Statewide smoking ban introduced

Topeka Capital-Journal, The, Jan 30, 2008 by Tim Carpenter

By Tim Carpenter

THE CAPITAL-JOURNAL

Four state senators - two doctors, a pharmacist and a man stung by personal tragedy - made a move Tuesday to advance legislation creating a statewide ban on smoking in most public places.

The Senate Judiciary Committee agreed to introduction of a bill drafted by the senators that would create a legal foundation for the ban, set punishments for violators and mandate a county-by-county vote in November to determine whether counties want to opt out.

"I'm a health care professional and see the effects of smoking every day in my practice," said Sen. Vicki Schmidt, a Topeka Republican and practicing pharmacist.

Joining Schmidt as sponsors were Sens. Jim Barnett, R-Emporia; Roger Reitz, R-Manhattan; and David Wysong, R-Leawood. Barnett and Reitz are physicians, and three members of Wysong's family have died of tobacco-related cancer.

"I believe this bill will save tens of thousands of lives," said Wysong, who believes advocates have the 21 votes necessary to send a bill to the House.

Critics of the proposed ban say state government shouldn't meddle in issues best left to individual cities. Imposition of a smoking prohibition will damage income at bars and other businesses, said Sen. Phil Journey, a Haysville Republican and a leading opponent of the proposal.

Wysong pushed a statewide moratorium in the 2007 legislative session, but it failed.

Senate President Steve Morris, R-Hugoton, said allowing all 105 counties to decide whether a ban was a good fit made the idea attractive to more legislators.

"I think the bill has some traction," Morris said.

House Speaker Melvin Neufeld, R-Ingalls, said he hadn't counted votes in the House.

"We'll see what they do with it, and then we'll see what we do with it," Neufeld said.

Democratic Gov. Kathleen Sebelius endorsed a 21-point health care reform package recommended by the Kansas Health Policy Authority that contains a ban on smoking in public places.

Under the Senate bill, the most significant exemption would allow motels to set aside 20 percent of rooms for smokers. All restaurants, bars and casinos would have to comply with the ban if located in a county that accepts the limitation.

"The bottom line is that people will get a chance to vote," Reitz said. "We feel this is something that is long overdue."

Wysong said fines for violation of the ban would be $100 on the first offense, $200 for the second and $300 for the third. Both individuals and businesses could be fined, he said.

Twelve states have a ban on smoking in any public place, and 26 states have some sort of public smoking prohibition.

Medical groups have cited smoking as the top cause of preventable death. In 2006, the U.S. surgeon general stated that each year secondhand smoke kills 3,000 adults from lung cancer, 46,000 adults from heart disease and 430 newborns from sudden infant death syndrome.

Rep. Annie Tietze, D-Topeka, and Rep. Steve Lukert, D-Sabetha, said their constituents were supportive of a public space smoking ban. Voters in their districts have expressed concern about the danger of secondhand smoke and the rising cost of health care, the House members said.

"Feedback I'm getting from my district is in favor of it," Lukert said.

Tim Carpenter can be reached

at (785) 296-3005 or

timothy.carpenter@cjonline.com.