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Smoking ban backers change course in House
Sunday, July 08, 2007

HARRISBURG -- The state House yesterday changed tactics on legislation that would ban smoking in public places and workplaces, including offices, restaurants, taverns and casinos.

House members spent two hours Friday arguing about House Bill 1541, a restrictive bill offered by Rep. Michael Gerber, D-Montgomery. It allows for only limited exceptions where smoking would be allowed.

But yesterday, House members decided to shift their attention to Senate Bill 246, a weaker smoking ban that the Senate approved 10 days ago. The House could begin discussion of that bill as soon as tomorrow.

Yesterday, Mr. Gerber said he wants to make Senate Bill 246 tougher by going back to the original language offered by its sponsor, Sen. Stewart Greenleaf, R-Montgomery. Both Mr. Gerber and Mr. Greenleaf want the legislation to permit smoking in only a few places, such as private clubs, retail tobacco shops, a portion of the rooms in a hotel or motel, and in private homes as long as the homes aren't used for day care.

Rep. Todd Eachus, D-Luzerne, however, plans to offer amendments to permit smoking in more places than that. "There is division in our [House Democratic] caucus over the bill," Mr. Gerber admitted.

Mr. Gerber's goal is to send a smoking-ban bill to Gov. Ed Rendell for signature before legislators leave for the summer. Mr. Rendell has insisted on banning smoking in most workplaces and public places as part of his Prescription for Pennsylvania, which also includes a push for health insurance for the 800,000 adults in the state who are not now covered.

Mr. Rendell said yesterday he hopes the bill that is sent to him for signature is tougher than the one the Senate approved. It permits smoking in private clubs (described as adults-only fraternal and social organizations); cigar bars, restaurants and taverns where food sales are less than 20 percent of the business; on 25 percent of a casino's gambling floor; and private rooms in nursing homes and treatment facilities.

The battle between Mr. Rendell and Senate Republicans over a $27 billion state budget for fiscal 2007-08 has delayed action on the smoking ban and other major bills. Some of them are:

House Bill 1631, creating a slots-funded Gaming, Economic Development and Tourism Fund, which will be used to help finance a $300 million hockey arena in Pittsburgh and an expansion of Philadelphia's convention center.

House Bill 1590, which would provide at least $750 million in bond proceeds for road and bridge repairs and bail out mass transit agencies in 2007-08 and raise more money in following years. The transportation bonds would be retired by increasing tolls on the Pennsylvania Turnpike starting in 2009 and imposing tolls on Interstate 80.

House Bill 842, the state school code for 2007-08, which may give Education Secretary Gerald Zahorchak power to reassign students from Duquense High School.

House Bill 1201, which would place a $5.40 annual assessment on homeowners' electricity bills to create an $850 million energy independence fund. The money would be used to make energy-saving appliances and "smart'' electric meters available to homeowners.

House Bill 289, which would move the 2008 Pennsylvania presidential primary up to Feb. 12 from the current date of April 22.

First published on July 7, 2007 at 10:26 pm
Bureau Chief Tom Barnes can be reached at tbarnes@post-gazette.com or 717-787-4254.
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