From: SMOKEFREE@compuserve.com
Date: Fri, 05/30/08
The Smoke Free PA Act Conference Committee is scheduled to consider SB 246
on Tuesday, June 3, at 10AM in Room 8-E-B of the State Capitol.
Please contact the committee members urging them to support a compromise
(between the House and Senate approved versions of SB 246) that lets local
governments enact stronger smokefree ordinances. Smokefree Pennsylvania's
most recent letter to committee members is below. Bill Godshall
Sen. Stewart Greenleaf, 717-787-6599, FAX 783-7328, sgreenleaf@pasen.gov
Sen. Charles T. McIlhinney, Jr., 717-787-7305, FAX 783-5962,
cmcilhinney@pasen.gov
Sen. Robert J. Mellow, 717-787-6481, FAX 783-5198, mellow@pasenate.com
Rep. Robert E. Belfanti, Jr., 717-787-5780, FAX 787-5763,
rbelfanti@pahouse.net
Rep. Michael Gerber, 717-787-9475, FAX 787-0861, mgerber@pahouse.net
Rep. Ron Miller, 717-783-8389, FAX 705-2095, rmiller@pahousegop.com
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Smokefree Pennsylvania
1926 Monongahela Avenue
Pittsburgh, PA 15218
412-351-5880
FAX 351-5881
bill@smokescreen.org
(via FAX) May 30, 2008
Honorable Charles T. McIlhinney, Jr.
Pennsylvania Senate
187 Main Capitol
Harrisburg, PA 17120-3010
RE: Conference Committee on Smoke Free Pennsylvania Act (SB 246)
Dear Senator McIlhinney:
Once again, Smokefree Pennsylvania urges you compromise (between the House
and Senate approved versions of SB 246) by including the local control
clause in the House approved version in the Conference Committee Report.
The state law should be the minimum, not the maximum, standard for
protecting workers and public health.
Preempting local smokefree workplace ordinances (that are more protective
of worker's health) violates Article I, Section 27 of the Pennsylvania
Constitution, which states: "The people have a right to clean air," and
also violates the stated intent of SB 246, which is: "to protect the public
health, the comfort of all persons and the environment by prohibiting
smoking in public places."
Only out-of-state cigarette companies benefit from preemption, which is why
cigarette companies have (during the past twenty five years) aggressively
lobbied all fifty state legislatures to preempt more protective local
ordinances. This legislative strategy is delineated by Philip Morris at
http://www.pmdocs.com/PDF/2062340066_0089_0.PDF
Besides, since four of the six members of the Conference Committee have
stated their desire to exempt slot casinos and thousands of bars, clubs and
other workplaces from the Smoke Free Pennsylvania Act, the only reasonable
legislative compromise (between the House and Senate approved versions of
SB 246) is to let local governments enact more protective smokefree
workplace ordinances, which is what occurred in New Jersey in 2006 when the
NJ Smoke-Free Air Act was enacted with an exemption for casinos.
New York, New Jersey, Delaware, Maryland, West Virginia, Ohio and thirty
other states DO NOT PREEMPT more protective local smokefree ordinances, and
neither should Pennsylvania. Once again, Smokefree Pennsylvania will
strongly support any Conference Committee Report on the Smoke Free
Pennsylvania Act as long as it contains the local control clause in the
House approved version of SB 246.
Sincerely,
Bill Godshall
Executive Director
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