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Clean indoor air act goes up in smoke
Wednesday, July 18, 2007

HARRISBURG -- The state House approved a tough ban on smoking in public places and workplaces late Monday, which allowed just a few places where smokers could light up.

But that bill couldn't be reconciled with a weaker version passed by the state Senate, which contained more exceptions for places where smoking would be allowed, such as one-quarter of casino gambling floors, small neighborhood taverns, cigar bars and other places.

So in the end, legislators are going home for the summer without agreeing on a single version of a "clean indoor air" act that could be sent to Gov. Ed Rendell.

The Democratic governor, who has made strong smoking-ban legislation a key element in his program to improve public health, said he'll tell legislators to get back at it on Sept. 17, when he calls them into special session on energy issues. A House-Senate conference committee also is being set up to get to work before then.

Mr. Rendell yesterday was disappointed that a bill to ban smoking in workplaces has to wait two more months, but said he's still confident a compromise version can be reached this fall.

"I thought the House bill was good legislation, and I could have enthusiastically endorsed it," he said. "But there were some legitimate disagreements in the Senate. I was interested in getting the right bill, not just something that was hashed out at the last second."

Rep. Dan Frankel, D-Squirrel Hill, defended the strict House bill, which allowed smoking only in private homes, private rooms in nursing homes, at large cigar expositions, tobacco shops and private social and fraternal clubs in existence for at least 10 years.

He noted that some leaders of the Democratic and Republican caucuses opposed such a strong bill, which was developed by Rep. Michael Gerber, D-Montgomery.

"This bill was a grass-roots legislative effort," Mr. Frankel said. "It reflected the views of the public, which overwhelmingly supports a comprehensive smoking ban for the state."

He said the Senate bill allowed smoking on 25 percent of casino floors and in smaller taverns where food sales make up less than 20 percent of revenue. Mr. Frankel said workers and patrons of those places needed to be protected from secondhand smoke also.

Bill Godshall of SmokeFree Pennsylvania was upset that the Senate adjourned for the summer late Monday night -- after the House had passed its version. That meant a joint bill couldn't be worked out. Mr. Godshall also didn't like the watered-down Senate bill.

"For the second time in a month, the Senate has voted to poison Pennsylvania workers and protect cigarette industry profits," Mr. Godshall said.

He also didn't like the Senate bill because it pre-empted all local smoking laws. That means cities and counties couldn't enact their own bills. That would rule out Allegheny County's effort to enact a smoking ban of its own. The House bill allowed localities to enact their own smoking laws.

Senate spokesman Erik Arneson blamed the House, which took the past four days to debate its version of a smoking ban, for causing the Senate to run out of time to work out a compromise this month.

"If the House had any sort of sensible schedule on considering the smoking ban, we probably could have finished it by now," he said. "They dragged out the debate beyond any rational limit and then rewrote the entire bill."

Sen. John Wozniak, D-Johnstown, said a smoking ban is a difficult issue but he thinks a statewide ban eventually will come.

"Pennsylvania has always been a conservative state, where personal freedom is important," he said. "But you can see this (smoking ban) as a wave that's coming. The problem is, how do you craft a bill that is acceptable to all the special interest groups, those for smoking and those against?"

Many proponents of an anti-smoking measure also see eventual passage as inevitable.

"We're disappointed that they weren't able to reach an agreement," said Cindy Thomas, executive director of Tobacco Free Allegheny. "But I think it's a delay, not a defeat."

"The House came out with a good product that would've helped the people of this state," said Diane Phillips of the American Cancer Society of Pennsylvania. "The Senate did not have the courage to pass it. But we're in this for the long haul. We're not going away."

Anti-ban proponents exhaled a sigh of relief.

"I'm very pleased that the vote is on hold," said Amy Christie, executive director of the Pennsylvania Tavern Association. "I'm going to remain optimistic that the House and the Senate will achieve something more equitable over the summer and the fall."

ALSO IN HARRISBURG

A new multipurpose arena for Penguins hockey and other uses sweats out a narrow victory.

There's money enough now to place 3,000 more adults into housing for the mentally retarded.

The Legislature has made the state more competitive for movie and TV projects.

Stories, Pages A-8,9

First published on July 17, 2007 at 11:17 pm
Staff Writer Michael Birnbaum contributed. Tom Barnes can be reached at tbarnes@post-gazette.com or 717-787-4254.