Senate joins House in approving statewide smoking ban
Herald Tribune

November 19, 2003,  BOSTON, Mass.----The Senate voted to extinguish smoking in workplaces statewide Wednesday, joining the House in endorsing the concept of making dining and bar-hopping a smoke-free experience in Massachusetts.

With time running out on the 2003 session, however, it is unlikely that the Legislature will be able to work out a compromise between the House and Senate versions of the bill until it returns from a holiday recess in January. 

Gov. Mitt Romney has not yet revealed whether he would sign the bill into law once it reaches his desk. Both chambers, however, approved the bill by a veto-proof majority.

If signed into law, Massachusetts would join at least five other states in banning smoking in the workplace. Boston recently imposed a smoking ban, prompting calls for a statewide law to level the playing field for businesses.  "This is a great day for Massachusetts," said Rep. Peter Koutoujian, D-Waltham, co-chairman of the Legislature's Health Care Committee. "The Boston experience has shown us that people like it."

The Senate's 29-10 vote came after two days of near-filibustering by the leader of the Senate's six-member Republican minority, who argued that the bill was riddled with loopholes that contradicted the stated goal of improving the public health in Massachusetts.

The bill 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.  Other exemptions protect tobacco farmers in Western Massachusetts who operate tobacco testing sites, smoking by performers if smoking is part of a theatrical production, and in religious ceremonies where smoking is part of the ritual.  Differences between the two versions of the bill include the Senate's inclusion of an exemption for smoking that is necessary as part of tobacco research, and its imposition of a ban in homes that are used as a day care centers.  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 have some kind of smoking ban in place. California, New York, Connecticut, Maine and Delaware have passed statewide bans.

An estimated 1,300 to 1,500 people die of second-hand smoke in Massachusetts each year, supporters said.

The Legislature was scheduled to adjourn formal sessions for the year at midnight Wednesday. Any non-budgetary bills not approved by that deadline will carry over until January.