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Smoking bill up for vote
Critics say legislation is too heavy-handed
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Published: April 30, 2009
RALEIGH
The N.C. Senate is scheduled to vote today on whether to outlaw smoking in virtually all indoor workplaces in North Carolina.
The bill cleared the Senate's health committee yesterday and now moves to the Senate floor. It is more restrictive than the version that was passed earlier this month by the N.C. House of Representatives.
"This bill is not about personal property or business rights, it is about the right of every North Carolinian to breathe clean air," Rep. Hugh Holliman, D-Davidson and the bill's chief sponsor, told members of the health committee.
Opponents said that it is too heavy-handed, and it ignores the importance of the tobacco industry to the state's economy.
"The bill before us right now is one of the most restrictive measures in the country," said Michael Shannon, a lobbyist for Lorillard Tobacco Co., which is based in Greensboro. "It's on par with New York City and California. I dare say I did not think North Carolina would be enacting legislation that was on par with California or New York City."
On April 2, the House passed a watered-down version of the smoking ban. That version contained an exemption for businesses that are open only to people 18 and older.
The exemption helped sway some moderate House Democrats to vote for the bill. But restaurant owners complained that the exemption would create an uneven playing field, because restaurants would have to ban smoking while adults-only bars could continue to allow smoking.
The adults-only exemption was removed by the Senate, and attempts yesterday to insert it back into the bill failed.
Despite opposition from Republicans, the bill was approved by the health committee by a voice vote. It was placed on the Senate's calendar for a floor debate today.
Holliman said he expects the bill to pass in the Senate. If that happens, the Senate's more restrictive version will get sent back to the House. The House could then concur with the Senate's version, or a team of legislators would be appointed to work out a bill that is acceptable to both chambers.
In addition to eliminating the adults-only exemption, the Senate version of the bill also contains a new provision aimed at satisfying the motion-picture industry. It would allow an actor to smoke on set for the purpose of portraying smoking in a movie, TV show or play.
Other than that, the bill contains very few exceptions.
Smoking would be permitted in private homes or cars, private clubs, cigar bars, tobacco shops, a limited number of hotel rooms, and the buildings operated by tobacco companies. It would also be allowed in outdoor areas -- for example, in a patio area of a restaurant.
Smoking would be banned anywhere else in the state. People violating the ban would be subject to a $50 fine.
Reynolds American Inc., which is based in Winston-Salem, has said that it is OK with "reasonable" smoking restrictions. The company does not oppose smoking bans in areas open to the general public, but it says it believes that adults-only establishments should be allowed to permit smoking.
Holliman said yesterday that he does not believe that the bill will hurt the tobacco industry because, he said, people will still find places to smoke legally.
■ James Romoser can be reached at 919-210-6794 or at jromoser@wsjournal.com.
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