Two days before a statewide smoking ban is set to kick in, two state lawmakers are already trying to change it.

State Reps. Chelsa Wagner, D-Beechview, and Dan Frankel, D-Squirrel Hill, want to tighten the Clean Indoor Air Act so that Allegheny County can craft its own stricter smoke-free laws, they said at a news conference yesterday.

Smoking will be banned in restaurants under the bill, but smaller bars and taverns, where food sales aren't more than 20 percent of total revenue, can ask for an exception. Ms. Wagner and Mr. Frankel said that caveat gives some businesses an unfair advantage and doesn't offer equal protection to employees and customers from the harms of second-hand smoke.

Ms. Wagner's bill would give Allegheny County 90 days to enact a smoking ban stricter than the Clean Indoor Air Act; Mr. Frankel's bill also would allow local governments to enforce stronger bans, except for Philadelphia, which for two years has had its own clean air law that Gov. Ed Rendell insisted not be overridden by the Legislature.

The lawmakers want Allegheny County to have the same authority that has been extended to Philadelphia.

"We have to protect all people equally," Mr. Frankel said. "We have that responsibility. If we're not going to do it on the state level, we have to do it on local levels."

The lawmakers said they did not favor a "watered-down" Senate bill approved last summer that had more exemptions than a bill the House passed. A House-Senate conference committee worked for months to reach a compromise, which is the plan that will take effect Thursday. They called it a step in the right direction but not comprehensive enough.

The ban applies to 95 percent of Pennsylvania workplaces and public places, including schools, colleges and government-owned buildings; public transportation centers; stadiums and theaters; bowling alleys and nightclubs; private homes used as day-care centers; and most health care facilities.

The state Department of Health will field complaints from residents through its Web site and toll-free number rather than sending inspectors around the state. Penalties include a $250 fine for the first offense, a $500 fine for a second offense and a $1,000 fine for subsequent violations.

Exceptions to the rule include private membership groups, such as veterans and fraternal clubs; 25 percent of the rooms in a hotel; and 25 percent of a casino floor, among others.

Such exceptions make the plan confusing, said Cindy Thomas, executive director of Tobacco Free Allegheny, who joined the lawmakers at yesterday's news conference. A law that bans smoking across the board would "treat everyone fairly," she said, and would be easier to explain to those expected to comply.

It's unknown when the measures could come up for a vote. If the bills are not approved by December, they'll have to be introduced again at the start of the next legislative session. The House has just nine more working days before representatives adjourn to campaign for re-election.

"All we can do is just press for [the bills] to be taken up very early," Ms. Wagner said.

If either passes, county Councilman Chuck McCullough said he would work to create a comprehensive smoking ban for the county. The county had its own smoke-free law last year, but it was thrown out in court.

Ralph Reiland, part-owner of Amel's Restaurant in Baldwin Township, where the lawmakers spoke yesterday, said he, too, favors a more comprehensive smoking ban. He said the Clean Indoor Air Act jeopardizes the health of workers and customers at restaurants that will still permit smoking.

The law bans smoking at Amel's, which creates "an uneven playing field" for businesses, he said, that forces smokers who would rather dine at places such as Amel's to travel to rival businesses that are exempt from the ban.

"They'd rather be here," he said, "but the government is moving them elsewhere."