Smoking ban compromise passes Indiana House

Lawmakers have reached a tenuous compromise on a statewide smoking ban, but its future is hazy in the Indiana Senate.

Senate President Pro Tempore David Long expects a tight vote today. The legislation still would allow smoking at bars but would remove many other exemptions the Senate saddled onto the bill.

"We'll see if this is the right formula to get it done," Long said. "We still have time if this is rejected. We're going to run it up the flagpole to see what happens."

The House approved the measure 60-33 late Thursday. If it fails in the Senate, lawmakers could draft a new compromise later today. And although the General Assembly plans to wrap up business today, it legally has until midnight Wednesday.

A House-Senate committee forged the smoking ban compromise Thursday, deciding to exempt bars despite personal beliefs that they should be included. That's because Long had made it clear he would endorse only a ban that allowed smoking in bars.

Sen. Vi Simpson, D-Ellettsville, a member of the committee, said there weren't enough Senate votes to ban smoking in bars, adding the ban will have barely enough votes to pass as is.

"I think it's the only compromise that will pass the Senate," Simpson said.

It is not clear how many senators will vote for the ban.

Lt. Gov. Becky Skillman could break a 25-25 tie in favor of the ban. Gov. Mitch Daniels has said he would sign a ban but sought as few exemptions as possible. A spokeswoman said Thursday that he was urging lawmakers to approve a smoking ban.

The House had approved a version that exempted certain gaming facilities, cigar/hookah bars, retail tobacco stores, nonprofit private clubs and fraternal organizations. The Senate tacked on exemptions for bingo halls, mental-health facilities, nursing homes, at-home businesses and bars.

Even with multiple exemptions, the ban narrowly passed the Senate, 29-21.

Anti-smoking advocates had urged lawmakers to further tighten the ban. The Indiana Campaign for Smokefree Air announced Thursday that it is withdrawing support for the smoking ban, calling it "a weak piece of legislation that leaves far too many workers in danger."

Amanda Estridge of the American Cancer Society also reacted with disappointment, saying she could not support a ban with so many exemptions.

"We definitely will remain in opposition to an exemption for bars," she said. "I really want to emphasize we are not all-or-nothing on this. . . . We understand the political realities in coming to an agreement in both houses, and we applaud their hard work on this."

Legislation authors and committee members Rep. Eric Turner, R-Cicero, and Rep. Charlie Brown, D-Gary, both signed off on the compromise and urged support.

According to the Americans for Nonsmokers' Rights Foundation, 35 states have smoking bans of some kind. Among them, 23 have smoke-free laws that are considered by anti-smoking advocates to be comprehensive, including Illinois, Michigan and Ohio.

Even with bars exempted, Kevin Brinegar of the Indiana Chamber of Commerce said passing the bill would be a substantial step to protect Hoosiers from secondhand smoke.

"At this time, a bill is not going to pass that bans smoking in bars and taverns," he said. "The health of Hoosiers is too important to let this bill die yet again because the legislation is not perfect."