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Smoking ban rises from ashes
State lawmakers will look for a compromise this week
Monday, October 15, 2007

HARRISBURG -- Under pressure from Senate Republicans, House Majority Leader Bill DeWeese says he will rev up efforts this week to hammer out a compromise bill to ban smoking in most public places and workplaces.

The Waynesburg Democrat said his goal is to have a bill passed by both the House and Senate by Dec. 12, when both chambers recess for the holidays, but many hurdles remain before that can happen.

Mr. DeWeese hopes to take the first step by having a six-member conference committee appointed, three members from the Republican-controlled Senate and three from the Democratic-controlled House.

Before they recessed for the summer, the House and the Senate approved markedly different versions of a public smoking ban.

Led by Democrat Michael Gerber, a sophomore legislator from Montgomery County, the House approved a tough version of the bill, which permitted smoking only in private homes -- as long as they weren't used for day care -- and in cigar expositions, tobacco shops and fraternal clubs that have been in existence for at least 10 years. Smoking would not be allowed in any of the state's new slot machine casinos.

Mr. DeWeese voted against that measure, leading some legislators to complain privately that he doesn't want to see a smoking ban enacted. Last week, Mr. DeWeese denied that.

"I am going to support a smoking ban as long as it contains some modest exceptions," he said.

The stricter House bill couldn't be reconciled before the July recess, with the Senate approving a looser version, which permitted smoking in small neighborhood taverns, up to 25 percent of the floor space of a casino, private clubs, private homes that don't have child care, cigar bars or upscale taverns that stock cigars in humidors, and some rooms in nursing homes and residential treatment facilities.

Senate Majority Leader Dominic Pileggi, R-Chester, recently wrote to Mr. DeWeese saying it's time for action on a compromise smoking ban, or the Clean Indoor Air Act, as it is officially known.

"The process of adopting a Clean Indoor Air Act in Pennsylvania should not be further delayed," Mr. Pileggi said. "I strongly urge you to take this action as soon as possible."

He said the Senate and House "need to begin our work immediately so that a meaningful compromise can be forged on this difficult and important issue."

Because Democrats control the House, they get to name two members of the conference committee. GOP House leader Sam Smith of Punxsutawney, who also opposed a smoking ban in July, names one. Senate GOP leaders name two members, and Senate Democrats name the other.

Mr. DeWeese said he wants to name Mr. Gerber and balance him with Rep. Bob Belfanti, D-Northumberland, who favors a somewhat looser ban, "something that VFW posts or American Legions can be comfortable with," as Mr. DeWeese put it.

Banning smoking in such private clubs, or in smaller neighborhood taverns, where food sales don't account for more than 20 percent of the business, has in the past proven to be a major stumbling block. Club officials and tavern owners say many of their customers like to smoke and they fear a loss of business if a ban is enacted.

The issue of banning smoking in smaller bars "will probably be the pre-eminent matter of debate," Mr. DeWeese said.

Anti-smoking groups have recently increased their pressure on legislators to approve a smoking ban for workplaces, including bars, restaurants and casinos. The groups, which have run radio and newspaper ads, noted that most states around Pennsylvania have already taken such action.

As for the "modest exceptions" he'd like to see, Mr. DeWeese, himself a cigar smoker, mentioned "cigar nights" staged as fund-raisers by charitable groups.

As to the casino issue, Mr. DeWeese said he wouldn't want to do anything to make Pennsylvania casinos "less competitive with West Virginia casinos," where smoking is allowed.

But if smoking were allowed in casinos, he said, "it should be limited to specified, walled-off sections."

First published on October 15, 2007 at 12:00 am
Bureau Chief Tom Barnes can be reached at tbarnes@post-gazette.com or 1-717-787-4254.
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