Senate approves public smoking ban
Shoots down exemptions for casinos, bars
Posted: Thursday, February 28, 2008
DES MOINES -- The Iowa Senate approved a broad statewide smoking ban Wednesday, withstanding several attempts to riddle the legislation with loopholes for bars, casinos and veterans' facilities.
Members voted 29-21 to implement the ban, which advocates said will protect nearly every Iowa worker from secondhand smoke.
"This bill is not a divisive tool for discriminating against those who have chosen to smoke, but an avenue to a healthier Iowa," said Sen. Staci Appel, D-Ackworth, the bill's sponsor.
Appel said data show food service employees have a 50 percent greater chance of dying from lung cancer than other workers.
The proposal would forbid smoking in most public buildings, restaurants and bars, but would not restrict smoking in Iowans' private homes or vehicles.
The Democrat-crafted legislation was approved on a largely partisan vote, although five Republicans supported the ban and six Democrats voted against it.
The bill now heads to the House, where representatives will consider the Senate's changes.
Last week, House members approved a statewide ban which included exemptions for casinos and closed-door veterans' hall events.
A Senate committee Monday stripped those exemptions, while adding a provision which would permit smoking in single-person farm vehicle cabs.
House Majority Leader Kevin McCarthy, D-Des Moines, said he will re-survey members of his chamber to see if a majority of lawmakers will back the stricter Senate draft.
The number of House supporters who support the ban may change now that casinos would be included in the mandate, McCarthy said.
"I'm telling you ... there was not the votes to pass this bill out of the House without the casino exemption," McCarthy said.
Several lawmakers have said including casinos in the ban will hurt business because gamblers who want to smoke will head to out-of-state casinos or in-state Native American casinos, which would not be forced to go smoke-free under the proposed state law.
The non-partisan Legislative Services Agency released an estimate Tuesday which said the state would lose $25.7 million if casinos went smoke-free. Casino industry officials have said that number could be much larger.
During the debate Tuesday night, the Senate narrowly defeated an amendment from Sen. Bill Dotzler, D-Waterloo, which would have exempted all bars and casinos from the ban, provided the facilities had posted signs identifying the establishment as one where smoking was permitted.
Urging lawmakers to support the change, Dotzler said a ban which includes the age-restricted facilites would discriminate against smokers by denying them any place to smoke, thus treating them like "second-class citizens."
"I think this is about fairness," Dotzler said. "It's about treating about one-fifth of Iowans with respect, and letting individual businesses decide, at least when it comes to over-21 establishments, whether they want to do that."
The Iowa Department of Public Health estimated that 18 percent of Iowans were smokers in 2006, measured by whether or not they had at least one cigarette in the preceding month.
Economic studies that show businesses aren't hurt by smoking bans are collective summaries that hide the fact that some, indeed, will suffer financially, Dotzler said. "There are people that will be impacted," he said.
Dotzler's amendment was defeated on a 26-24 vote.
Sen. Rich Olive, D-Story City, said exemptions would defeat the purpose of the ban, which is to prevent workers from being subjected to smoke.
"Once you start with exemptions, where do you stop?" Olive said. "We saw that problem in the House version ... if banning statewide smoking is good policy, we really should pass (it) with no exemptions."
Whitney Woodward can be reached at (515) 243-0138 or whitney.woodward@lee.net.
ROLL CALL
Here is how Siouxland senators voted on the smoking ban:
Voting yes
Sen. Dave Mulder, R-Sioux Center
Voting no
Sen. David Johnson, R-Ocheyedan; Sen. Steve Kettering, R-Lake View; Sen. James Seymour, R-Woodbine; Sen. Steve Warnstadt, D-Sioux City; Sen. Ron Wieck, R-Sioux City.
Members voted 29-21 to implement the ban, which advocates said will protect nearly every Iowa worker from secondhand smoke.
"This bill is not a divisive tool for discriminating against those who have chosen to smoke, but an avenue to a healthier Iowa," said Sen. Staci Appel, D-Ackworth, the bill's sponsor.
Appel said data show food service employees have a 50 percent greater chance of dying from lung cancer than other workers.
The proposal would forbid smoking in most public buildings, restaurants and bars, but would not restrict smoking in Iowans' private homes or vehicles.
The Democrat-crafted legislation was approved on a largely partisan vote, although five Republicans supported the ban and six Democrats voted against it.
The bill now heads to the House, where representatives will consider the Senate's changes.
Last week, House members approved a statewide ban which included exemptions for casinos and closed-door veterans' hall events.
A Senate committee Monday stripped those exemptions, while adding a provision which would permit smoking in single-person farm vehicle cabs.
House Majority Leader Kevin McCarthy, D-Des Moines, said he will re-survey members of his chamber to see if a majority of lawmakers will back the stricter Senate draft.
The number of House supporters who support the ban may change now that casinos would be included in the mandate, McCarthy said.
"I'm telling you ... there was not the votes to pass this bill out of the House without the casino exemption," McCarthy said.
Several lawmakers have said including casinos in the ban will hurt business because gamblers who want to smoke will head to out-of-state casinos or in-state Native American casinos, which would not be forced to go smoke-free under the proposed state law.
The non-partisan Legislative Services Agency released an estimate Tuesday which said the state would lose $25.7 million if casinos went smoke-free. Casino industry officials have said that number could be much larger.
During the debate Tuesday night, the Senate narrowly defeated an amendment from Sen. Bill Dotzler, D-Waterloo, which would have exempted all bars and casinos from the ban, provided the facilities had posted signs identifying the establishment as one where smoking was permitted.
Urging lawmakers to support the change, Dotzler said a ban which includes the age-restricted facilites would discriminate against smokers by denying them any place to smoke, thus treating them like "second-class citizens."
"I think this is about fairness," Dotzler said. "It's about treating about one-fifth of Iowans with respect, and letting individual businesses decide, at least when it comes to over-21 establishments, whether they want to do that."
The Iowa Department of Public Health estimated that 18 percent of Iowans were smokers in 2006, measured by whether or not they had at least one cigarette in the preceding month.
Economic studies that show businesses aren't hurt by smoking bans are collective summaries that hide the fact that some, indeed, will suffer financially, Dotzler said. "There are people that will be impacted," he said.
Dotzler's amendment was defeated on a 26-24 vote.
Sen. Rich Olive, D-Story City, said exemptions would defeat the purpose of the ban, which is to prevent workers from being subjected to smoke.
"Once you start with exemptions, where do you stop?" Olive said. "We saw that problem in the House version ... if banning statewide smoking is good policy, we really should pass (it) with no exemptions."
Whitney Woodward can be reached at (515) 243-0138 or whitney.woodward@lee.net.
ROLL CALL
Here is how Siouxland senators voted on the smoking ban:
Voting yes
Sen. Dave Mulder, R-Sioux Center
Voting no
Sen. David Johnson, R-Ocheyedan; Sen. Steve Kettering, R-Lake View; Sen. James Seymour, R-Woodbine; Sen. Steve Warnstadt, D-Sioux City; Sen. Ron Wieck, R-Sioux City.
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Kal wrote on Mar 7, 2008 8:56 AM:
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