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Democrats delay smoking-ban bill to firm up votes

Key supporters were absent, and leaders did not want to take a chance in close tally

Rep. Hugh Holliman, D-Davidson, has voiced optimism for a strong smoking ban.

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Published: May 1, 2009

RALEIGH

Democrats in the N.C. Senate postponed a vote yesterday on a statewide smoking ban because they were unsure if it would pass.

"It was just getting too close a call for us to take a chance on losing the bill," said state Sen. William Purcell, D-Scotland and a major supporter of the bill.

The bill would outlaw smoking in restaurants, bars and virtually all indoor workplaces in North Carolina.

After clearing the Senate health committee Wednesday, the bill was placed on the Senate calendar to be debated yesterday on the Senate floor.

During a recess in the Senate session yesterday, Senate Democrats met for about a half hour in a closed-door caucus meeting and discussed the smoking bill. After coming out of the meeting, the Senate majority leader, Tony Rand, D-Cumberland, moved the bill off the day's calendar and rescheduled it for the middle of next week.

Purcell said later that the bill may get delayed even further than that, as Democrats try to shore up votes.

Most Republicans oppose a smoking ban. Democrats hold a large majority in the Senate, but some moderate Democrats are uncomfortable with the sweeping nature of the ban that Democratic leaders are pushing.

On April 2, the N.C. House passed a milder bill that would ban smoking in restaurants and most workplaces, but not in adult-only establishments such as nightclubs and bars.

Senate leaders are trying to pass a more sweeping ban that would apply to adult-only businesses.

The chief sponsor of the smoking ban, Rep. Hugh Holliman, D-Davidson, has expressed optimism that there are enough votes in the Senate to pass the sweeping ban. The powerful Senate leader, Marc Basnight, D-Dare, has given a similar assessment.

But it was clear yesterday that some moderates were dragging their feet and that the vote, whenever it occurs, will be close.

One factor in Democrats' decision to postpone the bill was that they were missing two certain votes yesterday. One supporter of the ban, Sen. Larry Shaw, D-Cumberland, was absent yesterday. Another supporter, Sen. Vernon Malone, D-Wake, died on April 18, and his replacement has not yet been named.

A related concern for supporters of the ban is that, once the bill comes up for debate on the Senate floor, it becomes susceptible to amendments that weaken it. That's what happened in the House, when a floor amendment carved out the exemption for adult-only businesses.

Democrats hold 30 seats in the 50-person Senate, but Purcell indicated that leaders are not sure how many votes they can count on for the smoking ban.

"A lot of this is trying to guess how somebody's going to vote," he said, "because sometimes they don't tell you."

■ James Romoser can be reached at 919-210-6794 or at jromoser@wsjournal.com.

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