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Rendell would veto smoking bill that forbids local rules
Committee delays vote again
Monday, May 12, 2008

HARRISBURG -- Gov. Ed Rendell threw a major wrinkle into deliberations over a new a smoke-free workplace bill today, saying he won't sign any legislation that pre-empts or waters down Philadelphia's current tough law restricting smoking.

A six-member House-Senate conference committee was expected to vote on a compromise bill today, but after the governor's announcement only three members attended the meeting and action was postponed again. The compromise bill would not have allowed local communities to enact laws tougher than the state law, which would weaken the Philadelphia law.

"If the Legislature sends me a bill that pre-empts what Philadelphia does, I would veto it," Mr. Rendell told reporters. "Philadelphia has taken a strong stand against smoking in public places" and the Legislature shouldn't overrule it, he added.

Meanwhile, Sen. Vincent Fumo, D-Philadelphia, said this morning that there's a "confidential draft" of a statewide bill that would throw out Philadelphia's smoking ban. Mr. Fumo said Philadelphia and any other town or county in Pennsylvania should be allowed to enact their own laws, a process called "local option."

He said he would vote against the proposed new state law if it bans the local option. Banning local option also would prevent Allegheny County from reviving its anti-smoking law, which was thrown out in court because right now, only the Legislature can enact such a smoking law. Philadelphia's local law has apparently survived because no one has yet challenged it in court.

"Philadelphia's city ordinance is more comprehensive, thorough and better thought out" than the state proposal, Mr. Fumo said. "There is no compelling reason to pre-empt the city ordinance."

Whatever proposal emerges from the conference committee today cannot be amended in the House or Senate. It can only be voted on as is. Some members don't favor local option, saying it would be too confusing if every town in Pennsylvania enacted its own local smoking ban -- people won't know if they could smoke in bars or clubs because that would depend on which county or municipality they are in.

More details in tomorrow's Pittsburgh Post-Gazette.

First published on May 12, 2008 at 11:07 am
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