February 13, 2008 12:25 am
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The Associated Press
TOPEKA, Kan. — Supporters of banning smoking in restaurants, bars, casinos and most other public places got a quick lesson Tuesday in practical politics when they urged the Senate Judiciary Committee to rewrite the bill.
They didn’t like a provision of an anti-smoking bill mandating a Nov. 4 vote in each county on whether residents want to be part of the statewide ban. In counties that opt out, municipal governments still could enact their own smoking bans.
“We can expect millions of dollars in expenditures by the tobacco industry to defeat the initiative county by county,” said Terri Roberts, Kansas State Nurses Association executive director.
Mary Jane Hellebust, director of the Tobacco Free Kansas Coalition, said in written testimony that the move was unusual. “Statutes usually passed by the Kansas Legislature do not ask local constituents to ratify matters affecting the public health,” she said.
Leon Vinci, Johnson County public health director, suggested alternatives, such as having the ban become effective statewide when 50 percent of the state’s population votes to approve it.
But Sen. David Wysong, the lead sponsor, said the provision was included out of political necessity.
“We wouldn’t get it out of committee without the county vote,” the Mission Hills Republican said.
He sponsored a smoking ban bill last year that was amended to give counties the option to vote, and many supporters wanting a stronger bill balked. Senate leaders shelved the bill because its passage was doubtful.
Thirty-one states have some type of statewide smoking ban. The National Conference of State Legislatures says 22 states require all public places to be smoke free; an additional six require workplaces and restaurants to be smoke free but exempt bars. Three exempt from their ban restaurants and bars whose customers must be at least age 18 or 21.
Dr. Howard Rodenberg, former state Division of Health director, said a survey last year showed more than 70 percent of Kansans favor clean indoor air laws.
“By placing the issue in the hands of the voters, legislators can demonstrate that they are responsive to the will of the people,” Rodenberg said. “No doubt, come November, there will be significant opposition to this act, and we can expect an orchestrated campaign to kill it.”
Committee Chairman John Vratil said the panel will hear from opponents Wednesday and will debate the bill and vote on it next week. The Leawood Republican said he believes there are enough votes to send the measure to the Senate.
Tim Shallenburger, a former House speaker and lobbyist for Penn National Gaming Inc., said he would testify against the bill. Penn National wants to operate a planned state-owned casino in Cherokee County.
“A business should have an opportunity to set its own rules when it comes to smoking,” he said. “In the case of Penn National, there will be another casino few feet away in Oklahoma where smoking is allowed. People will walk next door, and it will be a revenue loss.”
He also questioned whether the ban applies to private clubs, because the bill says employers shall provide a smoke-free workplace for all employees.
Gilbert Cruz, state long-term care ombudsman, said he’s concerned it would apply to adult care facilities that have designated smoking areas for residents.
“The elderly can’t walk out into the snow and put a coat on, so they have to have a supervised controlled environment,” he said.
Dr. Roy Jensen, University of Kansas Cancer Center director, said about 1,500 Kansans die each year from lung cancer and 89 percent of lung cancer cases are among smokers. He said the annual health care cost in Kansas caused by smoking is $927 million.
Sen. Roger Reitz, a physician, said secondhand smoke also contributes to diseases.
“This cannot be overstated. We are talking about disease, death and heartache by family and friends,” said the Manhattan Republican. “We have an incredible chance in the next election to allow the voters to have a say if they want to do something.”
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