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SB 246, PN 1227: This bill would establish the Clean Indoor
Air Act and prohibit smoking in public places in Pennsylvania.
Sen. McIlhinney
offered amendment A2062, which was an omnibus amendment with the
following provisions:
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Defines and
exempts cigar bars as those that are connected to a tobacco shop;
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Defines and
exempts drinking establishments as those that have less than 20
percent of their combined gross sales as food;
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Defines gaming
floor and permits smoking on 25 percent of a casino’s gaming floor;
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Defines and
exempts private clubs;
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Exempts
long-term care facilities, mental health facilities, and drug and
alcohol facilities;
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Exempts certain
fundraisers and promotional events;
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Increases fines
for violations of the act;
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Pre-empts local
ordinances; and
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Requires the
state Department of Health to submit an annual report to the General
Assembly.
Sen. Corman offered
amendment A2184 to the McIlhinney amendment. The Senate agreed to the
amendment, which was technical.
Sen. Costa offered
amendment A2165 to the McIlhinney amendment. The Costa amendment would
have removed the exemptions for cigar bars, drinking establishments,
private clubs, and special events, while retaining the exemption for
casinos and requiring installation of special ventilation systems.
Sen. Connie Williams
spoke in support of the Costa amendment, saying that, while she
preferred a “clean bill” with no amendments, she would support this
language to ensure the people of Pennsylvania knew that the Senate was
working for them, not special interests. Sen. Orie spoke against the
Costa amendment, preferring that casinos not be exempted and noting that
there are 20 states that currently prohibit smoking in casinos,
including Delaware, which has seen growth in gaming revenues since a
smoking ban went into effect. Sen. Greenleaf also spoke against the
Costa amendment, claiming that no ventilation system can stop smoke from
permeating the air of a building where smoking is permitted.
A vote of 6-44 was
recorded on the Costa amendment, and it was defeated.
Sen. Connie Williams
offered amendment A2154 to the McIlhinney amendment. The Williams
amendment would have done much of what the Costa amendment intended, but
also would have eliminated the casino exemption.
A vote of 9-41 was
recorded on the Williams amendment, and it was defeated.
Sen. Wozniak offered
amendment A2155 to the McIlhinney amendment. The Wozniak amendment would
have created a 20 percent ceiling on food sales for private clubs, as
was proposed for drinking establishments, to create a level playing
field between the two entities.
A vote of 9-41 was
recorded on the Wozniak amendment, and it was defeated.
In discussing the
McIlhinney amendment (A2062, as amended), Sens. McIlhinney and Mellow
both noted that many establishments have already gone smoke-free
voluntarily. Sen. Corman stated his belief that, while he supported a
clean bill initially, the McIlhinney amendment was the best compromise
that he could expect to win passage. Sen. Anthony Williams rose to
oppose the legislative process and lack of transparency involved with
the crafting of the bill and amendment.
In his remarks on
the bill, Sen. Greenleaf noted that the state constitution provides that
the people of Pennsylvania have a right to clean air and that this bill
would bring that promise to fruition. Sen. Ferlo emphasized that a
comprehensive, statewide ban on smoking in public places would be better
than the current hodgepodge of local ordinances, which has been
contested in the courts.
A vote of 29-21 was
recorded on the McIlhinney amendment, and the bill went over as amended.
SB 455, PN 1225: This legislation would amend the Dental Law
to provide further for the State Board of Dentistry and for the public
health practice of dental hygienists. Sen. Vance offered amendment
A2126, which was technical in nature. The Senate agreed to the
amendment, and the bill went over as amended.
SB 466, PN 1226: This bill would amend the Pennsylvania
Construction Code Act to exempt temporary structures and pole barns at
agricultural fairs. Sen. Robbins offered amendment A1941, which requires
pole barns to undergo electrical inspections, but exempts temporary
structures from municipal inspections if the event sponsor’s safety or
emergency personnel conduct a safety check. The Senate agreed to the
amendment, and the bill went over as amended.
SB 961, PN 1168: This bill would amend the Local Tax Enabling
Act to permit Hazleton to petition for an increase to its earned income
tax rate. A vote of 49-0 was recorded.
HB 906, PN 2021: This bill would reauthorize the Volunteer
Fire Company and Volunteer Ambulance Service Grant program. A vote of
50-0 was recorded on concurrence in House amendments.
Executive Nominations
The Senate confirmed
the following nominees by a vote of 49-0:
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Rev. George R.
Gunn, Jr., Pennsylvania Council on Aging
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Anita M. Cassel,
State Board of Chiropractic
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Cynthia Potter,
P.T., State Board of Physical Therapy
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Charles J. Fox,
Pennsylvania Board of Probation and Parole
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Lloyd A. White,
Pennsylvania Board of Probation and Parole
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Judith E.
Viglione, Pennsylvania Board of Probation and Parole
- Carol L.
Lavery, Victim Advocate
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