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Smoking ban diluted

Committee limits it to bars, restaurants

Sen. William Purcell, D-Scotland, a major supporter of the broader ban, said that the concession "satisfied some major concerns."

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Published: May 7, 2009

RALEIGH

A legislative committee limited the scope of a proposed smoking ban yesterday because a broader ban on smoking in all workplaces did not have enough support.

The proposal now under consideration in the N.C. Senate would prohibit smoking in all restaurants and bars. Other types of businesses would not be covered by the ban.

Democratic leaders preferred a more restrictive ban, and last week they tried to advance a bill that would have prohibited smoking in virtually all indoor workplaces in North Carolina. They argued that all workers should be protected from the health dangers of secondhand smoke.

But it became clear in recent days that such a broad ban did not have enough votes to pass in the Senate.

The bill was sent back to the Senate health committee, where it was revised yesterday to apply only to restaurants, nightclubs and bars. The revised version was approved overwhelmingly by the health committee, and it could come up for a vote in the full Senate as early as today.

"It's satisfied some major concerns," said Sen. William Purcell, D-Scotland.

Purcell is one of the biggest supporters of a broad-based smoking ban, and he said that limiting it to bars and restaurants is a major concession intended to try to get some sort of ban passed.

Under the new version, smoking would continue to be allowed in such businesses as manufacturing plants, lawyers' offices and general stores. Owners of those types of businesses would remain free to adopt their own no-smoking policies.

Restaurants and bars could allow smoking in outdoor areas, but nowhere indoors. People violating the ban would be subject to a $50 fine.

Some key moderate senators who had previously been conflicted about the smoking ban indicated yesterday that they are more comfortable with the revised version. But not all opponents were satisfied.

Sen. Linda Garrou, D-Forsyth, said that the revised version is better than the previous version, but she still plans to vote against it.

"I believe that restaurant owners should have the decisions," Garrou said.

The revised version is the latest in a long series of iterations of the smoking bill, which was originally sponsored by Rep. Hugh Holliman, D-Davidson, the House majority leader.

Last month, the House passed a bill that would ban smoking in restaurants and most indoor workplaces, but not in adult-only businesses such as bars.

That bill angered the state's restaurant owners, who complained that it would put restaurants and bars on an uneven playing field.

The new Senate version tries to deal with those concerns by treating all restaurants and bars equally, regardless of age restrictions, while exempting all other types of businesses.

If that version is passed by the full Senate, it will be sent back to the House. The House could either concur with the Senate's bill, or a committee of legislators would be appointed to work out the differences between the two chambers' versions.

Other legislative news

Yesterday was a busy day at the General Assembly, as legislators sped through numerous bills in advance of an important procedural deadline next week that will determine which bills die for the next two years.

The House gave final approval to a bill that would make school-board elections in Forsyth County nonpartisan. The bill now goes to the Senate.

The Senate gave final approval to a bill that would pave the way for North Carolina to take over hydroelectric dams owned by Alcoa Inc. on the Yadkin River. The bill now goes to the House.

The Senate also gave final approval to a bill that would require local school boards to adopt anti-bullying policies that explicitly list certain characteristics, including sexual orientation, as being potential targets of bullying. The bill goes to the House.

Hundreds of residents from around the state traveled to Raleigh to show opposition to the state's forced-annexation law.

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

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