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Senate passes Pa. smoking ban

Health groups pull support

HARRISBURG — The state Senate voted Tuesday to ban smoking in most of Pennsylvania's buildings, defying a coalition of health associations that pulled its support because the bill would extend partial or full exemptions to private clubs, bars and casinos.

The bill is unlikely to be the final word from the Capitol on an indoor smoking ban. The House may consider its own version this week, and Gov. Ed Rendell threatened a veto over a change made Monday that he said would allow smoking in small home-based child-care settings.

The legislation, which also would upend a stricter ban enacted in Philadelphia last year, passed 33-17, one day after the chamber took a broadly written bill and added a slew of exemptions that angered the coalition, Breathe Free Pennsylvania Coalition.

Smoking would be banned in most public places and work places, including arenas, stores, restaurants, convention halls and shopping malls.

Opponents of the bill included both sides: Those who said the smoking ban is too intrusive and those who said the ban is too weak because of the exemptions. Supporters said the bill is the strongest that could be achieved in the Senate, and that a broader ban was too big a step too soon.

"We don't have the votes today (for a stronger bill)," said Sen. Jake Corman, R-Centre. "So instead of doing what we want, we have to do what we can achieve."

Sen. Robert J. Mellow, the Democratic leader from Lackawanna County, voted for the bill, insisting during floor debate that it is plenty strong, and that going farther could cross the line.

"Sometimes we in government want to go too far, to infringe on the duties and rights of the people," Mellow said.

Sen. Mary Jo White, R-21st, opposed it, saying a government smoking ban in private businesses is heavy-handed and misguided in its effort to manage personal choices.

"I am wondering where we're going to stop," White said. "Business owners who believe that second-hand smoke is endangering their employees I think have the moral obligation to make their workplace smoke-free. They don't need the Legislature to tell them that."

Twenty-seven states have approved smoking bans, albeit some with exemptions, and Illinois is poised to become the 28th.

The Breathe Free Pennsylvania Coalition asked senators for a "no" vote, saying the newly added exemptions will leave too many people, including hospitality-sector employees, at risk of developing cancer, heart disease and lung ailments.

The coalition includes the American Cancer Society, American Heart Association, American Lung Association and the Campaign for Tobacco-Free Kids, as well as restaurant, hotel and medical professional groups.

At a news conference Tuesday, Rendell expressed dissatisfaction with the exemptions in the Senate bill, but said the only exemption that would trigger a certain veto is one for home-based day care settings where three or fewer children are watched.

"I would rather veto the bill and have no bill at all than have a bill that is so compromised," said Rendell, who has made a smoking ban a part of his effort to cut health care costs.

Details of a bill approved by the state Senate that would ban smoking in most buildings:Exemptions under the original Senate bill:• private homes• one-quarter of the rooms in lodging establishments• tobacco-related businesses such as wholesalers and retailersExemptions added by the Senate:• bars where food is one-fifth or less of gross sales• private clubs, including veterans clubs, fraternal clubs, country clubs and fire halls• one-quarter of the gambling floors at slots parlors• nursing homes and other adult-care centers• small home-based day care centers• cigar bars• charitable fundraisers where cigars are sold• tobacco conventionsPlaces where smoking is banned:• arenas• stores• restaurants• convention halls• shopping malls• health facilities• educational facilities• public transitSource: Senate Bill 246

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