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Pataki signs bill BANNING SMOKING IN ALL NEW YORK WORKPLACES

Posted on 03/27/2003 6:54:39 AM PST by 1Old Pro

Pataki signs ban on smoking

Albany -- Bill limiting lighting up in public places moved quickly

By JAMES M. ODATO, Capitol bureau
First published: Thursday, March 27, 2003

Starting this summer, the state will outlaw smoking almost everywhere that people work or socialize under a law passed Wednesday by the Legislature and swiftly signed by Gov. George Pataki.

The law will prohibit smoking in bars, restaurants and other sites, including membership clubs that have any hired staff.

The bills were introduced Friday and, with strong support from legislative leaders, quickly moved to the floor for votes. Pataki signed the legislation barely two hours after the vote in the Assembly. The law takes effect July 24.

"While the governor has reservations about this particular bill, he has signed the bill because he believes a statewide ban on smoking in the workplace will lead to a healthier New York and will reduce the cost of health care for New Yorkers," said Joseph Conway, a spokesman for Pataki.

Officials close to Pataki said he might seek some adjustments from the Legislature to build in considerations for some counties that already have local smoking laws. New York City's law, on which the statewide measure is based, goes into effect this week.

Matching bills by Assemblyman Alexander Grannis, D-Manhattan, and Sen. Charles Fuschillo, R-Merrick, were quietly introduced last Friday and most lawmakers didn't find out about them until arriving in Albany Monday.

Although several Republican senators expressed distaste for the measure, all GOP members fell in with Senate Majority Leader Joseph Bruno, perhaps a bigger advocate for the smoking ban than Fuschillo.

After lengthy debates, the Assembly voted 97-44, and the Senate voted 57-4. Republicans in the Assembly led the opposition against the smoking ban. The four no-votes in the Senate came from Democrats.

"This is an issue I feel very strongly about, very personal about, and very almost emotional about," Bruno said in a 10-minute address. He pointed to friends and relatives who have died or gotten sick from cigarettes and said no one has a right to harm a person's health while also putting a financial burden on New York's health care system.

He and Fuschillo pointed out that more than 63,000 people annually die from second-hand smoke. They said people shouldn't have to be exposed at their work sites or in public gathering places to such toxins.

Grannis spent more than two hours defending his bill with similar declarations during a much lengthier Assembly debate.

He said that ventilation systems installed in many restaurants and bars just don't cleanse the air of carcinogenic particles.

Several lawmakers expressed frustration that the legislation arose without hearings or the normal deliberative process. But advocates said the issue has been thoroughly discussed for years.

Lawmakers opposing the measure say it will cause hardship to bars and restaurants, including some that have installed air filtration systems.

Assemblyman James Tedisco, R-Schenectady, who opposed the measure, suggested the state will next try to outlaw fast foods that cause heart disease, soaps that could cause slipping in the shower or alcoholic beverages. "I can't wait to see the anti-McDonald's bill, the anti-French fry bill the anti-Dunkin' Donut bill," he said.

Others, such as Assemblyman David Townsend, R-Rome, argued that the state and counties might lose revenue from reduced cigarette sales. "Would you rather have the $1.50 or a healthier constituent?" replied Grannis, referring to the state tax on a pack.

Tobacco representatives and the Empire State Restaurant & Tavern Association led the lobbying drive against the bill. Association Director Scott Wexler said his members will consider litigation.

Some area bar owners came to the Capitol to tell lawmakers of their concerns.

"I think it's kind of underhanded," said T.J. Heffern, who runs a bar in Green Island. "They put this thing out March 21 and vote on it today. Ridiculous." He said he put in a $3,000 air system recently to accommodate smoking.

Ed Shea, who runs an Albany bar, said he put in a $9,000 ventilation system that removes "95 percent of the carcinogens" from cigarette smoke. He said the quick passage of the legislation "stinks."

Advocates of the bill said smoking causes $6.4 billion in health care costs in New York each year, or about 8 percent of health care expenses statewide. Another $5.3 billion is lost because of work absences due to smoking illnesses, Bruno said.

Union organizations, including the AFL-CIO, came out against the measure. "It's like Prohibition," said Ed Donnelly, legislative director of the 2.5 million-member group. The biggest issue for the unions, he said, is that the bill doesn't address many of the other indoor airborne substances that harm people.

Philip Morris spokesman Brendon McCormick said he can't judge the impact on cigarette makers, adding that sales fall annually by 1 to 2 percent. "The folks most impacted are the business owners who have to comply with this," he said.

From the Capital Region, all Democratic lawmakers supported the bill as did the Republican senators from the area. Assembly GOP members all voted against the measure.


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To: 1Old Pro
That's ok, banning drinking in public is next, I'll take that one.

Not sure if that is sarcasm, but in case it is, unless you are planning on throwing your drink every few seconds into the faces of those around you, thats not a good comparison. Care to try again?

21 posted on 03/27/2003 7:17:00 AM PST by leadpencil1 (all generalizations are bad)
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To: 1Old Pro
This kind of reminds me of the "CFC" studies on refridgeration. All those companies had to spend billions because of those laws past, and then they found out that CFC's were not as bad as they had said.
You know, with all the major pollution in this world, I just can't see that ciggy being the main cause of cancer. "Stunted growth"? Well, another myth, I have a 13 year old son who is 6'4" and never been sick one day in his life, and I smoked all his life.
22 posted on 03/27/2003 7:19:25 AM PST by goodseedhomeschool
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To: wku man
I bet you don't own a business.

And I bet me and the 5 or 6 guys I eat lunch with every day will eat alot more often at those former "lets not go there, to smokey" places.

23 posted on 03/27/2003 7:19:56 AM PST by leadpencil1 (all generalizations are bad)
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To: 1Old Pro
"Would you rather have the $1.50 or a healthier constituent?" replied Grannis, referring to the state tax on a pack.

I would rather see the rights of individuals protected ......and their freedoms left intact. What a total putz.

24 posted on 03/27/2003 7:20:51 AM PST by LaineyDee
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To: 1Old Pro
"more than 63,000 people annually die from second-hand smoke"

I would like to know where they get these B.S. statistics.
IIRC they have yet to prove a link.

And what will they do for income when sales tax revenues start falling off from the bars?

And how will they pay for the health care of the former smokers who have NOT died off early and now require more expensive health care in their old age?

Talk about shooting yourself in both feet!
25 posted on 03/27/2003 7:20:52 AM PST by NYTexan (back to the bunker...)
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To: leadpencil1
First of all it was a joke. However, I could debate the issue about second hand drinking but I chose not to since we are funning right now. :)
26 posted on 03/27/2003 7:21:23 AM PST by goodseedhomeschool
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To: 1Old Pro
Hidden in this bill is this bizarre unconstitutional law...

Indian reservations are forbidden to use USMail UPS etc. to deliver cigarettes to their customers.

This is the letter I got from the reservation I order from:

The State of NY will sign a new bill into law that may make it illegal for you to have cigarettes delivered to you from any retail location or internet company via a common carrier delivery system such as UPS or FedEx. We feel this law is unfair and unconstitutional; however, it will go into effect nonetheless. Time will tell if this law will pass constitutional muster.

27 posted on 03/27/2003 7:25:33 AM PST by alisasny
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To: 1Old Pro
For those of you who complain when conservatives vote third party, please keep in mind that there are areas of this country where there is practically NO difference between Republicans and Democrats, the New York area being the perfect example.
28 posted on 03/27/2003 7:29:29 AM PST by jmc813 (Control for smilers can't be bought;The solar garlic starts to rot;Was it for this my life I sought?)
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To: leadpencil1
you are an obvious smoke Nazi, I go WAY the heck out of my way to keep smoke away from non-smokers, and I know I'm not alone.
29 posted on 03/27/2003 7:31:22 AM PST by houston_matt (Stay Pissed)
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To: 1Old Pro
they are liberals really!
30 posted on 03/27/2003 7:31:48 AM PST by TLBSHOW
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To: leadpencil1
And I bet me and the 5 or 6 guys I eat lunch with every day will eat alot more often at those former "lets not go there, to smokey" places.

From your home page...

My wife and I are both registered members of FR with political views bordering on the edge of libertarianism.

I would think the libertarian view on this would be to simply not eat at those establishments, and to patronize those places that feel the free market determines that smoke-free is the way to go.

I must give you credit, though, for listing Skynyrd as one of your favorite bands. :->
31 posted on 03/27/2003 7:35:36 AM PST by jmc813 (Control for smilers can't be bought;The solar garlic starts to rot;Was it for this my life I sought?)
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To: leadpencil1
Care to try again?

Not until you prove that second hand smoke is more dangerous to the population than whiskey in the eye.

32 posted on 03/27/2003 7:41:13 AM PST by 1Old Pro (The Dems are self-destructing before our eyes, How Great is That !)
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To: houston_matt
you are an obvious smoke Nazi, I go WAY the heck out of my way to keep smoke away from non-smokers, and I know I'm not alone.

That is very much appreciated and I am sure it is an inconvenience for you. As far as being a smoking Nazi, I don't consider myself one. I either request a different table or skip any restaurant that can’t provide a real (like, no smoke as in no smoke) no smoking section.

33 posted on 03/27/2003 7:41:45 AM PST by leadpencil1 (all generalizations are bad)
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To: jmc813
maybe so and maybe not? : ) the solar garlic starts to rot...
34 posted on 03/27/2003 7:41:53 AM PST by houston_matt (Stay Pissed)
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To: jmc813
I would think the libertarian view on this would be to simply not eat at those establishments, and to patronize those places that feel the free market determines that smoke-free is the way to go.
\\\\\

The Liberaltarian view is to allow pot smoking but ban ciggarettes and cigar smoking.
35 posted on 03/27/2003 7:42:48 AM PST by TexanAmerican
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To: 1Old Pro
Oh, geez. Here come all the usual idiots! I especially like those who complain about me calling them names and then call me names. And, yes, I do own a car.

Let us go over this one more time: a place that is open for business to the general public is NOT private property!! It must comply with 100s of rules, from taxes to access to cleanliness. I like California where many small businesses must post 5 to 10 notices on the front glass.

I am still amazed by the way smokers believe that others enjoy the waste of their addiction, the smoke and the smell. When I try to burn my chopped truck tires after a meal, they get all upset. The bar owner doesn't care.

What you addicts don't understand is that "no smoking" laws ARE freedom and areas that permit smoking force non-smokers under the tryany of smokers. I know, I know, your brains are exploding but try and think about it that way.

Where Pataki misses reality is that a ban on smoking will reduce taxes and make it take longer for diseased smokers (and some of their family members) to die. The economic consequences of this law may actually hurt some of us non-addicts.

36 posted on 03/27/2003 7:45:48 AM PST by Tacis
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To: 1Old Pro
this is disgusting, and anyone who cheers this legislation is no friend of freedom.

37 posted on 03/27/2003 7:46:26 AM PST by Semaphore Heathcliffe (With just a few more laws on the books, we'll soon be safe enough to live forever!)
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To: 1Old Pro
Not until you prove that second hand smoke is more dangerous to the population than whiskey in the eye.

Well, for one thing, smoke, once it leaves someone’s lungs, can't really be controlled. Whiskey ending up in someone's eye, however, is probably the result of a controlled action and very likely an assault. As far as being more dangerous, it's probably not since it can be rinsed out of your eye.

38 posted on 03/27/2003 7:46:57 AM PST by leadpencil1 (all generalizations are bad)
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To: Semaphore Heathcliffe
Someone get Leary in here please...
39 posted on 03/27/2003 7:48:46 AM PST by houston_matt (Stay Pissed)
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Comment #40 Removed by Moderator


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