Smoking ban moves forward in Iowa House
Lighting up would be banned in most public places
By Whitney Woodward Journal Des Moines Bureau | Posted: Wednesday, February 06, 2008
DES MOINES -- A proposal to ban smoking in almost all public places advanced in the Iowa House Tuesday, after lawmakers tacked on a pair of exemptions for casinos and closed-door events at veterans' halls.
The bill's sponsor, Rep. Janet Petersen, D-Des Moines, said the legislation "isn't perfect" but that the exemptions were necessary to advance the plan which she said would protect the bulk of Iowa workers from cancer-causing secondhand smoke.
"This is to ensure a safe work environment," Petersen said. "I would ideally like no exemptions ... but I plugged my nose and voted for it, because this will protect 99 percent of Iowa's work force."
If the proposal becomes law, smoking would be forbidden in all public restaurants, bars, government buildings, outdoor dining areas and businesses, including day care facilities. In addition, smoking within 50 feet of a smoke-free building would be prohibited.
Iowans still would be allowed to light up in their homes and cars.
Casino patrons would still be allowed to smoke, as would people in VFW and American Legion halls, provided the gathering wasn't open to the public.
Rep. Philip Wise, D-Keokuk, said he advocated an exemption for casinos because he feared their business would suffer if the facilities were forced to go smoke-free.
Gambling facilities that border Illinois have seen a boost in business since the state's smoking ban went into effect Jan. 1, Wise said. Also, Native American casinos would not be required to go smoke-free under any Iowa ban.
"The hospitality industry has actually improved in states that have smoking bans. The one exception to that, however, according to some very preliminary information that I have ... may be the gaming industry," Wise said.
The House Commerce Committee approved the measure 16-6, over the objections of some Republicans who said the well-intentioned proposal infringes on the rights of business owners and individuals.
"It's an issue of free choice," said Rep. Jamie Van Fossen, R-Davenport, who voted against the plan. "I believe it should be up to the business if they want to ban smoking."
The bill now advances to the full House, where a majority of lawmakers there, and in the Senate, will need to approve it before it can be sent to Gov. Chet Culver.
Passage is anything but assured.
Instead, lawmakers may push for a bill which would empower local governments to establish their own smoking bans. The proposal, which was approved by a House subcommittee Tuesday, would empower cities, counties and local health boards to vote themselves smoke-free.
But like the statewide ban, the local control option could collapse under the weight of business interests. Last year, a similar local control plan in the House withered after lawmakers, under pressure from the casino and restaurant industries, tacked on similar exemptions for gambling facilities and bars.
The governor promised lawmakers he'd sign a local control ban in his January Condition of the State address. Culver spokesman Brad Anderson said Tuesday the governor would have to consider signing off on a statewide ban, should the Legislature approve one.
To date, 23 states have created statewide bans, according to the American Lung Association. Some of those include exemptions.
Many of those with established statewide bans -- including border states like Illinois and Minnesota -- first established local control laws before implementing a more comprehensive statewide ban, said American Lung Association lobbyist Daniel Ramsey.
"Why is Iowa falling behind the times?" Ramsey said.
Whitney Woodward can be reached at (515) 243-0138 or whitney.woodward@lee.net.
The bill's sponsor, Rep. Janet Petersen, D-Des Moines, said the legislation "isn't perfect" but that the exemptions were necessary to advance the plan which she said would protect the bulk of Iowa workers from cancer-causing secondhand smoke.
"This is to ensure a safe work environment," Petersen said. "I would ideally like no exemptions ... but I plugged my nose and voted for it, because this will protect 99 percent of Iowa's work force."
If the proposal becomes law, smoking would be forbidden in all public restaurants, bars, government buildings, outdoor dining areas and businesses, including day care facilities. In addition, smoking within 50 feet of a smoke-free building would be prohibited.
Iowans still would be allowed to light up in their homes and cars.
Casino patrons would still be allowed to smoke, as would people in VFW and American Legion halls, provided the gathering wasn't open to the public.
Rep. Philip Wise, D-Keokuk, said he advocated an exemption for casinos because he feared their business would suffer if the facilities were forced to go smoke-free.
Gambling facilities that border Illinois have seen a boost in business since the state's smoking ban went into effect Jan. 1, Wise said. Also, Native American casinos would not be required to go smoke-free under any Iowa ban.
"The hospitality industry has actually improved in states that have smoking bans. The one exception to that, however, according to some very preliminary information that I have ... may be the gaming industry," Wise said.
The House Commerce Committee approved the measure 16-6, over the objections of some Republicans who said the well-intentioned proposal infringes on the rights of business owners and individuals.
"It's an issue of free choice," said Rep. Jamie Van Fossen, R-Davenport, who voted against the plan. "I believe it should be up to the business if they want to ban smoking."
The bill now advances to the full House, where a majority of lawmakers there, and in the Senate, will need to approve it before it can be sent to Gov. Chet Culver.
Passage is anything but assured.
Instead, lawmakers may push for a bill which would empower local governments to establish their own smoking bans. The proposal, which was approved by a House subcommittee Tuesday, would empower cities, counties and local health boards to vote themselves smoke-free.
But like the statewide ban, the local control option could collapse under the weight of business interests. Last year, a similar local control plan in the House withered after lawmakers, under pressure from the casino and restaurant industries, tacked on similar exemptions for gambling facilities and bars.
The governor promised lawmakers he'd sign a local control ban in his January Condition of the State address. Culver spokesman Brad Anderson said Tuesday the governor would have to consider signing off on a statewide ban, should the Legislature approve one.
To date, 23 states have created statewide bans, according to the American Lung Association. Some of those include exemptions.
Many of those with established statewide bans -- including border states like Illinois and Minnesota -- first established local control laws before implementing a more comprehensive statewide ban, said American Lung Association lobbyist Daniel Ramsey.
"Why is Iowa falling behind the times?" Ramsey said.
Whitney Woodward can be reached at (515) 243-0138 or whitney.woodward@lee.net.
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Joanne wrote on Feb 13, 2008 7:30 AM:
Don't worry, they will come! Figure it out! How far will smokers have to drive to find a smoking casino if Iowa casinos ban? Eventually, it will become acceptable and business will resume.
To this point, I have divided my gambling trips between Illinois and Iowa, since I live approximately halfway between. In fact, I probably visited Iowa more than Illinois prior to the Illinois smoking ban. Non-smoking patrons, like myself, will be spending more time in Illinois Casinos now. Or does that matter to the overall Iowa revenue picture?
Nonetheless, visits to casinos have been a source of health and hygiene problems for me and other non-smokers. PLEASE BAN SMOKING IN IOWA CASINOS! "
pd wrote on Feb 10, 2008 9:43 AM:
mh wrote on Feb 8, 2008 11:04 AM:
So smokers arent losing all of their personal freedoms...Maybe govt should try solving the bigger issues of the day rather than hitting the feel good issues. I think it should be a business owners choice to aloow smoking at his or her business. If they decide to allow smoking and they lose employees or customers than they would have to change with the times.
"
At least the STATE revenue is safe wrote on Feb 7, 2008 9:42 AM:
They don't worry about whether business would suffer at any other establishment! Don't you wonder why that is? Couldn't be because the state profits big time from the casinos could it? If they included casinos the STATE would be out of business!!! "
Stephanie wrote on Feb 6, 2008 12:13 PM:
Just another example of legislation that discriminates against a class of people because their employer (casinos) don't care about the health of their employees.
So ironic that legislators and casino executives are "privileged" to work in smoke-free offices.
Fight to protect the right of casino employees to breathe clean air! Breathing isn't a choice, no matter where you work. "