Front-row seat for smoking debate
By MARK FRANKLIN
Mid-February. That’s when the state Legislature might be ready to vote on long anticipated smoking ban legislation, by state Rep. Ron Miller’s estimate.
Miller, R-Jacobus, has a front-row seat for the debate. He’s one of six lawmakers serving on a conference committee charged with hashing out a compromise proposal after the House and Senate passed different versions of a smoking ban last year.
Both bills would have banned smoking in most public places and workplaces. The Senate bill provided exceptions for portions of casinos, nursing homes, addiction treatment centers and bars where food makes up less than 20 percent of sales.
The House bill not only included fewer exceptions, it also allowed municipalities to adopt smoking bans stricter than state law. It was rejected in the Senate by a 36-13 margin.
Enter the conference committee. Once its members reach a consensus, the proposal will go directly to the House and Senate for a vote with no chance for amendments (aka further tinkering).
Miller says the committee is making progress and has vowed to meet weekly until it’s work is done.
You’ll recall Miller introduced his own piece of compromise legislation on the issue last year. That bill would have left the decision on whether to go smoke free up to the business owner.
Among the key provisions: Individuals under 18 would have been prohibited from entering an establishment that allowed smoking without a parent or legal guardian. The business would have to post signs at all entrances announcing that it permits smoking, and the signs would have to be visible from 15 feet away. And employees would be eligible for unemployment benefits if they opted to look for work elsewhere because of the decision to allow smoking.
Miller said Monday he thinks such a bill “could pass.” But he said he’s not pushing the proposal. He doesn’t think touting one’s own proposal should be the role of a member of the conference committee.
“I don’t particularly favor a total ban for everyone,” he said. “If we allow the free market to do this, we’ll wind up there anyway. When a place goes smoke free, it sees an increase in business. My gut feeling is that if we allow the market to do it, I think we’ll see 95 percent go smoke free almost immediately.”
Personally, I prefer Miller’s approach. Nudge restaurants and bars toward smoke-free status. Let consumers do the rest with their pocketbooks. The Roosevelt Tavern went smoke free at the start of the year, and is benefitting from increased business as a result, according to its general manager. If that’s the case, others will follow, though Miller’s 95 percent figure might be a bit optimistic.
Problem is, Miller’s nudge might pass muster in the House and Senate, but it’s not likely to secure the governor’s signature. Gov. Rendell threatened to veto the Senate proposal last summer because he considered it too lenient.
Stay tuned. If Miller’s correct, the smoking ban debate will soon jump back into the forefront in Harrisburg.