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BOSTON (AP) – A state senator who held up a proposed statewide workplace smoking ban has reversed her decision after lawmakers changed the wording of the legislation to ensure smokers who violate the rules would not be subject to criminal prosecution.

Sen. Susan Fargo, D-Lincoln, one of six members of a committee charged with working out a compromise between House and Senate versions of the ban, stunned fellow lawmakers earlier this week by abruptly joining two Republicans in voting against the compromise.

Fargo’s vote was needed to send the compromise back to the Legislature for final approval.

Her reversal now clears the way for final votes by the House and Senate, who voted overwhelmingly last fall in favor of the ban. Gov. Mitt Romney has said he would support it.

Fargo had expressed concern that portions of the compromise were too vague and could be interpreted as giving local boards of health the ability to ban smoking in private homes or revoke business licenses for noncompliance.

On Friday, she said members of the committee reached a resolution to “a central deadlock.”

“While some concerns remain, I believe this legislation with the new language is a bill I am proud to endorse,” Fargo said in a release.

Sen. Richard Moore, D-Uxbridge, and Rep. Peter Koutoujian, D-Newton, the chairmen of the conference committee, and Rep. Rachel Kaprielian, D-Watertown, said in a joint statement that they were pleased Fargo changed her mind after they clarified and explained some language.

“We believe that once Senator Fargo was able to understand that many of the minor changes she had previously requested had already been made in the text of the bill it became possible for her to support the conference committee bill,” the statement said.

Moore said the original language never intended for individual smokers to be the targets of criminal prosecution.

“Common sense seems to argue that wouldn’t be the case,” he said. “Since everybody wasn’t of the same mind, we certainly had no problem clarifying that.”

Fargo was one of the first sponsors of a statewide workplace smoking ban. She said she originally intended to protect those “who were forcibly exposed to the deadly effects of second-hand smoke.”

However, in recent weeks, she said, she became concerned about language that had been added to the bill.

Members expressed frustration with Fargo, saying they believed the language was appropriate. She said she originally voted against the compromise so her concerns could be heard.

“I do not support turning smokers into criminals, and I believe in protecting jobs,” she said. “The new language solves both of these issues.”

A workplace smoking ban has already been adopted in about 100 cities and towns in Massachusetts. Public Health Commissioner Christine Ferguson said that the Public Health Department would set up a toll-free number that businesses could call to find out how the new law applies to them.

“This is a critically important piece of legislation for the health of the people of Massachusetts,” Ferguson said. “Getting rid of second-hand smoke is so critical.”

AP-ES-04-23-04 1722EDT


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