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Rendell says he'll veto weakened ban on smoking
Governor's threat snuffs out effort for compromise in Legislature
Tuesday, May 13, 2008

HARRISBURG -- A House-Senate panel had been expected to adopt a compromise bill yesterday outlining which workplaces had to be smoke-free, but Gov. Ed Rendell changed things with just a few words at a news conference.

Mr. Rendell, a former mayor of Philadelphia, said he wouldn't sign any statewide smoke-free bill that "pre-empted" Philadelphia's current, restrictive law on smoking.

"I have told the legislative leaders that if they send me a bill that is too watered-down, or one that pre-empts what Philadelphia has done, I would veto it," he said.

The six-member conference committee was expected to include such a local pre-emption clause in its compromise bill, written by Sen. Charles McIlhinney, R-Bucks. The governor's vow to veto such a bill appeared to throw a wrench into the committee's plans.

The panel was to meet yesterday afternoon to adopt a final bill, but only three members showed up: Sen. Stewart Greenleaf, R-Montgomery, and Reps. Michael Gerber, D-Montgomery, and Bob Belfanti, D-Northumberland.

Mr. McIlhinney, Sen. Robert Mellow, D-Lackawanna, and Rep. Ron Miller, R-York, failed to attend the meeting, so after waiting two hours, Mr. Greenleaf adjourned the session without saying when the panel would meet again.

Mr. Gerber and Mr. Greenleaf don't favor local pre-emption; they would allow towns and counties to enact their own smoke-free laws that are tougher than the new state law. The other four members are believed to want one state law that applies everywhere.

"I thought everything [about the smoke-free bill] was wrapped up Friday, and we would have a vote today," said Mr. Belfanti. "But there seem to be some difficulties taking place. I'm disappointed that we aren't moving forward on a broad and comprehensive smoking prohibition."

Deborah Brown of the American Lung Association was also upset.

"I'm angered by the lack of activity of this Legislature," she said. "They don't seem to realize that lives are at stake [from second-hand smoke]. This [delay] is just inexcusable."

The Legislature has been dealing with the smoke-free issue for nearly a year. Tobacco lobbyists want it to approve one law for the whole state, which means pre-empting local and county ordinances. Pro-tobacco forces think it will be too confusing for smokers if all 67 counties, or hundreds of municipalities, adopt different laws specifying where people can or cannot smoke.

Currently, Philadelphia is the only municipality in Pennsylvania that has its own smoking-ban law. That law prohibits all smoking in casinos; it permits smoking in private clubs only if two-thirds of the members agree; it prohibits smoking in restaurants but permits it in smaller neighborhood bars, where food sales make up no more than 20 percent of sales; and it allows smoking in only 25 percent of hotel/motel rooms.

"Philadelphia has taken a strong stand to support the public health of its residents and I will not backtrack on that," Mr. Rendell said. "If [legislators] want to pre-empt Philadelphia [from having its own ordinance], then the smoking bill won't go into law."

Other towns and counties, including Allegheny County, are interested in reviving a smoke-free workplace bill that was struck down in court, but as of now, they must get state approval to do so.

The Allegheny County Board of Health yesterday called for a new smoking ban "that would apply to virtually all public places and work places and have no pre-emption clause precluding counties and municipalities from enacting their own smoking restrictions."

Mr. Rendell said, "We may negotiate [with legislators] about other jurisdictions that haven't done anything" to ban smoking in their workplaces, but he was firm about protecting Philadelphia's year-old ordinance, which he said has worked well.

Sen. Vincent Fumo, D-Philadelphia, said he'd learned about a "confidential draft" of a smoke-free bill. He said the weak measure "would override a much-stronger Philadelphia anti-smoking ordinance ... and should be defeated for that reason."

Whichever bill the committee approves must then be voted on, without amendment, by House and Senate members. If both chambers pass it, then it goes to the governor for signature or veto.

Besides local pre-emption, the other divisive issue is the number of exceptions to the smoking ban -- that is, which businesses will still be allowed to permit smoking.

These could include bars and taverns, casinos, sports arenas, restaurants, private fraternal clubs, cigar bars, a certain number of hotel/motel rooms, nursing homes, mental health facilities, fund-raising events by nonprofit groups, and wholesale or retail tobacco businesses.

Bureau Chief Tom Barnes can be reached at tbarnes@post-gazette.com or 1-717-787-4254.
First published on May 13, 2008 at 12:00 am
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