Senate debates statewide workplace smoking ban
BOSTON -- Senate Democrats gave strong support Monday to a statewide ban on workplace smoking, although it may not reach Gov. Mitt Romney's desk until January.
The Senate was expected to continue debate Tuesday on the bill, which would make Massachusetts the sixth state in the nation to ban smoking in the workplace, including most bars and restaurants.
The legislative session ends Wednesday, however, so if the Senate passes a bill that is significantly different than the House version, there may not be enough time this week for the two chambers to agree on a compromise bill.
Republicans tried Monday to derail the proposed ban, arguing that it's full of loopholes exempting the "rich and famous," such as members of private country clubs and American Legion halls.
"You either believe (workplace smoking) is bad or not, but the exemptions that have been put in here for the rich and famous, for the heavy Democratic givers, for the nursing home owners, is absolutely disgusting," said Minority Leader Brain Lees, R-East Longmeadow.
The bill, which the House passed last month, would extend the state's workplace ban to all restaurants, nightclubs and bars, as well as auditoriums, conference rooms, offices, elevators, hallways, cafeterias, employee lounges, restrooms and staircases. It would take effect in July.
Smoking still would be allowed by nursing home residents, and in fraternal organizations, such as American Legion halls.
Republicans vowed to challenge each exemption with amendments to strike them. Two amendments failed Monday. Democrats voted 28-10 to maintain the nursing home exemption, and 27-11 to keep the private club membership exemption.
"There is an element of personal residence in a nursing home," said lead sponsor Sen. Susan Fargo, A Lincoln Democrat. "We tried to make some allowance for that."
Fargo said banning smoking at workplaces would improve worker productivity, reduce employer insurance costs, and above all save lives.
"There is no safe level of exposure to second-hand smoke," she said. "Second-hand smoke kills. These are preventable deaths and this bill will help prevent them."
An estimated 1,300 to 1,500 people die of second-hand smoke in Massachusetts each year, supporters said.
The Senate technically voted Monday to send the bill to a final vote, but the move is procedural. The debate was scheduled to continue Tuesday.
The bill would allow tobacco farmers in Western Massachusetts to continue to operate tobacco testing sites, and local officials would be allowed to issue special permits for certain smoke-oriented establishments such as cigar bars.
"This is an anti-smoking bill," Lees said. "We exempt 'smoking' bars. Does anybody get how stupid this is?"
The bill also exempts smoking by performers if smoking is part of a theatrical production, and in religious ceremonies where smoking is part of the ritual.
Employers who fail to enforce the ban could face fines of up to $300, or eventual loss of license.
More than 90 Bay State communities -- including Boston, Cambridge and Somerville -- have some kind of smoking ban in place.
California, New York, Connecticut, Maine and Delaware have passed statewide bans.
Romney, a Republican, said he's made up his mind whether he supports a statewide ban, but refused to reveal his position Monday.
"I've received a good deal of information, and that's obviously going to influence our thinking. But I'm not going be announcing that at this stage," he said. "I'll wait until I see the bill that comes forward."
