HARRISBURG -- House-Senate negotiators are closing in on a proposal to ban, or at least limit, smoking in most public places and work places around the state, such as restaurants, bars, taverns, clubs and casinos.
Barb Morgan, a former teacher in Baldwin-Whitehall schools near Pittsburgh, says it's about time. She's sick of going out to dinner with her husband, George, and having their meal ruined by cigarette smoke wafting over from the smoking section.
"A couple of times when we've gone out to dinner, we've almost had to get up and leave because the smoke is so terrible and offensive,'' she said last week. "I really think people want there to be no smoking, at least in restaurants. Let's get this done in the next few weeks."
Senate Democratic leader Bob Mellow of Scranton, a member of the House-Senate conference committee that is writing the smoking ban, agreed it's time for action. He's hoping to enact a bill before the summer recess starts June 30.
"We've been reviewing [the pros and cons of a ban] long enough," he said. "I've been in the Senate a long time and this isn't the first time we've talked about banning smoking. It's time for the committee to act."
The six-member panel will hold two important hearings this week -- today and Thursday here at the Capitol, to take final testimony regarding where cigarette smoking should be banned or allowed.
Today's speakers will include state Health Secretary Calvin B. Johnson, Lebanon County Commissioner Larry Stohler, SmokeFree Pennsylvania Director Bill Godshall, and Dr. Walter Tsou of the SmokeFree Philly Coalition.
Thursday's speakers will include pro-smoking advocates from several of the state's new racetrack/casinos, plus the American Lung Association, the Pennsylvania Tavern Association, the Pennsylvania Restaurant Association, a bar in West Chester, the American Cancer Society and the Bowling Proprietors Association.
The committee then will hold a final meeting March 31, said Sen. Stewart Greenleaf, R-Montgomery, another panel member. Mr. Greenleaf, who has pushed for 10 years to enact a strong smoking ban in public places, hopes the panel will adopt its smoking limitation bill at that session.
That proposal, of course, still would need approval by the full House and Senate. A bill that comes out of a conference committee is unusual in one respect -- it has to be either voted up or down as is, meaning legislators can't amend it even if they don't like all aspects.
Mr. Greenleaf hopes the House and Senate will take final votes on the bill by May and send it to Gov. Ed Rendell for signature. But given the controversial nature of the subject, some legislators think that timetable could be overly optimistic.
The House-Senate panel has been working quietly behind the scenes for several months to try to forge a compromise bill. Some members are strong anti-smoking activists, such as Mr. Greenleaf and sophomore Rep. Michael Gerber, D-Montgomery. It's personal with Mr. Gerber, 35, whose father is a former chain smoker who now suffers from heart disease and has had several heart attacks.
Those lawmakers are being supported by something called the Breathe Free Coalition, including health groups such as the cancer society, the American Heart Association and the lung association, plus the Campaign for Tobacco-Free Kids and state restaurant owners.
Some anti-smoking forces have been using newspaper ads and radio airways to urge the Legislature to act. One Pittsburgh radio ad has two people entering a restaurant and one says something like "You mean Pennsylvania still allows smoking in restaurants?''
The other person laments the lack of legislative action in Harrisburg. The ad urges listeners to call House Democratic leader Bill DeWeese of Waynesburg and House Republican leader Sam Smith of Punxsutawney and demand action. They have not been leaders in the anti-smoking cause.
Other members of the House-Senate conference panel are, however, more willing to listen to smokers' concerns, such as Rep. Bob Belfanti, D-Northumberland, and Sen. Charles McIlhinny, R-Bucks. Mr. Belfanti, 59, has smoked for many years.
They are getting support from casino owners, members of fraternal clubs and other private organizations, plus the Pennsylvania Tavern Association, which represents about 500 "mom and pop'' bars, where many customers like to light up while having a drink and socializing. Association Director Amy Christie hopes legislators won't declare that such smaller taverns must be totally smoke-free because she fears it will hurt business.
Last summer, the House approved a tough anti-smoking bill that would have prohibited smoking in virtually all public places. But the bill, sponsored by Mr. Gerber, was amended in the Senate by Mr. McIlhinney to allow smoking at casinos, at neighborhood taverns where less than 20 percent of revenue was derived from food sales, as well as private clubs and new upscale nightspots called "cigar bars," which sell high-end cigars and liquor.
When the House and the Senate failed to agree on one version, leaders decided to send the matter to a conference committee, a frequent tactic on thorny issues.
Everyone agrees that a ban on smoking in public places is an emotional issue and feelings run high on both sides. Smokers say they're tired of having their privileges and "rights" whittled away over the past decade, while nonsmokers say they're tired of breathing second-hand smoke, which has been linked to cancer and other health problems.
Based on conversations with legislators, here is some of the current thinking of what issues are still at odds and how the final bill could be shaped:
Casinos: The final bill will probably permit smoking in at least a portion of casinos -- perhaps on 25 percent (or more) of the gaming floor.
Mr. Greenleaf said he won't support smoking at casinos. However, he may be outweighed by Mr. McIlhinney and Mr. Mellow and people like David LaTorre, a spokesman for The Meadows Racetrack & Casino in Washington County.
Mr. LaTorre said many people like to smoke while they play the slot machines, and The Meadows needs to allow smoking for competitive purposes -- so its patrons don't drive a little farther, to West Virginia, which allows smoking and now also offers table games, which Pennsylvania casinos aren't allowed to have.
"Casinos are start-up businesses in Pennsylvania," said Mr. Mellow, who lives near the Mohegan Sun casino near Wilkes-Barre. "I don't think a total smoking ban can be in effect. You have to be competitive with your bordering states," such as New York and New Jersey, in Mohegan's case.
Private clubs, such as the Elks, Moose, Fraternal Order of Police, Veterans of Foreign Wars and others: Again, Mr. Mellow thinks smoking could be allowed here, since they're not open to the public, and in some clubs, "people pay a lot of money to belong. I think it has to be left up to the discretion of the members whether smoking is allowed."
Private homes: Smoking is likely to be permitted in a person's private home, as long as the homeowner doesn't take care of pre-school children or ailing elderly people.
Cigar bars: What exactly is a cigar bar? asks Mr. Greenleaf. "We hear the term often, but we've never really had anyone testify about it."
Such upscale establishments are usually bars where wine and spirits are sold, with cigars being sold out of humidors. "Some of these bars contain a tobacco shop, I think," Mr. Greenleaf added.
"We will hear from all interested parties [this week] and then let the chips fall where they may," said Mr. Greenleaf. "I want to get the best bill we could possibly have, but I don't know how the committee vote will come out."
