A Monroe County legislator aims to snuff out smoking, and the use of the increasingly popular electronic cigarettes, on restaurant decks, hotel rooms and other places that are now exceptions from the state's smoking laws.

State Rep. Mario Scavello, R-Monroe, recently introduced House Bill 1485, which he says would strengthen the Clean Indoor Air Act by eliminating the exceptions, and allowing local governments to create their own smoke-free ordinances.

Health ricks

The changes are aimed at saving lives, he said in a June press conference in Harrisburg.

"While one end of the cigarette, cigar and electronic cigarette is suicide, the other is murder. That's because the effects of secondhand smoke have proven dangerous to all who are surrounded by it," Scavello said.

"We shouldn't be requiring employees in casinos, bars and other industries to face health risks associated with secondhand smoke any longer; now is the time to adjust our current law," Sacvello said.

It's personal

The proposal has deep roots for Scavello.

"For me, it's personal," he explained. "My father and father-in-law died of cancer. Unfortunately, this year in Pennsylvania, there will be 11,000 new cases of lung cancer and 7,600 deaths from this disease. We shouldn't be requiring employees in casinos, bars and other industries to face health risks associated with second-hand smoke any longer."

The amendment would eliminate the exceptions to the state's Clean Indoor Air Act, which was enacted in September 2008 and which bars smoking in public places. The amendment would add to the list of public places bars with 20 percent or less revenue from food sales; casinos, up to half of the gaming floor; private social clubs; hotel rooms; tobacco shops and cigar bars; and truck stops with shower facilities.

The proposal also would prohibit smoking on the decks, patios or other outdoor service areas of bars or restaurants.

"In addition to creating confusion and making it difficult to implement the new law, these exceptions also create an unbalanced market for businesses. Many small businesses have been negatively impacted by the exceptions because some are not eligible for an exception where another very similar business is eligible and can allow smoking. In addition, these exceptions leave some individuals unprotected from secondhand smoke," Scavello wrote in a May 13 memorandum to House members.

Room for improvement

He believes the bill would be good for Pennsylvania.

"The Clean Indoor Air Act of 2008 was a landmark achievement for public health across Pennsylvania," he said. "However, like many laws, it was a compromise and has room for improvement. I am hopeful that my colleagues on both sides of the aisle will support and update this law to help protect the health of all Pennsylvanians and visitors of our Commonwealth. I'd like to begin discussions on the bill in the fall and hope to pass it early next year. It will likely be opposed by casinos, taverns and the tobacco industry."

Scavello's bill also includes the increasingly popular electronic cigarettes.

"While the e-cigarettes produce lower levels of toxins in the air for nonsmokers to breathe than the conventional cigarette, there are still elevated levels of toxins released, averaging around 20 percent of what the conventional cigarette puts into the air," he said. "While not as polluting as a conventional cigarette, the e-cigarettes are putting detectable levels of several significant carcinogens and toxins in the air. No one should have to breathe these chemicals, whether they come out of a conventional or e-cigarette."

Local control

The proposal would allow local communities to adopt their own smoke-free ordinances.

"The adoption of this legislation will provide Pennsylvania with a truly comprehensive smoking ban law. We would join 25 other states with comprehensive smokefree laws. This measure is supported by the American Lung Association, the American Heart Association, the American Cancer Society, and Smokefree Pennsylvania," Scavello wrote in the May 13 memorandum.

Co-sponsors

Scavello's bill, which has 14 co-sponsors, was referred to the House Human Services Committee, which has yet to act on it. The co-sponsors are state representatives Dan Frankel, D-Allegheney; RoseMarie Swanger, R-Lebanon; Dan Truitt, R-Chester; Mark B. Chen, D-Philadelphia; Maria P. Donatucci, D-Delaware-/Philadelphia; Michael H. Schlossberg, D-Lehigh; Paul I. Clymer, R-Bucks; Phyllis Mundy, D-Luzerne; Thomas P. Murt, R-Montgomery/Philadelphia; Stephen McCarter, D-Montgomery/Philadelphia; Mark Painter, D-Montgomery; Patty Kim, D-Dauphin; John T. Galloway, D-Bucks; and Mary Jo Daley, D-Bucks.