Update of the 2009 General Assembly Session and what has happened in regards to smoke-free Virginia

On Monday, February 10, 2009 the House of Delegates debated and amended the compromise legislation put forth by the Speaker of the House and Governor Tim Kaine (SB 1105 and HB 1703).

The amendments make the following changes:
1. Changes the enactment date of the bill from October 1, 2009 to January 1, 2010.
2. Smoking would be allowed in all outdoor areas of a restaurant
3. Smoking is permitted if the entire restaurant is reserved for a private function
4. A restaurant that wants to permit smoking has to have a separate smoking room that either has a door OR a separate ventilation system. The original language that the separate smoking room have both a door AND a separate ventilation system
5. Smoking is permitted if at any time a restaurant does not permit people under the age of 18 to enter the restaurant

The House rejected an amendment made by Delegate Tom Gear that said:
1. If the restaurant has fewer than 75 seats smoking can be permitted.
All members of the House of Delegates then formally voted on and passed the amended version of the bill on Tuesday, February 11, 2009. Below is the vote count:

61 - voted to pass the amended version of the bill
38 - voted against the amended version of the bill

Red - Republican
Blue - Democrat

Yes
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

No
Abbitt, Athey, Byron, Cline, Cole, Fralin, Frederick, Gear, Gilbert, Griffith, Hall, Hargrove, Hogan, Hugo, Ingram, Janis, Kilgore, Lewis, 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

SB 1105 passed on a similar vote. The amended bills now go to the Senate for consideration. HB 1703 has been referred to the Senate Education and Health Committee and may be heard next week. The House amendments to SB 1105 will be considered by the full Senate.

Governor's Comments on Amendments to Compromise Bill
On Tuesday, February 10, Governor Kaine spoke to several reporters about the changes made to the compromise legislation to which he and Speaker Howell had agreed. Governor Kaine said he was not pleased with the amendments as they weakened the bill.

Below please find some of the news article that includes the Governor's comments:
Associated Press - Smoking amendments dismay Kaine
http://www.starexponent.com/cse/news/local/article/smoking_amendments_dismay_kaine/29681/