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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: houston_matt
please explain
41 posted on 03/27/2003 7:50:24 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: Semaphore Heathcliffe
I love to smoke. I smoke seven THOUSAND packs a day, and I am NEVER ****in' quitting... what's the rule now, you can only smoke in your apartment, under a blanket with all the lights out?
--Denis Leary
42 posted on 03/27/2003 7:53:29 AM PST by houston_matt (Stay Pissed)
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To: houston_matt
LSD makes for one prescient smoker.
43 posted on 03/27/2003 7:55:16 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: TexanAmerican
As we speak the REPUBLICAN governor of Maryland has spoken in support of medical marijuana, and will most likely sign a bill decriminilizing it. As we speak, the oh so conservative REPUBLICAN Governor PAtaki and REPUBLICAN mayor Bloomberg are banning tobacco smoking.
44 posted on 03/27/2003 7:56:16 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: Semaphore Heathcliffe
ahhhh, so it's a side effect of LSD usage. Here's come the flakes...
45 posted on 03/27/2003 7:56:29 AM PST by houston_matt (Stay Pissed)
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To: 1Old Pro
Well this is no fun. Can't they just stick to arresting pot smokers? That'd be okay, and it doesn't infringe on anbyody's personal freedom or anything like that.
46 posted on 03/27/2003 7:56:35 AM PST by Wolfie
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To: houston_matt
was a joke.

I don't frequent the smoker threads. what's your stance?
47 posted on 03/27/2003 7:59:30 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: jmc813
I know not of what I speak, but can't they make a pill that does whatever pot smoking does for medical patients?
48 posted on 03/27/2003 7:59:43 AM PST by houston_matt (Stay Pissed)
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To: Semaphore Heathcliffe
I've never seen a "smokers thread" I just saw this on the latest list and jumped in to see the insanity. My stance? I smoke, I smoke way the heck away from anyone who doesn't smoke. Banning smoking is just taking another chunk out of our freedom.
49 posted on 03/27/2003 8:02:02 AM PST by houston_matt (Stay Pissed)
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To: leadpencil1
go into any restaurant in the city and not have someone blow smoke in their face

I'm a smoker and have never blown smoke in someone’s face. In fact I'm very courteous when it comes to smoking. I'll never smoke while at the dinner table and others are still eating. In a small bar or restaurant if I am close to a stranger I'll ask if smoke bothers them and if so I'll either move or just won't light up. The problem is where does all this end? We've been letting the Gov slowly and quietly take away our freedoms and it's just a matter of time when we wake up one day and realize we have no more freedoms. This is getting out of hand people.

50 posted on 03/27/2003 8:06:35 AM PST by In God I trust
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To: houston_matt
There is a pill, I believe it's called Marinol. To the best of my knowledge, chemotherapy patients complain that they cannot take it without vomiting it back up. Also the cost is very prohibitive to many people.
51 posted on 03/27/2003 8:07:12 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: In God I trust
we wake up one day and realize we have no more freedoms

In NY that day was several years ago.

52 posted on 03/27/2003 8:09:58 AM PST by from occupied ga (Your government is your enemy, and Bush is no conservative)
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To: houston_matt
We are in agreement then. And I'm not even a smoker. I just detest tyrannical do-gooders more than I dislike cig smoke. Cig smoke washes out of your clothes and hair; the tyrannical do-gooders appear to be permanent.
53 posted on 03/27/2003 8:13:04 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: In God I trust
The problem is where does all this end? We've been letting the Gov slowly and quietly take away our freedoms and it's just a matter of time when we wake up one day and realize we have no more freedoms. This is getting out of hand people.

Overall I agree with you and the free markets should be able to work this out on their own over time.

54 posted on 03/27/2003 8:13:12 AM PST by leadpencil1 (all generalizations are bad)
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To: Tacis
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

ever hear of rights of free assembly?

55 posted on 03/27/2003 8:13:43 AM PST by 1Old Pro (The Dems are self-destructing before our eyes, How Great is That !)
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To: from occupied ga
And Hitlery has not even gotten warmed up yet. Wait till she gets going and you poor souls in NY are finished with freedoms. All your freedoms are belong to Hitlery...
56 posted on 03/27/2003 8:17:36 AM PST by In God I trust
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To: 1Old Pro
I hate smoke. I don't smoke. However, I find this offensive. A business should be able to decide for itself. The hired employees have a choice to stay or look for another job. Our government have overstepped itself in intruding increasingly in our lives "for our own good."
57 posted on 03/27/2003 8:25:32 AM PST by Dante3 (.)
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To: 1Old Pro
Does this also include the "MOM & POP cigar factories, gambling rooms, brothels and the like???
58 posted on 03/27/2003 8:28:52 AM PST by Don Corleone
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To: leadpencil1
Right, tell me if you will, when was the last time you had someone actually blow smoke in your face?

You would make a good little minion.


59 posted on 03/27/2003 8:31:56 AM PST by unixfox (Close the borders, problem solved !)
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To: Dante3
The regulators have effectively banned smoking period. Do any of you go home from work and work? I know I certainly do. I wonder if the regulators have thought of that yet?
60 posted on 03/27/2003 8:39:19 AM PST by Sunshine Sister
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