2010 Legislative Actions -- Virginia Clean Indoor Air

In this 2010 session, the House leadership, which is Republican, bypassed the committee process and brought a bill directly to the floor of the House.  This was the tax bill suggested by former Governor Timothy Kaine (D), to raise money for the impoverished state budget.  The bill was killed.  But this process reveals that the Assembly rules permit leeway when those in power wish to have it used for their own agendas.

No-smoking in motor vehicles if minor of 13/under is present.  This bill on January 21, 2010 has been killed with a voice vote by a handful of people -- it was sent to the House Militia, Police and Public Safety Committee, and the subcommittee recommended it be laid on the table, which means, kill it. 

The Chair of the committee, Delegate Beverly Sherwood, has the power to bring the bill before the full committee for a vote, but even if she supported the bill, she may not wish to go against the apparent wishes of the Speaker of the House, William Howell (R), or of the new Governor, Bob McDonnell (R).

The subcommittee members:  Delegates Cline, Athey, Gilbert, Cleaveland, Shuler.

Members:  Delegates Jones, Albo, Wright, Oder, Gear, Cosgrove, Carrico, E.T. Scott, Iaquinto, Gilbert, Peace, Comstock, Anderson, Abbitt, Phillips, Barlow, Ward, Dance, Bulova, James, Carr, Torian. 
                                        

Senate Finance Committee changed bill from any county, to add only James City County to the list of only 2 counties allowed to tax cigarettes, which is Fairfax and Arlington.  Passed committee unanimously on recorded vote. 
Before the full Senate:  January 28 the Senate agreed in a block vote to floor amendments of Senator Houck having it read James City County and Spotsylvania County.  Friday, January 29, the Senate passed the amended bill 26-14.

Senate Voting on SB 578:
YEAS--Barker, Blevins, Colgan, Deeds, Edwards, Herring, Houck, Howell, Locke, Lucas, Marsden, Marsh, Miller, J.C., Miller, Y.B., Norment, Northam, Petersen, Puckett, Puller, Quayle, Reynolds, Saslaw, Ticer, Wagner, Watkins, Whipple--26.

NAYS--Hanger, Hurt, Martin, McDougle, McEachin, McWaters, Newman, Obenshain, Ruff, Smith, Stosch, Stuart, Vogel, Wampler--14.

The subcommittee members:  Delegates Cline, Athey, Gilbert, Cleaveland, Shuler -- about the same group as the ones who killed Senator Northam's bill in 2009.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 15.2-2824.1 as follows:

§ 15.2-2824.1. Smoking in vehicle with a child present; penalty for violation.

A. Smoking shall be prohibited in a motor vehicle, whether in motion or at rest, in which a child under the age of 13 is present.

B. No assignment of demerit points shall be made under Article 19 (§ 46.2-489 et seq.) of Chapter 3 of Title 46.2 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.

C. 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.

D. Any person who violates this section shall be subject to a civil penalty of $100. Civil penalties assessed under this section shall be paid into the Virginia Health Care Fund established under § 32.1-366.