The Herald, Sharon, PA Published Thursday, May 9, 2002

HARRISBURG

House bill overrides local laws on tobacco

By Robert B. Swift
Ottaway News Service

HARRISBURG -- Addressing the contentious issue of teen smoking, House lawmakers Wednesday passed a bill to fine youths for tobacco possession and take away the authority of local officials to pass anti-tobacco ordinances in the future.

The debate over the bill took place against a backdrop of concern that Pennsylvania will be hit with federal financial penalties because it has failed to reduce the rate of tobacco sales to minors under age 18 significantly enough. The crux of the debate is over whether state officials or local officials, retailers or the youths themselves should bear the brunt of responsibility to further reduce tobacco sales to minors. Lawmakers cast votes on an issue that speaks to parental concerns with an eye to their own political futures. A number of incumbents face challengers in the May 21 primary.

Youths younger than age 18 would face fines of $250 for possessing tobacco under the bill which goes to the Senate. Current state law does not prohibit youths from possessing tobacco except on school property.

But the real back-and-forth in the House debate took place over the issue of preempting local ordinances.

The House voted 105-83 in favor of an amendment sponsored by Rep. Rod Wilt, Sugar Grove Township, R-17th District, to remove the authority of local officials to pass tobacco ordinances, require retailers to keep cigarette vending machines out of areas accessible by minors and put enforcement primarily in the hands of state officials.

Wilt told lawmakers that he supports local control on such matters as schools and land use, but added that having a single state enforcement standard is better for issues involving tobacco, liquor and firearms.

In a contradictory move, the House voted 136 to 48 for an amendment to grandfather existing local anti-tobacco ordinances, including one in Allegheny County that imposes stiff fines on retailers that sell to minors.

About 10 local anti-tobacco ordinances have been adopted over the years in the Philadelphia and Pittsburgh areas and Lehigh Valley. A number of these ordinances deal mainly with placement of vending machines and warning signs.

Having the two conflicting amendments almost guarantees the bill will come in for major revision as it moves along the legislative pipeline. At the same time, the amendments provide political cover to lawmakers if they are challenged on their votes on the legislation.

Rep. Merle Phillips, R-Northumberland, said of the 1.3 million youth in Pennsylvania between the ages of 10 and 17 only 300,000, or 25 percent, live in communities with local anti-tobacco ordinances.

Phillips had sponsored an earlier bill to preempt local ordinances. He says retailers prefer statewide standards because it makes the job of training employees to respond to underage buyers easier.

But Rep. Babette Josephs, D-Philadelphia, said preempting tough local ordinances will only end up benefiting the tobacco industry and increasing tobacco sales to minors.

"Pennsylvania has been one of the most ineffective states in the nation at curtailing tobacco use by minors and curbing sales of tobacco products to minors," said Josephs. "More than a third of our high school students smoke."



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