kenneth Stolle (R-8).  In the Senate Finance Committe on which Kenneth Stolle serves.

Here are other tobacco related bills.
HB 1583 License plates, special; issuance to those celebrating State's tobacco heritage.
HB 2456 Tobacco Settlement Foundation; changes name to Virginia Foundation for Healthy Youth.
   
SB 1112 Tobacco Settlement Foundation; name changed.   
SB 1302 Master Settlement Agreement; makes several changes re. criminal enforcement activities.





[Virginia GASP]  Updated March 9, 2009