Tuesday, February 10, 2009
House OKs smoking ban
Lawmakers added several amendments, however, that could stall further support.
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RICHMOND -- The House of Delegates voted Monday to approve a restaurant smoking ban, but only after adding several amendments that weakened the legislation and could jeopardize a compromise that had been reached between key state leaders.
Gov. Tim Kaine and House Speaker Bill Howell, R-Stafford County, announced last week they had reached agreement on a bill to ban smoking in all restaurants except for private clubs and those restaurants that have a separately ventilated smoking section.
House Bill 1703 and Senate Bill 1105 represented a hard-fought compromise that came only after years of failed efforts by advocates to restrict smoking in restaurants and other public gathering spots.
But on Monday, the House added several exceptions suggested by Del. Terry Kilgore, R-Scott County, including times when the entire restaurant is booked for a private function and times when minors are not permitted entry. The latter would allow smoking in nightspots that restrict admittance to patrons 18 years and older.
The House also approved a change that would allow restaurants to use a door instead of a separate ventilation system for their smoking rooms.
The amendments still must pass muster with the Senate and Kaine if the bill is to become law. Kaine spokesman Gordon Hickey said that the governor's agreement with Howell was "very specific" and that none of the changes was part of it.
"We're glad the bill is moving forward, though the amendments do run counter to the agreement made by the leadership," Hickey said.
The House bill will come back up again today for a final floor vote, while the Senate bill heads back so senators can consider the House's changes. The Senate hasn't yet voted on the Kaine/Howell compromise bill, but SB 1105 sponsor Sen. Ralph Northam, D-Norfolk, appeared at last week's news conference on the agreement.
"I can't support any" of Kilgore's amendments he said, adding he would ask the Senate to reject them.
Most Roanoke, New River Valley and Southside lawmakers in the House voted against the two bills, with the exceptions of Dels. Ward Armstrong, D-Henry County; Bill Carrico, R-Grayson County; and Anne Crockett-Stark, R-Wytheville.
Kaine has since 2007 made a smoking ban one of his priorities. That year, he amended what was essentially a bill to require "smoking permitted" signs to make it an outright smoking ban, but the House rejected his changes.
Smoking ban advocates see it as a protection for restaurant workers and patrons, and legislators have increasingly backed it, largely because of its apparent popularity: A poll taken earlier this year showed that 75 percent of Virginians support further restrictions on smoking.
But opponents say the free market already is pushing restaurants toward smoke-free establishments and that the legislation represents government interference in what should be a business decision by restaurateurs.
Neither side seemed particularly happy with the compromise reached by Kaine and Howell.
But HB 1703's sponsor, Del. John Cosgrove, R-Chesapeake, noted that Monday was the first time a bill to restrict smoking has received a favorable vote on the House floor. He said he disagreed with some of Kilgore's amendments -- particularly the exemption for restaurants that prohibit minors. And he worried what the changes will mean for the bill's future.
"I'm pretty sure the governor is going to reject some of those amendments," he said.
But if the Senate or Kaine strip the amendments out, how will the bill fare in the House?
"I don't know," Cosgrove said. "It was not an overwhelming vote. It was 61 to 38. If the governor pulls off all the amendments, we could lose some of those votes. You lose five or six of those votes and all of a sudden you've got a real race."
Cosgrove said one change he didn't mind was a delay in the bill's effective date from Oct. 1 to Jan. 1, 2010. While some delegates favored the smoking ban because of its apparent public support, Kilgore suggested there could also be a backlash when the bill took effect.
"Do y'all realize Oct. 1, 2009, what is a month after that?" Kilgore asked. "The Election Day. So you want these small mom and pops mad at you about 30 days prior to Election Day? Think about it."
Staff writer Michael Sluss contributed to this report.





