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.
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?
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.
I would rather see the rights of individuals protected ......and their freedoms left intact. What a total putz.
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.
Not until you prove that second hand smoke is more dangerous to the population than whiskey in the eye.
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.
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.
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.
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