Live from the Legislature

House Bill 259, Prohibit Smoking In Public and Work Places (after languishing on the calendar for several days), is debated and voted on today in the House.

The bill outlaws smoking in bars and restaurants, except those bars that allow only patrons aged 21 or older. It allows local governments to extend the ban to “any enclosed structure.”

Supporters of the bill argue that government has a duty to protect the public from second-hand smoke.

Those speaking in support of the bill include: Bill sponsor and Majority Leader, Hugh Holliman (D-Davidson), Cullie Tarlton (D-Wautaga), Jeff Barnhart (R-Cabarrus), Larry Hall (D-Durham), Rick Glazier (D-Cumberland), and Bill Current (R-Gaston).

Opponents of the bill argue that telling private business to prevent smoking is an infringement on property rights and an overreach of government.

Opponents of the bill include Minority Leader Skip Stam (R-Wake), Bill Daughtridge (R-Nash), Charles Thomas (R-Buncombe), Leo Daughtry (R-Johnston), John Blust (R-Guilford), Ric Killian (R-Mecklenberg), Brian Holloway (R-Stokes), David Lewis (R-Harnett), Tim Moore (R-Cleveland), Curtis Blackwood (R-Union), and Joe Boylan (R-Moore).

Cary Allred (R-Alamance) proposes an amendment to eliminate the daily penalty for an infraction and redefines “smoking area” so that local governments could not extend a smoking ban to outdoor areas.

Vote on the amendment:
Yes: 111
No: 2

Vote on 2nd Reading on House Bill 259 to ban smoking in public places:
Yes: 55
No: 61

Bill fails.