From: SMOKEFREE@compuserve.com
Date: Thu, 06/05/08
Please contact your PA Senator TODAY (at his/her local office) urging a YES
on the Smoke Free Pennsylvania Act when the Senate reconsiders the bill
next week (which could occur Monday). A vote against the legislation is a
vote to protect out-of-state cigarette companies (regardless of what some
Senators may claim).
Contact information for Senators is at http://www.legis.state.pa.us/
Nobody has advocated for local control (i.e. no preemption of stronger
local smokefree ordinances) more aggressively or consistently than
Smokefree Pennsylvania, but there simply weren't enough votes in the
conference committee for those amendments. During next year's legislative
session, Smokefree Pennsylvania will continue advocating to let local
governments enact stronger smokefree ordinances with interested members of
the General Assembly.
It should be noted that Senate Democrat Leader Robert Mellow's amendment
(that attained a 3-3 vote in conference committee on Tuesday) would NOT
have allowed Erie County to reenact its stronger smokefree ordinance (just
Allegheny County and Scranton). A few minutes later, Senator Mellow voted
against Senator Greenleaf's amendment (that was defeated 4-2) to allow all
local governments to enact stronger ordinances than the state law.
Last June, Senator Mellow stood on the floor of the Senate urging a YES
vote (with 16 of 21 Senate Democrats voting YES) on the subsequently
approved Senate measure that preempted all local ordinances (including
those in Philadelphia, Allegheny County, Erie County and Scranton) and that
exempted all slot casinos, and about 500 bars and about 500 clubs (with the
later exemptions similar to the current bill).
Then after the PA House approved a far stronger smokefree bill (last July)
that allowed all local governments to enact stronger ordinances (and that
banned smoking in all 14 slot casinos and all bars), Democratic Senators
Vincent Fumo and Jay Costa stood on the Senate floor urging a NO vote (with
20 of 21 Senate Democrats voting NO) on the stronger House version, which
resulted in the establishment of the Conference Committee (that was
appointed by four caucus leaders, all of whom had advocated preempting
stronger local ordinances and exempting slot casinos, bars and clubs).
In sum, had it not been for the actions of Senate Democrats last year, the
final version of the Smoke Free Pennsylvania Act would have allowed local
governments to enact stronger ordinances, and the law would have been
enacted last summer.
If the PA Senate rejects the Smoke Free Pennsylvania Act next week,
hundreds of thousands of workers in PA will continue being exposed to
tobacco smoke pollution for at least another year, while only workers in
Philadelphia will continue enjoying smokefree workplaces. That would be a
win for cigarette companies, and a huge loss for public health in PA.
Smokefree Pennsylvania's letter to PA Senators (who voted against the bill
yesterday) is below, followed by news articles.
Bill Godshall
- - -
(via FAX) June 4, 2008
Honorable Robert J. Mellow
Pennsylvania Senate Minority Leader
535 Main Capitol
Harrisburg, PA 17120-3022
RE: Smoke Free Pennsylvania Act (SB 246)
Dear Senator Mellow:
Smokefree Pennsylvania urges you to vote YES on the Smoke Free Pennsylvania
Act Report of the Conference Committee (SB 246) when it is reconsidered by
the Senate.
Since 1988, Smokefree Pennsylvania and I have consistently advocated for
smokefree air policies for all workers and against state preemption of
stronger smokefree workplace ordinances (because preemption only protects
the cigarette industry).
Although we don't support the legislation's local preemption clause or its
exemptions for slot casinos, bars or clubs, the bill will ensure smokefree
air for about 95% of non residential indoor workers in the state, which is
huge step forward.
Besides, this is the ONLY smokefree workplace bill that can be enacted this
session.
Pennsylvania's current smoking law is the worst in the nation, as it
protects ZERO workers from tobacco smoke pollution, and it preempts all
local governments (except Philadelphia) from doing so. So a vote against
this legislation is a vote to continue exposing hundreds of thousands of
workers in Pennsylvania to tobacco smoke at the workplace.
Smokefree Pennsylvania looks forward to collaborating with members of the
General Assembly next session in advocating legislation that would replace
the local preemption clause with a local control clause, and that would
remove exemptions for tens of thousands of hospitality workers.
Once again, please vote for the Smoke Free Pennsylvania Act (SB 246) Report
of the Conference Committee, and work with us next session to improve the
measure.
Sincerely,
Bill Godshall
Executive Director
- - -
Smoking ban put in doubt again
By Tracie Mauriello and Tom Barnes
Pittsburgh Post-Gazette
Thursday, June 05, 2008
http://www.post-gazette.com/pg/08157/887582-85.stm
HARRISBURG -- Efforts to enact a public smoking ban in Pennsylvania were
thrown into chaos yesterday as the state Senate rejected the measure by a
wide margin and then the House, also by a wide margin, approved it.
The Senate's rejection, which was led by Democrats, came despite a plea
from Democratic Gov. Ed Rendell to approve the landmark measure, which
would have banished smoking from about 95 percent of state workplaces and
public places.
The proposal, Senate Bill 246, isn't dead, because the Senate agreed to
reconsider it Monday.
The Senate defeated the smoking ban 31-19, with all 21 Democrats, joined by
10 Republicans, against it. Allegheny County Democrats Sean Logan of
Monroeville, Jim Ferlo of Highland Park and Jay Costa of Forest Hills spoke
against the bill because it wouldn't give Allegheny County the power to
enact its own countywide smoking ban.
It does, however, give Philadelphia the authority to retain its year-old
smoking ban. Democrats said Allegheny County should be treated the same as
Philadelphia.
Also voting against the bill were two Republicans from Allegheny County,
Jane Orie of McCandless and John Pippy of Moon.
About 30 minutes after the Senate voted, the Democratic-controlled House
approved the same legislation by a vote of 163-38. Many legislators
criticized the bill as not perfect, and said it contained too many
exceptions where smoking would still be allowed, but they said a
less-than-ideal bill would be better than no bill at all.
Since approval of both chambers is required for a bill to be enacted,
nothing will happen unless the Senate changes its mind on Monday.
The bill was the product of months of meetings by a six-member House-Senate
conference committee, which wrapped up its work Tuesday by approving a
compromise bill that many expected would sail through both chambers.
One of those was Bill Godshall of SmokeFree Pennsylvania, who was
disappointed by the Senate's action. He said he is sending letters to all
31 "no" voters urging them to approve the bill on Monday. Any deficiencies
in the bill can be corrected in the next session, he said.
Mr. Godshall has pushed for months for a stringent anti-smoking bill. He
said Senate Bill 246 would have "protected 95 percent of state workers from
secondhand smoke in the workplace."
Under the bill, he said, smoking would have been permitted in 12 of the 14
casinos that eventually will be in operation, along with about 500 "mom and
pop'' bars where food sales make up a small percentage of revenue, and
about 500 private membership clubs statewide.
Rendell spokesman Chuck Ardo said the governor "understands that some
legislators wanted a stronger bill, but he believes the onus is on them to
produce a bill that can make it through both chambers and that he then can
sign."
If the Senate does not reverse itself, the bill is almost certainly dead.
Legislative rules prevent the General Assembly from taking up the issue
again until January, when the next session begins.
There is no more room for compromise, said Rep. Robert Belfanti,
D-Northumberland, a member of the conference panel.
"Some people wanted full and complete liberty for businesses [to decide
whether to allow smoking] and there are other people who want to ban
smoking in [privately owned homes]," he said. "This [bill] is absolutely
the best we can get at the moment ... There's no further changes that we
can all agree to."
Tracie Mauriello can be reached at tmauriello@post-gazette.com or
1-717-787-2141. Tom Barnes can be reached at tbarnes@post-gazette.com or
1-717-787-4254.
- - -
Senate rejects smoking ban
Democrats say 3 municipalities must be able to set own limits
By Charles Thompson
Patriot-News (Harrisburg)
Thursday, June 05, 2008
http://www.pennlive.com/news/patriotnews/index.ssf?/base/news/1212636304153
530.xml&coll=1
The anticipated adoption of a smoking ban for most Pennsylvania workplaces
and many public spaces was jeopardized Wednesday by a dispute over local
governments' power to establish more stringent restrictions.
The 21-member Senate Democratic caucus voted as a bloc against a compromise
bill that would let Philadelphia's existing ban stand but would require
other cities and counties to live by the state law, sending the measure to
a 31-19 defeat.
But the ban legislation is not dead just yet.
Shortly after Wednesday's vote, Sen. Stewart Greenleaf, R-Montgomery, moved
for reconsideration, which means the bill will be on the Senate calendar
next week for a possible re-vote. But at least seven senators would have to
change their votes.
The Democrats' action was a show of solidarity with members from Allegheny
County and Scranton, who were upset their local governments would not be
able to enforce tougher local smoking ordinances.
That bloc was joined by 10 Republicans, most of whom are philosophically
opposed to the government making decisions on smoking for businesses and
individuals.
Senate Minority Leader Robert Mellow, D-Lackawanna, said his goal is to
have the bill sent back to the House-Senate conference committee where he
could try again for a local-control provision.
But House leaders said they aren't sure that was even possible, and legal
staffs in both the House and Senate were still researching their options
Wednesday night.
The day ended with frustration and finger-pointing.
House members, who had passed the compromise bill 163-38, called on
senators who want a smoking ban to rally.
"If the people in the Senate are trying to make a political point, they
made their political point," said Rep. Mike Gerber, D-Montgomery. "If they
are serious about protecting the health and welfare of Pennsylvanians, they
will vote to pass this bill on Monday."
Gerber, a leading champion of a ban, noted the proposed law is virtually
identical to the local ordinances it would supersede. Other House members
noted several Senate Democrats, including Mellow, had opposed local option
measures when the Senate debated the issue last year.
Gov. Ed Rendell, a former Philadelphia mayor, also caught flak Wednesday
for opening the local control issue in the first place.
Rendell, who has called for the smoking ban as part of his health care
reform package, had threatened to veto any bill that preempted
Philadelphia's year-old ordinance.
Rendell should be told "he's the governor of 67 counties, not one," Mellow
said during Wednesday's debate.
Clean air and health advocates, who had believed they were on the cusp of a
major victory after years of lobbying and public education, vowed to
redouble their lobbying between now and Monday.
"It does feel to us that clean indoor air is being drug into becoming a
political issue and that's a shame, because this literally does affect
people's quality of life," said Garry Pincock, chief executive officer of
the American Cancer Society's Pennsylvania Division.
CHARLES THOMPSON: 705-5724 or cthompson@patriot-news.com
- - -
Pa. Senate snuffs out compromise bill to ban smoking
By Kari Andren and Amy Worden
Philadelphia Inquirer
June 5, 2008
http://www.philly.com/inquirer/home_region/Pa_Senate_snuffs_out_compromise_
bill_to_ban_smoking.html
HARRISBURG - The state Senate yesterday voted down a long-awaited
smoking-ban bill, clouding the future of legislation agreed upon by a
bipartisan committee yesterdayTuesday. The House, meanwhile, overwhelmingly
approved the bill (Senate Bill 246).
The votes in the two chambers came one day after the compromise bill
banning smoking in most indoor venues and allowing Philadelphia's more
comprehensive ban to stand was agreed upon by a joint legislative
committee.
The state Senate rejected the bill, 31-19, behind Democrats who felt other
municipalities should be allowed to enact their tougher antismoking
ordinances. But minutes later, the Senate voted to reconsider the plan
Monday, as they/it/ can do under a Senate rule that allows a five-day
window for action. Shortly afterward, the House passed the bill, 163-38.
"The House action on the smoking ban makes it very difficult to send this
bill back to conference," said Chuck Ardo, Gov. Rendell's spokesman.
"Now that the political points have been made in the Senate, we hope that
members will reconsider their position and do what's best for the
commonwealth," Ardo said.
The measure faced strong opposition in the Senate from some lawmakers
because, under the compromise bill, only Philadelphia could keep its
smoking ban.
"For the life of me, I can't understand why people are turning their backs
on the second-largest county in the state," said State Sen. Sean Logan (D..,
Allegheny).
Philadelphia's smoking ban withstood a court challenge while other
municipal bans, including Allegheny County's, were overturned in the
courts.
State Rep. Mike Gerber (D., Montgomery), a member of the conference
committee and a staunch smoking foe, accused the Senate of playing
"political games."
"If the people in the Senate are serious about protecting the health and
welfare of Pennsylvanians, they will vote this bill on Monday," said
Gerber.
If the bill fails again, it could be sent back to a House-Senate conference
committee to seek further compromise. endnu
But State Rep. Bob Belfanti (D., Northumberland), a conference committee
member and a supporter of smokers' rights, predicted nothing would be
gained by that.
"We did what we had to do in good faith," Belfanti said. "It would be
ludicrous and nonsensical to send it back."
William T. Godshall, executive director of Smoke-Free Pennsylvania, said he
was stunned by the Senate vote, adding that on Tuesday he thought the
bill's passage was a done deal.
"The Senate Democrats were willing to reject a bill to protect 95 percent
of workers, claiming it wouldn't allow Allegheny County and Scranton to
reenact their ordinances," he said. "We urged anybody who wanted local
control and stronger ordinances to do it next session. To kill this bill
over one issue makes no sense."
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