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The smoking ruse
 
July 22, 2007
 
Are any Pennsylvanians going to die because the state Senate did not pass the House bill that would ban smoking in public facilities?
 
Only those who expire of frustration. But the tobacco troopers will be back in the fall. “We have an obligation to protect the public’s health,” says Rep. Phyllis Mundy, D-Luzerne.
 
Yet, Professor Thomas A. Lambert at the University of Missouri-Columbia School of Law writes in Regulation magazine that a valid case for regulation based on the “health risks” of secondhand smoke indoors cannot be made.
 
In 1975, The New England Journal of Medicine published a study concluding that one would have to be in a smoke-filled room for 4,000 hours to inhale the smoke of a single cigarette.
 
In 2003, the British Journal of Medicine reported a study of 35,000 people who never smoked but were married to smokers. It showed no evidence of increased “tobacco-related mortality” during the 39-year term of the study.
 
We think markets governed by free people can manage this issue.
 
No one offended by secondhand smoke need patronize or work where smoking is permitted; businesses have and can still make judgments about allowing, limiting or prohibiting smoking based on the effects on profits and the ability to attract competent workers.
 
The folks nagging us about secondhand smoke should take a deep breath and relax. They’ll live longer.


The Senate’s rejection of the House bill leaves the issue hanging
July 17, 2007
BY JAN MURPHY, Of The Patriot-News
The state House last night made it clear they want a mostly smoke-free Pennsylvania.

Minutes later, the Senate rejected a House version of a statewide indoor smoking ban, making clear that its vision of a Clean Indoor Air Act was different.
The Senate’s action means a House-Senate conference committee will be created to hash out the differences when the Legislature reconvenes in September.
Sen. Stewart Greenleaf, R-Montgomery County, said the development could delay the implementation of a smoking ban for months. Gov. Ed Rendell has insisted on a smoking ban as the centerpiece of his health reform package that is an ancillary part of the budget deal
Greenleaf, who has championed the smoking-ban legislation for a decade, hailed the House-passed bill as an “improved” version of the measure that left the Senate last month.
“The House overwhelmingly chose to have a more restrictive, healthy, worker-friendly legislation than we had passed,” he said.
The House, which passed its bill by a bipartisan 141-62 vote, backed a smoking ban that would order most indoor public places, including casinos, restaurants and taverns, to go smoke-free 90 days after the bill becomes law.
It exempted private homes, private clubs such as American Legions and sportsmen’s clubs, tobacco-related businesses and a quarter of the rooms in hotels. It also would allow smoking in private residences within nursing homes or assisted-living facilities and at cigar exhibitions.
Municipalities could enact stricter smoking bans. And the bill ordered county health department or, in absence of one, another county department to serve as the smoking police.
The Senate rejected this version by a 13-36 vote.

  

SMOKING BAN: The Senate’s rejection of the House bill leaves the …
Patriot-News – Harrisburg,PA,USA
Minutes later, the Senate rejected a House version of a statewide indoor smoking ban, making clear that its vision of a Clean Indoor Air Act was different. …
Pa. House approves a statewide smoking ban
Philadelphia Inquirer – Philadelphia,PA,USA
By Alex Roarty HARRISBURG – The Pennsylvania House agreed Monday night on a statewide smoking ban that would include most public venues, …
Area establishments mixed on Legislature’s smoking ban
Altoona Mirror – Altoona,PA,USA
By Kristy MacKaben, For the Mirror The proposed statewide smoking ban, which the state House passed Monday night, is causing mixed reactions among local …
Smoking ban consideration postponed in Pa. House
Newsday – Long Island,NY,USA
The state House of Representatives continued to debate how strict to make a proposed statewide smoking ban on Saturday, but made little progress before …
State Smoking Ban Sits In Limbo
WJACtv.com – Johnstown,PA,USA
The state House of Representatives has decided to put off further debate on the proposed smoking ban until Sunday afternoon at the earliest. …
Lawmakers Debate State-Wide Smoking Ban
KDKA – Pittsburg,PA,USA
It also would have banned smoking in any private home used as a child-care facility, and allowed Philadelphia to keep its more stringent smoking ban in …
Smoking ban exemptions cut
Scranton Times-Tribune – PA, USA
Todd Eachus, D-Butler Township, was defeated 113-82 as the House continued debate on the smoking ban. The debate is set to resume today. …
House tweaks, then puts off smoking ban
Patriot-News – Harrisburg,PA,USA
BY JAN MURPHY Legislation to impose a statewide indoor smoking ban stalled again yesterday to allow legislative leaders to focus on finalizing the state’s …
Pa. House to vote Sunday on smoking ban
Pittsburgh Tribune-Review – Pittsburgh,PA,USA
By Alex Roarty HARRISBURG — After a lengthy debate spanning several days, the House will likely vote Sunday on a statewide smoking ban. …
Smoking ban talk ends for the day
Patriot-News – Harrisburg,PA,USA
The House of Representatives has voted to postpone further debate on the statewide smoking ban until tomorrow. But lawmakers continue assembling a state …
Smoking ban backers change course in House
Pittsburgh Post Gazette – Pittsburgh,PA,USA
But yesterday, House members decided to shift their attention to Senate Bill 246, a weaker smoking ban that the Senate approved 10 days ago. …
House tables bill on smoking ban
Scranton Times-Tribune – PA, USA
BY ROBERT SWIFT HARRISBURG — A House vote on smoking-ban legislation was postponed Saturday while Democratic lawmakers tried to resolve differences over …
State house to take up Senate smoking ban bill
Pittsburgh Tribune-Review – Pittsburgh,PA,USA
By Alex Roarty Smoking-ban advocates in the state House may abandon their version of a bill that would ban smoking in public places in favor of one already …
More debate scheduled today on smoking ban
Towanda Daily Review – Towanda,PA,USA
BY ROBERT SWIFT HARRISBURG — The House began debate Friday on smoking ban legislation and a key amendment that allows tavern and bar owners to decide if …


Pennsylvania Senate Passes Smoking Ban
June 29, 2007 | By: J.J. Jackson

Liberty, we barely knew ya. Right now it appears as though it is a race to see who can be more liberal:
    (KDKA) HARRISBURG Governor Ed Rendell is taking exception to some exemptions in a statewide smoking ban bill.
    A coalition of health associations also pulled its support for the legislation today.
    The bill would ban indoor smoking in Pennsylvania, but new changes would exempt private clubs, bars and casinos.
    The governor is also upset about a new measure that would allow smoking in small, home-based child-care settings.
The article also notes that Oregon has added itself to the list of states joining this new temperance movement under the auspices that smoking is bad for you. Which begs the question as to why is it still legal to sell and buy tobacco in states that have passed these bans?
Don’t ask them to be consistent. Their pursuit of power is all that drives them.
The Marc Levy of the Associated Press in Houston Chronicle had this to say:
    Smoking would be banned in most public places and work places, including arenas, stores, restaurants, convention halls and shopping malls.
Huh? I was unaware Mr. Levy that restaurants and shopping malls were “public places”. Last time I looked MOST of them were PRIVATELY owned! Poor reporting Mr. Levy. Poor Reporting. Your ideology is showing.
Mr. Levy also reports:
    However, Sen. Jim Ferlo, D-Allegheny, voted against it, saying the Senate had a duty to stand up for hospitality-sector workers and children who cannot protect themselves from second-hand smoke.
    “We had a chance to help those who can’t help themselves,” Ferlo said.
Another big old “huh?”. Listen, I know you demoratards think everyone is helpless, but the people really do not need your help. No one is being forced to go to work in a place that allows smoking. They can work somewhere else and “protect” themselves. Unless they are your typical liberal Democrat voter that is.
At least one Senator got it right. And low and behold she is a Republican too. Huh. Go figure!
    Sen. Mary Jo White, R-Venango, also 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 work place smoke-free. They don’t need the Legislature to tell them that.”
With 27 states now having smoking bans (according to Mr. Levy … I haven’t checked that but we’ll trust him) we’re only a couple states away from the two thirds majority that would be required for a Constitutional Amendment to pass that would ban smoking. We’re not that far from another failed prohibition that is going to end with the government looking like a fool yet again.


Smoking Ban

6/28/2007 – Dear Editor: I wasn’t in the other day when the newspaper called, soliciting opinions on the proposed smoking ban, but as anyone who knows me will tell you, on this, as well as just about anything else in the world, I have an opinion.
I’m against the ban, and here’s why:
This has become not so much a “smoking issue” but a “health in the workplace” issue. I have never sought employment in a coal mine or constructing skyscrapers or in the military because all are dangerous occupations. Despite the advances and efforts to make them safer, the health risks are not only extreme but they are inherent and obvious. I’m not willing to take the risk. Fortunately for all of us there are plenty of people who are and god bless each and every one of them. It should then be reasonable to assume that requiring only a level of common sense that presumably one would have attained by the first grade (i.e.- fire burns- do not insert fingers), for one to be able to determine that if one deems an establishment to be a health risk because of the smoking policy, one should probably not seek employment/ entertainment in said establishment. Seriously folks, we’re not splitting atoms here.
Have we really become so midless as a society that we need yet another government decree to make such a childishly simple choice for us. Speaking at least for myself, I think not.
Smoking or non smoking, whatever one’s choice, I’m all for it but it should reman exactly that- a choice. A choice for one and for all. Including both patrons and business operators. One point that seemingly gets lost in this debate is the simple fact that smoking is a legal activity that one chooses to engage in (or not). The trend involving the ability of local, state and federal governments to decide where and when it is legal to engage in legal activities has become startlingly alarming. What’s next, am I to be fined for serving fish on Thursdays instead of Fridays because it’s an inconvenience to certain group (don’t laugh, remember the pledge of allegiance?) Must all places be the same? One of the great things about going out to be entertained or to look for a job, is having a variety from which to choose. And that should include smoking or non smoking.
In closing, I think it would be safe to say that those of us, such as purveyors, delivery people, dishwashers, wait staff, bartenders, mgrs, etc., that depend on the restaurant/bar business for our livelihoods, would not be nearly as concerned if after all was said and done, we were simply permitted to vote ourselves a pay raise.
Sincerely,
LaMonte Culbertson
Snuffy’s Cafe and Lounge


Pennsylvania State Senate Approves Smoking Ban
WETM-TV – Elmira,NY,USA
Harrisburg – Many anti-smoking groups are opposing a plan to ban indoor smoking in Pennsylvania. That plan passed through the Pennsylvania State Senate …

Pa. Senate Passes Smoking Ban Bill
Houston Chronicle – United States
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. …
Proposed Law May Weaken Philly Smoking Ban
CBS 3 – Philadelphia,PA,USA
But state legislators are debating a more lenient smoking ban for many public places and work spaces. It would allow smoking in small bars, private clubs …

Pa. Senate burns holes in smoking ban bill for bars, casinos
MARC LEVY

June 25, 2007
HARRISBURG, Pa. – Senators carved loopholes into legislation Monday to ban smoking in many public and work places in Pennsylvania, inserting partial or complete exemptions for slot-machine parlors, private clubs, bars and cigar bars.
A single amendment creating the exemptions passed, 29-21, setting up the newly changed bill for a final vote as early as Tuesday. A similar bill was scheduled for debate in the House later Monday.
Two hours of debate on the bill revolved around protecting public health versus preserving individual liberties, although opponents of the exemptions took most of the time to lambaste them as watering down legislation for the public good.
The amendment also would upend the ban put in place last year in Philadelphia , which banned smoking in casinos, restaurants and most bars , and outlaw other local governments from enforcing a smoking ban.
Sen. Stewart Greenleaf, R-Montgomery, who sponsored the original bill and has worked for a decade to pass such a ban, pitched the bill as a way to protect hospitality-sector workers who are exposed to smoke on the job and have far higher cancer rates.
“So we’re basically saying we’re throwing those people away healthwise,” he said.
Sen. Jim Ferlo, D-Allegheny, called the exemptions “disgusting gobbledygook,” and Sen. Anthony Williams, D-Philadelphia, said the changes were like “a pig in lipstick” being billed as a beauty queen.
“There’s nothing that we’re banning here,” Williams said.
Sen. Charles McIlhinney, R-Bucks, who wrote the amendment, said a broadly worded smoking ban did not have the votes to pass the Senate, and insisted that individual liberties deserved a place in the debate.
“This is not to be taken lightly, we are stripping away individual public liberties here,” McIlhinney said.
He said the exemption would apply to just a few thousand out of a million-plus publicly accessible buildings. However, Greenleaf said most of those buildings still in the ban were already smoke-free, and Ferlo challenged the liberties argument, saying the right to smoke is not being taken away.
Twenty-seven states have approved smoking bans, albeit some with exemptions, and Illinois is poised to become the 28th.
Gov. Ed Rendell has made an indoor smoking ban a part of his broader plan to cut health care costs, breathing life into an issue that has had little traction in the Legislature.
The bill would ban smoking in arenas, stores, restaurants, convention halls, shopping malls and more, but would exempt private homes, one-quarter of the rooms in a lodging establishment and tobacco-related businesses, like wholesalers and retailers.
The changes added exemptions for cigar bars, private clubs, bars where food is one-fifth or less of its gross sales, charitable fundraisers where cigars are sold and one quarter of the gambling floors at slots parlors.
The private-club exemption, echoing language in state liquor law, would apparently extend to veterans’ clubs, such as the American Legion and Veterans of Foreign Wars posts; Elks and Moose lodges; volunteer fire and rescue halls; political clubs; and country clubs.
Greenleaf said he worried that some establishments, seeking to avoid the ban, would find creative ways to fit into the exemptions.
Sen. John Wozniak, D-Cambria, tried unsuccessfully to tighten the exemption for private clubs, saying many are nothing more than “drinking holes” that should be held to the same food-to-drink sales threshold as the exemption for bars.

20 amendments await smoking ban
Pittsburgh Post Gazette – Pittsburgh,PA,USA
Advocates of a workplace smoking ban say tobacco smoke is a known carcinogen that increases the risk of cancer even in nonsmokers by subjecting them to …
Mayors back smoke ban, differ on details
Scranton Times-Tribune – PA, USA
BY STACY BROWN While the state House and Senate continue to mull a statewide smoking ban, municipal mayors mostly support the idea. …
Tough call for Pa. legislators: Slots revenue vs. smoking ban
Philadelphia Daily News – Philadelphia,PA,USA
None of the five parlors has come out to support a smoking ban, and most are said by legislators to be lobbying for an exemption from bills that, …
Gabig seeks input on smoking ban
Carlisle Sentinel – Carlisle,PA,USA
“That is especially important on issues like the proposed smoking ban, which have generated so much controversy among so many people in our state. …
Smoking ban to be hotly debated by Senate
Wilkes Barre Citizen’s Voice – Wilkes Barre,PA,USA
BY ROBERT SWIFT HARRISBURG — An upcoming Senate debate on a statewide smoking ban will consider how far government should go in dictating health rules for …
Local taverns concerned about smoking ban
Pottstown Mercury – Pottstown,PA,USA
The Pennsylvania Restaurant Association supports the broadest possible smoking ban to protect the health of employees who work all day in smoke-filled bars …
Senate Puts Off Smoking Ban Bill Amid Disagreements
Pittsburgh Channel.com – Pittsburgh,PA,USA
The smoking-ban bill has advanced further than any other legislation of its kind in Pennsylvania. Twenty-seven other states have approved a ban of some sort …

Senate puts off smoking ban bill amid disagreements
June 19, 2007

HARRISBURG, Pa. –The state Senate delayed consideration of a broad ban on smoking in public and nearly every workplace until next week after Republicans were unable to agree on a set of exemptions, a top GOP senator said Monday.
Republicans, who control the Senate 29-21, have worked behind closed doors to secure majority support for a single amendment that would create multiple exemptions in the smoking ban legislation.
As currently drafted, that legislation would ban smoking in just about every public space and workplace in Pennsylvania, including casinos, restaurants, bars, sports arenas and private clubs. Senators have been pressed by owners of casinos, clubs and bars for exemptions.
But Republicans have been unable to achieve broad support for any of the exemptions, said Sen. Joe Scarnati, R-Jefferson, the chamber’s president pro tempore.
The smoking-ban bill has advanced farther than any other legislation of its kind in Pennsylvania. Twenty-seven other states have approved a ban of some sort.
Any bill must also pass the House, where several similar bills have been introduced. Gov. Ed Rendell has said he supports the broadest ban.

Propietors weigh smoking ban
The Express Times – Easton,PA,USA
Also, customers who frequent Begley’s to avoid the year-old smoking ban in New Jersey would lose their incentive to cross the Delaware River if a no-smoking …
Smoking ban, and exemptions, to be tested in Pa. Senate
York Dispatch – York,PA,USA
MARC LEVY AP HARRISBURG — The first major test for a broad smoking ban in Pennsylvania could come next week, when senators will have to decide whether the …
Smoking ban debate heats up in state Senate
Pocono Record – Stroudsburg,PA,USA
HARRISBURG (AP) — The first major test for a broad smoking ban in Pennsylvania could come next week, when senators will have to decide whether the state’s …
Smoking ban OK’d by committee, now negotiations begin
Wilkes Barre Citizen’s Voice – Wilkes Barre,PA,USA
BY ROBERT SWIFT HARRISBURG — A Senate committee approved a statewide smoking ban bill Monday, but the vote is just a prelude to intense negotiations to …
Indoor smoking ban bill advances, but faces fight in Pa. Senate
Pittsburgh Tribune-Review – Pittsburgh,PA,USA
Stewart Greenleaf, R-Montgomery, has tried for more than a decade to get such a smoking ban through the Legislature, and said attempts to carve out …
Editorial | Indoor Smoking Bans
Philadelphia Inquirer – Philadelphia,PA,USA
As if you couldn’t guess, officials at the nation’s largest cigarette company – Philip Morris USA – are against indoor smoking bans. Well, duh. …
Smoking ban compromise needed
Standard Speaker – Hazleton,PA,USA
First, there is Pennsylvania Commonwealth Court, which recently struck down a public smoking ban in Allegheny County. Then there is state Sen. …

Smoking ban is overdue
York Dispatch – York,PA,USA
But now it’s time to get past all the mumbling and worry about whose ox will be gored and pass a smoking ban. It was last year when the Pennsylvania …

GIVE ‘EM A CIGAR

June 14, 2007
BY PAT CARROLL
The 213th Area Support Group of the Pennsylvania National Guard will be smokin’ this Father’s Day. 
They’re about to leave for Iraq, and they’ll take along a care package from an old Army buddy: several thousand dollars’ worth of premium cigars. 
Maj. Robert DeSousa is expecting temperatures of 100 to 115 degrees in Iraq, but that doesn’t dull the joy of an occasional Romeo Y Julieta. 
“The only vice we are allowed is to smoke a cigar,” he told retired Army Col. Alfred W. Baker, who owns RAE’s Tobacco in Strawberry Square. 
So Baker and his assistant Bob Young picked out and packed up a big boxful. 
“These are our boys, Pennsylvanians, going into harm’s way,” Baker said. “If they would like to have a cigar when they get there, we will see that it gets done. We will keep this up as long as we can. I am here to show that we love our soldiers irrespective of how we feel about the war.” 
Baker, in the Army from Vietnam to the fall of the Berlin Wall, closed out his career as the last chief of staff for the U.S. Command in Berlin. 
“Experience has shown me that it means a lot to soldiers to think that other people, not just your family, are thinking about you.” 
DeSousa, whose civilian job is CEO of the Vartan Group, is a staff judge advocate in Col. Brian Leonhard’s unit.

 
 

Bill offers smoking ban compromise

06/05/2007
By RICHARD FELLINGER Evening Sun Harrisburg Bureau
With lawmakers haggling over whether to ban public smoking, an area lawmaker has offered a new bill that he calls a compromise intended to cut through the political haze.
Rep. Ron Miller, R-Jacobus, sponsored the bill that would ban smoking in most public places unless signs are posted indicating that smoking is permitted. The signs would have to be posted at each entrance, and children under 18 would not be allowed inside unless accompanied by a parent or guardian.
Businesses that would face a tough decision to allow smoking include restaurants, taverns, and casinos. Many clubs and bingo halls would face the same decision.
The bill is backed by Rep. Dan Moul, R-Adams, and House Majority Leader Bill DeWeese, D-Greene, both of whom signed on as co-sponsors.
Miller argued that his bill allows business owners to permit smoking if there’s a market for it, while at the same time allowing non-smokers to decide where to eat and drink.
“What we’re doing is giving people a choice and trying to protect kids,” Miller said.
Efforts to prohibit public smoking date back a decade in Pennsylvania, but the issue has attracted more attention lately as other states enact bans.
Last month, Maryland joined 18 other states and the District of Columbia in adopting a public smoking ban.
Gov. Ed Rendell has also proposed a smoking ban in workplaces, restaurants and bars as part of a sweeping health-care reform package that he wants the Legislature to approve.
Moul said he’s a non-smoker who likes Miller’s plan better than a total ban.
“I don’t want to put the local pub out of business,” Moul said.
Miller’s bill drew a mixed reaction Monday from advocates on both sides of the smoking issue.
Tavern owners, who have fought efforts to completely ban public smoking, said it’s a fair way to settle the issue, while a leading anti-smoking advocate sharply criticized it.
Bill Godshall, founder of SmokeFree PA, said Miller is proposing “a phony ban” because workers in smoking businesses would still be exposed to second-hand smoke.
“It’s cigarette-industry protection legislation,” Godshall said.
Miller noted that his bill would give employees 90 days to decide to leave and collect unemployment compensation if their employer decides to post signs and allow smoking.
The Pennsylvania Tavern Association thinks Miller’s plan is “a great idea,” executive director Amy Christie said.
“Cigarette smoking is an adult thing,” Christie said. “It is also legal and highly taxed by our state. We know the market will take care of itself.”
Dave Shultz, president of the York County Restaurant and Tavern Association, predicted that most area bars would be willing post signs to remain smoking businesses.
“Let (customers) make the choice if they want to come in,” said Shultz, who also owns Tailgaters Grille & Drafthouse in York Township.
Rendell remains committed to a complete ban on smoking, spokesman Doug Rohanna said.
Asked if the governor would consider backing Miller’s plan, Rohanna replied, “We’d have to review it, but the governor supports comprehensive clean-air legislation.”
ABOUT THE BILL:
Would ban smoking in most public places
Would allow exceptions for businesses that post signs notifying customers they can smoke
Minors would not allowed in smoking businesses without parent or guardian
Fines smokers $100 for first violation and $200 for second violation


Enhancing Pleasure of Experiences
The research is important in showing that the pleasure of smoking goes beyond nicotine’s effects in the brain. It also enhances the pleasure smokers derive from their surroundings.


House rule means complete ban on smoking inside Capitol
Mar. 19, 2007
HARRISBURG — The last refuge for smokers inside the century-old Pennsylvania Capitol — areas controlled by the House of Representatives — vanished Monday as a new rule took effect.
The smoking ban was part of an omnibus package of changes in the way the House operates. Members approved the package last week despite an unsuccessful effort by House Minority Leader Sam Smith, a cigar smoker, to amend it to allow House leaders to designate smoking areas.
“I’m very willing to quit smoking back there,” said Rep. Bob Belfanti, gesturing to the members’ lounge at the rear of the House where smokers had retreated since smoking was banned from the House floor in 1979.
“But certainly in the privacy of our own offices while we’re at ease for hours and hours. … That’s just unfair, and it has nothing to do with reform,” said the Northumberland County Democrat.
The Senate adopted a smoke-free policy that included members’ offices in 1992, according to Chief Clerk Russ Faber. In 1997, the Department of General Services banned smoking in most other public areas, including the Rotunda, public meeting rooms, hallways and stairwells.
Rep. Ron Buxton, a cigarette smoker who has been trying to kick the habit, said the new rule would be an extra incentive.
“In the long run, it may be something that benefits me,” the Dauphin County Democrat said.
Read

Pennsylvania Public Smoking Ban Likely
March 20, 2007
STATE COLLEGE, Pa. — Pennsylvania is expected to join the 17 other states who have authorized smoke-free policies in public places.
State Health Secretary Calvin Johnson said it remains a priority to get the pending legislation approved, stating a major concern is people being exposed to second-hand smoke.
Monday night, State College borough council members voiced their support for the statewide ban on smoking in public areas and some council members discussed moving forward with their own smoking policies.
State College would follow the several other Pennsylvania communities that have created separate policies while waiting for the state to act.
A senate committee has approved the statewide proposal, but questions still remain as to why this should even be an issue for legislatures.


Nonprofit Connects Murtha, Lobbyists
Ties to Pa. Group Mutually Beneficial
December 25, 2006
By Jonathan Weisman
For a quarter of a century, Carmen Scialabba labored for Rep. John P. Murtha (D-Pa.), helping parcel out the billions of dollars that came through the House Appropriations Committee, so when the disabled aide needed a favor, Murtha was there.
In 2001, Murtha announced the creation of Scialabba’s nonprofit agency for the disabled in Johnstown, Pa. The next year, with Scialabba still on his staff, Murtha secured a half-million dollars for the group, the Pennsylvania Association for Individuals With Disabilities (PAID), and put another $150,000 in the pipeline for 2003, according to appropriations committee records and former committee aides. Since then, the group has helped hundreds of disabled people find work.
But the group serves another function as well. PAID has become a gathering point for defense contractors and lobbyists with business before Murtha’s defense appropriations subcommittee, and for Pennsylvania businesses and universities that have thrived on federal money obtained by Murtha.
Lobbyists and corporate officials serve as directors on the nonprofit group’s board, where they help raise money and find jobs for Johnstown’s disabled workers. Some of those lobbyists have served as intermediaries between the defense contractors and businessmen on the board, and Murtha and his aides.
That arrangement over the years has yielded millions of dollars in federal support for the contractors, businesses and universities, and hundreds of thousands in consulting and lobbying fees to Murtha’s favored lobbying shops, according to Federal Election Commission records and lobbying disclosure forms. In turn, many of PAID’s directors have kept Murtha’s campaigns flush with cash.
When the Democrats take control of Congress on Jan. 4, ethics and budget restructuring will be the first orders of business. Among the provisions in the Democrats’ ethics package are demands for more transparency in the doling out of federal funds to home-district projects and a required pledge that no earmarks benefit a member of Congress personally. That could put an uncomfortable spotlight on lawmakers such as Murtha.
“It’s a real tangled web between the congressman, the nonprofit, the defense contractors and the lobbyists,” said Steve Ellis, vice president of Taxpayers for Common Sense, a nonpartisan watchdog group. “It’s hard to say where one stops and the others start.”
Murtha declined to respond to numerous phone calls and e-mails from The Washington Post requesting comment.
Scialabba, a former Marine whose young boxing career was cut short by polio and who relies on a wheelchair, said PAID’s efforts to put a chronically underemployed population to work have rendered it above reproach. The group has provided information, training and resources to encourage businesses to hire disabled workers.
“Everyone’s trying to make this a political thing, and it makes me very mad,” Scialabba said last week in a brief interview, defending the collaborations. “Would you rather have tax dollars spent on some [disabled] guy sitting at home? We’re not looking for handouts, damn it.”
But to some watchdogs, including Taxpayers for Common Sense, Democracy 21 and Citizens for Responsibility and Ethics in Washington, PAID looks a lot like the cozy nexus between lawmakers, lobbyists and business interests that Democrats railed against in the midterm campaigns.
Its board of directors includes Scialabba and five government contractors who have received millions of federal dollars through appropriations measures obtained by Murtha. Its advisory council includes three lobbyists from KSA Consulting, which employs Scialabba and employed Murtha’s brother, Kit. Its honorary board members include still more defense contractors.
In turn, the lobbyists and businesses associated with PAID have become supporters of Murtha’s campaigns, contributing a total of nearly $125,000 in the past three election cycles, when Murtha raised a total of $7.2 million, according to campaign records. And those same players have spent hundreds of thousands of dollars at three lobbying shops with close Murtha ties: the PMA Group, Scialabba’s KSA Consulting and Ervin Technical Associates.
In the past year, Murtha, a Marine combat veteran and defense hawk, has gained national prominence as the leader of the Democratic charge to pull U.S. troops from Iraq. After the Democrats won control of Congress in November, he made an unsuccessful bid to become House majority leader, with strong backing from House Speaker-elect Nancy Pelosi (D-Calif.) The main source of his power is his perch as the top Democrat on the defense appropriations subcommittee, which controls nearly a half-trillion federal dollars a year. His largess to his friends and hardscrabble district is legendary. But now that he is assuming the chairmanship of the defense subcommittee, his actions are coming under new scrutiny.
Under Murtha’s watch, for instance, Windber Medical Center has been transformed from a struggling hospital outside of Johnstown into a burgeoning cancer research center, thriving on Defense Department funding. Hospital officials have paid the PMA Group some $380,000 in lobbying fees since signing on in 2001. And hospital employees have financed Murtha’s political campaigns to the tune of nearly $25,000.
“It sounds like DeLay Inc.,” said Melanie Sloan, executive director of the Democratic-leaning Citizens for Responsibility and Ethics in Washington, referring to former House Majority Leader Tom DeLay (R-Tex.), who set up his own charities that became the focus of attention by businesses and lobbyists seeking to curry favor with him.
But Murtha has his defenders. “Jack Murtha is supportive of everything you can think of around here, from roads and sewers to defense contractors,” said Bill Kuchera, chief executive of Kuchera Industries of Windber, Pa., and a PAID director. “But without Jack Murtha, there’d still be a Kuchera. We don’t lean on Jack Murtha at all.”
Murtha repeatedly intervened on behalf of PAID to help Kuchera expand.
After PAID’s founding, Scialabba approached Kuchera to get involved. Kuchera jumped, not only joining the group’s board but ramping up hiring of disabled workers, who now compose a third of the 200 employees in his company’s defense business. The federal government picked up Kuchera’s $7 million training bill. This year, Murtha earmarked $1.3 million for Kuchera’s chemical and biological weapons detection research.
Kuchera employees donated more than $31,000 to Murtha in the past three election campaigns, according to federal election records. Between 1990 and 2000, contributions totaled $1,000. And congressional lobbying disclosure forms tally $140,000 in payments since 2001 from Kuchera to Ervin Technical Associates, whose chairman is former representative Joseph M. McDade (R-Pa.), a close Murtha ally.
The Kuchera experience is not unique. Ed Washington, another PAID director, hails from MTS Technologies, an Arlington defense contractor that recently secured $8.9 million in federal funds to expand its Johnstown facility. MTS’s lobbyist, the PMA Group, has disclosed some $300,000 in fees from the company since 1998. And PMA has returned the favor: Since 1989, the firm’s employees have given Murtha $107,500.
Daniel DeVos, an honorary PAID board member, represents Concurrent Technologies, whose employees have lavished Murtha with more than $53,000 in campaign contributions and PMA with $820,000 in fees. That may sound steep, but the rewards have been substantial: a $150 million contract to operate the Navy Metalworking Center; a $4 million contract from the Army to evaluate fuel-cell systems; and $1.7 million for a weapons of mass destruction response laboratory, among others.
Another PAID director, Jim Estep, is a central figure in an investigation of Rep. Alan B. Mollohan (D-W.Va.), a Murtha ally and fellow member of the Appropriations Committee. Estep heads the West Virginia High-Technology Consortium Foundation and the Institute for Scientific Research, two nonprofit organizations that Mollohan helped set up and has plied with federal funds


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