Posted on 06/11/2004 9:14:25 AM PDT by SheLion
PROVIDENCE -- A bill to ban smoking in restaurants, bars and virtually all public places, with a few notable exceptions, won unanimous approval in the House of Representatives Thursday.
But unanimity was not achieved until several provisions were plucked out so opponents -- mostly Republicans -- could register specific objections while supporting the bill as a whole.
While the bill states that "Smoking shall be prohibited in all enclosed public places within the state of Rhode Island"after March 1, 2005, it allows some exceptions.
Perhaps the most controversial exemption is the state’s two video lottery terminal (VLT) parlors at Lincoln Park and Newport Grand.
The House originally wanted to eliminate the exemption after Oct. 1, 2006, but Senate negotiators insisted that the exemption be permanent for fear the state would lose money if smokers went elsewhere to play video slots.
Exemptions for small clubs (with Class D liquor licenses, defined membership rolls and fewer than 10 employees) and neighborhood bars (Class C liquor licenses, no food, fewer than 10 employees) were also made, but those exemptions will expire on Oct. 1, 2006.
Nearly 45 minutes of debate and two attempts to make floor amendments on the bill were needed to ensure that the fly-fishing club to which North Smithfield Rep. Robert Lowe belongs would remain exempt from the smoking ban.
Legislators finally solved the problem by changing the requirement that a club with a Class D liquor license would be exempt only if it is a "non-profit charitable corporation" to a "non-profit or charitable corporation." Lowe’s club is non-profit but not a charitable organization.
Cities and towns are forbidden -- "pre-empted" in the argot of the lawmakers -- from passing stronger anti-smoking measures until Oct. 1, 2006.
A number of communities have what are called "cancer clauses" in their labor contracts with firefighters and, less frequently, police officers, that say anytime one of the workers is diagnosed with cancer, it is presumed to be a work-related injury entitling the worker to disability. Because of that, some of the municipalities negotiated a provision in contracts that prohibits smoking by those employees even when they are off-duty.
The smoking bill passed by the House Thursday would forbid employers from imposing such a requirement on off-duty employees.
Raising the question of overriding those "cancer clause" contract provisions, Rep. William Enos asked, "Are we going to repair this or pass it as it is?"
Fox answered, "Pass it as it is."
Noting that one object of banning smoking is to help prevent cancer caused by second-hand smoke, Republican Rep. Nicholas Gorham said, "The problem with this bill is that it is suffering from a cancer itself; the cancer of special interests."
Majority Leader Gordon Fox, who sponsored the House version of the bill, called it "a good, progressive piece of legislation." He acknowledged that it was the product of compromise and that people would oppose some of its provisions, but he said it protects "99 percent of the people of Rhode Island" from second-hand smoke at work or indoor public places.
The bill voted on Thursday was the product of long negotiations among the leaders in the House and Senate and the sponsors of the slightly different bills that arose in each chamber so it is not likely to change as continues down the often-winding path of legislative procedure. A Senate version of the smoking ban, sent over to the House several weeks ago, will now be amended to conform with what was passed Thursday and both versions will go back to the Senate. If, as expected, the Senate in turn approves both, they will then go to Gov. Donald L. Carcieri for his signature or veto.
While Carcieri has been generally supportive of smoking bans in past public statements, he could not be reached for comment Thursday on the specific legislation passed by the House.
Not even the public servants such as police officers or firemen can enjoy a legal cigarette as long as they hold the position of Street Saviors. They are now "owned by the state." It's funny though, how they are still allowed to consume alcohol.
If they drink alcohol and come down with a liver disease, isn't that the same as a "work related injury," the same as if a work contracted cancer just because they smoke?
Be aware. Be very aware. I feel desperately sorry for the people that are living under Rhode Islands Dictators. God Bless You All!
Darlene
Well, looks like me and my money won't be going to RI. Just as well.
The steady creep of fascism continues unabated....
Complaining about my smoking is hazardous to smoking nazis health. My lungs, my choice.
I was just thinking, I think a bunch of smokers should turn the tables and sue the comsumer people for allowing such a dangerous and toxic product to be sold to the American people. They will either have to pay out or back off current policy...........what do you think?
I cannot believe how becoming a Lawmaker in the House and Senate has given these people the authority to not only run our lives, but to dictate how we are to live them.
If "they" can dictate to the Firemen and the Policemen that they can not smoke a legal commodity on or OFF the job, how far down the road will it come before these same Lawmakers are telling people they cannot smoke, yet all the while, cigarettes are still being sold on the store counters. (Dangling the carrot??)
You can see for yourself that the State is only worried about itself, when it can blatantly state that smoking will be allowed at the slots, for fear the state would lose money if it can not continue.
They are worried about themselves. They are NOT worried about small business owners who are struggling today. This HAS to be the Land of Oz. I can't explain it any other way. Surely, this can not still be America? Did I fall through a rabbit hole???
According to at least one gnatzie, that's capitalism and the government is right to take these exemptions. Idiocy, lunacy and ignorance wrapped up in a neat little ball.
"Not even the public servants such as police officers or firemen can enjoy a legal cigarette as long as they hold the position of Street Saviors. They are now "owned by the state." It's funny though, how they are still allowed to consume alcohol."
Are firemen prohibited from breathing all smoke? Are they forbidden to enter burning buildings? How can they prove what smoke that entered the lungs "caused" the work related illness?
>> Surely, this can not still be America? <<
It isn't anymore. This country is not free. Stop paying your real estate tax and see what happens? No, this is no longer the land of the free. Sad, but so...
Did I fall through a rabbit hole???
I think we both did Darlene. Not sure when, but I think we both did.
What I think: well, I heard this not too long ago, and I totally agree with this man's concept. He said "Any state that is banning smoking and choking the state economy, this is where Big Tobacco should step in and pull the cigarettes off of every counter in the state. If people are not allowed to buy and then consume a legal commodity, to which for hundreds of years, no one ever complained about second hand smoke and the rest of the BS.
If you notice, most of the Freepers who have been swayed by the anti's second hand smoke issue are under 30. The rest of us grew up with smoking and are still living long and healthy lives, regardless.
It would tickle me to no end to have cigarettes pulled out of every state that is banning smoking. Need not fear, there ARE other ways to buy cigarettes. None of us need go without. But not to be able to smoke at our favorite restaurants, bars, taverns, etc., while the states keep raising the taxes and taking care of themselves while sticking it to "the little people........" How blind do they think we are?
Another tidbit: the lawmakers buy their cigarettes TAX FREE in their commissary's. They care not about their constituents.
They truly care not.
Pull all cigarettes off of every counter in all 6 states that have banned smoking and let the lawmakers pound sand.
They are power hungry and found just the right seat to sit in, in order to hold their swords of power over our heads.
This article has brought me to my knees, CSM. I am totally devestated. I am so afraid for our Country and what is becoming of it.
I KNEW the stink from MASS would rub off. And it did......to NY and Maine. How is VT doing and NH???
This makes no sense. But what sense can we find from anything the lawmakers put down?
I guess when you work for the state..........your life is no longer your own.
I think New Hampshire will be the only New England state without a statewide ban.
Barry Goldwater once said that the Northeast shoould be separated from the USA and allowed to float out to sea.(I'm paraphrasing here)
He was right.
I was in RI yesterday and I couldn't believe it, I was at a bar...and people were....smoking!!!! Holy crap, what is this? I thought. Then I realized that RI must have some common sense. I guess not.
I cannot stand smoking bans, it is an infringement on peoples rights, it is an affront to capitalism, it is the nanny state run amuk. I do not smoke, but I can choose where to eat and drink...if I do not want to enter a smoking establishment I simply can choose not to go there. The Northeast is f--ing pathetic (except NH).
I am listening to the Farewell to President Reagan. I don't do ceremonies very well, I am too sentimental. I don't know if I am crying for his ceremony or for our loss of freedoms. Probably both. We are in deep trouble.
What about VT? I should be keeping up on this stuff, but I haven't been of late.
I blame Kennedy and Waxman for this.
You want liberal utopia???? Try Massachusetts...especially inside of 128...its a cesspool of liberalism.
If a state can ban smoking for firemen and police officers, is this a prelude to banning smoking for our military members fighting in the wars? The heat of the deserts and the freezing cold in the hell hole of Korea? Is this next on their agenda???
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