03:17 PM CDT on Tuesday, June 6, 2006

Doug Simpson / Associated Press

BATON ROUGE -- A proposed ban on smoking in restaurants passed the Senate on Monday after a lawmaker inserted the ban into a separate bill that dealt only with smoking inside cars and trucks.

The original bill prohibited adults from smoking inside a car or truck if young children are inside.

But the Senate unanimously approved Sen. Rob Marionneaux's surprise move to add provisions that would ban smoking inside restaurants. As it stands now, the measure would prohibit smoking in all restaurants' dining areas but allow smoking in bars and casinos, cigar shops, and hotel and motel rooms. Smoking would be allowed in restaurant barrooms that are separate from dining areas.

Marionneaux had already guided the restaurant smoking ban through the Senate but it stalled in House committee. By amending the House-backed bill -- it has already passed the House -- Marionneaux aimed to bypass that committee and send it straight to the House floor.

"This is the only way I think I can get the measure to the floor of the House," said Marionneaux, D-Livonia.

The Senate voted 31-3 to send the measure to the House, which must vote on Marionneaux's change.

If the bill becomes law, it would take effect in 2007.

The measure will probably face opposition lobbying from the restaurant industry, whose members have complained that it favors bars over restaurants.

Voting against the amended measure were Sens. Don Cravins, D-Opelousas; Heulotte "Clo" Fontenot, R-Livingston; and Max Malone, R-Shreveport.

Five senators were absent: Sens. Robert Adley, D-Benton; Cleo Fields, D-Baton Rouge; Charles "C.D." Jones, D-Monroe; Robert Kostelka, R-Monroe; and Joe McPherson, D-Woodworth.

The House bill amended by Marionneaux is by Rep. Gary Smith, D-Norco. It would prohibit anyone from lighting up a cigarette, cigar or pipe in a vehicle while a child required to be in a booster seat or car seat is riding along. Smith said that's a child up to 60 pounds, or up to about eight years old.

Smith said the bill tries to prevent health problems that children could have from second hand smoke inhalation.

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On the Net: House Bill 1010 can be viewed at http://legis.state.la.us/

(Copyright 2006 by The Associated Press. All Rights Reserved.)