The state Senate yesterday adopted three anti-smoking bills of varying restrictions that would kick the habit out of most enclosed public places in the state.
Senate Bill 298, the most comprehensive measure approved, would prohibit smoking "indoors in most buildings or enclosed areas frequented by the public." It covers banks, sports arenas, restaurants and shopping malls.
The bill, sponsored by Sen. Mary Margaret Whipple, D-Arlington, would require "No Smoking" signs to be posted where smoking is prohibited and subject violators to fines from $100 to $250. Proprietors of businesses not exempted from the ban would face fines ranging from $200 to $500.
Exceptions to the law would include private homes or residences, cars and home businesses, unless they are related to child care or health care. Private clubs would also be excluded from the smoking ban, as well as designated smoking rooms in hotels, tobacco stores and certain rooms in nursing homes.
"The science is clear," Whipple told her Senate colleagues, citing recent statistics on the health effects of second-hand smoke. "It's time we take this important public health measure" and adopt it.
The bill passed by a vote of 23-15, but not before a handful of Republican senators tried to defeat the measure.
"It's a direct violation of the rights of Americans to perform a perfectly legal activity," said Sen. Ken Cuccinelli, R-Fairfax, who questioned the bill's constitutionality.
Sen. Stephen H. Martin, R-Chesterfield, and Sen. Stephen D. Newman, R-Lynchburg, said the proposed law was too broad and could be interpreted to impose smoking restrictions in private settings.
With less opposition, the Senate passed two other bills that would place narrower limits on restricting smoking in public places.
Senate Bill 501, proposed by Gov. Timothy M. Kaine and carried in the Senate by Sens. Mamie E. Locke D-Hampton, and Ralph S. Northam, D-Norfolk, would prohibit smoking in any enclosed public food establishment, bar or lounge area in the state, with the exception of private clubs. The bill passed 28-10.
On a 29-1 vote, senators approved Senate Bill 202, sponsored by Sen. Frederick M. Quayle, R-Chesapeake. His so-called "local option" bill would give any locality in Virginia the authority to adopt an ordinance restricting smoking in restaurants.
Contact Jim Nolan at (804) 649-6061 or jnolan@timesdispatch.com.

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