Statewide smoking ban stalls in Senate
HARRISBURG — A bill that would have barred smokers from lighting up in Pennsylvania's restaurants, bars and casinos stalled Monday as the state Senate overwhelmingly rejected the House's version before adjourning, delaying final passage until at least the fall.
Senate Republican Leader Dominic Pileggi cited concerns about enforcement costs and a provision allowing local governments to enact stricter local ordinances among his reasons for urging defeat of the measure, which was rejected by a 36-13 vote.
"This is not an attempt to derail this bill," Pileggi, R-Delaware, said on the Senate floor. "It is only an attempt to work out the differences between the Senate and the House, which are significant."
Erik Arneson, a spokesman for Pileggi, said after the vote that a conference committee of House and Senate members would likely meet in the fall to try to resolve the dispute.
The House voted 141-62 to send its bill to the Senate after the fourth consecutive day of debate over how strict to make the smoking ban sought by Gov. Ed Rendell. Rendell spokesman Chuck Ardo had no immediate comment on the Senate vote.
Both versions would ban smoking in most public places and workplaces, including arenas, stores, restaurants, and convention halls. But the Senate allowed full or partial exceptions for more establishments, including a quarter of casino gambling floors, bars where food is one-fifth or less of gross sales, addiction treatment centers and nursing homes and other adult-care centers. Rendell threatened to veto the Senate bill, saying it would allow smoking in smaller home day-care settings.
Sen. Stewart Greenleaf, R-Montgomery, said the House had improved the Senate's version and urged his colleagues to support the House bill.
"If we (reject the bill) today, we're not going to deal with this bill for months, and it goes a long way to try and kill this bill," Greenleaf said.
Rep. Mike Gerber, D-Montgomery, who sponsored the House version, said a joint House-Senate committee might be needed to craft a bill that both chambers could support.
"This may very well end up being resolved in the fall, but I think it's worth waiting (for) to get a good product," he said.
Supporters of the House version cited health considerations.
"A person's right to smoke ends at my nose," said Rep. Phyllis Mundy, D-Luzerne. "Why do we place restrictions on legal activities? Because we have an obligation to protect the public's health."
The ban would be enforced by county health boards or by the state Health Department in counties that do not have a health board, with fines ranging from $250 for a first offense to $1,000 for three or more. But some opponents questioned whether effective enforcement was possible.
In the state House, local representatives voting against the bill were Dick Stevenson, R-8th; Daryl Metcalfe, R-12th; Scott Hutchinson, R-64th and Brian Ellis, R-11th. Voting for the measure was Jaret Gibbons, D-10th.
In the state Senate, Jane Orie, R-40th, voted for the bill. Voting against the measure were Bob Robbins, R-50th; Don White, R-41st; and Mary Jo White, R-21st.
