Gov. Timothy M. Kaine yesterday formally signed into law legislation that will ban smoking in nearly all public restaurants in the state. Seated in a Virginia Beach restaurant that already has made the switch to smoke-free dining, Kaine signed Senate Bill 1105 and its companion legislation, House Bill 1703. The bills take effect Dec. 1. The legislation exempts private clubs from the ban, in addition to those restaurants that establish physically separate and independently ventilated rooms for smokers.

Yesterday Gov. Tim Kaine signed the bill that effectively bans smoking in restaurants and bars—and, for all we know, in shebeens. During the debate we said that the issue relates neither to the rights of smokers nor to the rights of non-smokers but to the property rights of owners, who ought to decide whether to allow smoking in their establishments or to go smoke-free. Trends suggest that if left to their own devices (and to the sentiments of the marketplace), most restaurateurs and publicans eventually would snuff out smoking. A reliance on freely made decisions promotes the informal code essential to social happiness.

The legislation takes effect Dec. 1, and restricts smoking in restaurants to ones with rooms that are ventilated separately and to private clubs.

Virginia, which 400 years ago helped found a nation on the leafy cash crop of tobacco, yesterday took a significant step toward smoke-free restaurants and bars.

A Senate bill that would prohibit lighting up in any public restaurant in Virginia without a separate, ventilated smoking room is heading to a bipartisan negotiating committee. That panel will be charged with forging a compromise that can pass both houses. Both the House of Delegates and Senate yesterday voted to send Senate Bill 1105, sponsored by Sen. Ralph S. Northam, D-Norfolk, to a conference committee.

More than 90 percent of Virginians—nearly 7 million people—live in localities in which the majority of restaurants are smoke-free, a Longwood University geographer has found. David Hardin, associate professor of geography, set up a Web site called “Clearing the Haze” last week as the General Assembly began debate on a statewide ban on smoking in restaurants and bars.

Legislation that would severely restrict smoking in Virginia’s restaurants appears headed toward resolution in the proverbial smoke-filled room.

The Virginia House of Delegates voted 61-37 yesterday to give final approval to a weakened restaurant and bar smoking ban. The measure now is headed to the Senate. Del. Kathy J. Byron, R-Campbell, said she opposed imposing mandates on businesses, even though she has lost two relatives to cancer. Earlier yesterday, Gov. Timothy M. Kaine criticized House Republicans for bucking their leadership and voting for the weakened ban.

State lawmakers are taking another crack at banning smoking in restaurants, hoping this year’s General Assembly will be friendlier than in the past. In Arlington County today, Gov. Timothy M. Kaine is expected to propose a statewide restaurant smoking ban as part of his 2009 legislative agenda. Yesterday, Del. David L. Englin, D-Alexandria, filed legislation that would prohibit smoking in all indoor restaurants and bar and lounge areas. A violation would carry a $25 civil penalty.