The State Senate yesterday voted, 41-9, in favor of a bill that bans smoking in many public places. The nine "no" votes were all Republicans, who considered the smoking law an intrusion by government in the operation of business.

The House already had passed the bill, so now it goes to Governor Rendell for his signature. The Governor has vowed to sign the bill, which would take effect 90 days after his signature.

It is a compromise bill that bans smoking in most workplaces and public spaces.

Last week the Senate, led by all 21 Democrats, had rejected the conference committee report on a smoking ban by a 31-19 margin.

This week, all the Democrats switched their position, saying that while the smoking ban "isn't perfect," it would protect about 95 percent of public and work places.

The main reason Allegheny County Democrats opposed the bill last week was that it doesn't permit the county to enact its own smoking ban. The bill does, however, permit Philadelphia to keep its 2-year-old smoking ban. Some
Allegheny County legislators thought that was unfair.

But Democratic Leader Robert Mellow (D-Lackawanna) said Republican Senate leaders had agreed to let him submit legislation later to change the state's Second Class County Code to let Allegheny County adopt a smoking law of its own. Also, he will introduce a change to the Second Class A City law allowing Scranton to adopt a local law.

Allegheny County's previous smoking ban was eliminated in a court challenge, and Scranton put its measure on hold. Senator Mellow said that if the changes to the state codes are adopted, both cities would have another chance to adopt a local smoking ordinance.