Anti-smoking bills pass in Senate, move on to House

RICHMOND

A bill to significantly restrict smoking in most public places, and three other bills that would ban smoking in restaurants, all advanced out of the Senate on Tuesday.

The most far-reaching of the bills is legislation introduced by Sen. Mary Margaret Whipple,

D-Arlington. Her measure, SB298, would ban smoking in most public places, including restaurants and was approved, 23-15-1. It includes language to let localities adopt ordinances for their communities that place even more restrictions on smoking.

The three other bills that advanced ban smoking in restaurants. All are sponsored by members of the Hampton Roads delegation.

Sens. Mamie Locke, D-Hampton, and Ralph Northam, D-Norfolk, are jointly pushing SB501, a measure that would prohibit smoking in restaurants and bars across the state but makes an exception for facilities with outdoor areas that aren't enclosed.

It was approved 28-10-1.

Two other bills would give local governments the option to tailor their own restaurant smoking laws.

Sen. Fred Quayle, R-Suffolk, has a bill, SB202, that would permit any locality to adopt a smoking ban in restaurants; while SB347, a bill from Sen. Harry Blevins, R-Chesapeake, is crafted specifically to give Hampton Roads communities a local option.

All four bills received affirmative votes from every member of the Hampton Roads delegation, but there was debate about the scope of Whipple's SB298.

Sen. Ken Cuccinelli,

R-Fairfax, was critical of Whipple's bill, saying that, in addition to curtailing smoking in public places, the measure targets people who privately gather to smoke together.

"This specifically targets attempts by the distinct minority of folks, even in Virginia, to have smoking clubs... an otherwise legal undertaking," he said, calling the language an unconstitutional restriction on the right of free association.

Citing data from medical studies about the negative health effects of secondhand smoke, Whipple said "it is time to take this important public health measure."

A public place, as defined in her bill, would include restaurants and bars, school buildings, child care facilities and recreational facilities.

The Whipple bill would require properties where smoking is prohibited to post signs indicating as much and to remove all ashtrays and related paraphernalia. Fines for violators would range from $100 to $500.

Locke said the bill she and Northam are sponsoring would ban smoking in restaurants and bars but would provide an exception for outdoor areas that are not enclosed. Like Whipple's bill, it would require that "no smoking" signs be posted. The bill carries a $25 penalty for violations.

Quayle said SB202 allows any locality in the state to adopt a local restaurant smoking ban.

Blevins' SB347 would provide the local option to Hampton Roads communities.

All four bills now advance to the House of Delegates.

Julian Walker, (804) 697-1564, julian.walker@pilotonline.com