Smoking ban heads to Culver
House, Senate pass bill; casinos are exempted
By Dan Gearino and Charlotte Eby Journal Des Moines Bureau | Posted: Wednesday, April 09, 2008
DES MOINES -- Iowa legislators put aside months of differences Tuesday to approve a near-total ban on public smoking, sending the measure to Gov. Chet Culver.
The measure bans most public smoking, with exceptions for the Iowa Veterans Home in Marshalltown and for the gaming floors of state-licensed casinos.
"It's one of the most significant, if not the most significant, public health measures ever passed in the history of Iowa," said House Majority Leader Kevin McCarthy, D-Des Moines.
The bill is a compromise between the total ban favored by the Senate and the exception-laden version favored by the House.
The House passed the bill 54-45 after less than an hour of debate, sending it to the Senate a few minutes after noon. The Senate began debate a few hours later and passed the measure, 28-22.
Culver indicated he would sign the bill, which would take effect on July 1.
"Gov. Culver congratulates the House and Senate for working together on this important initiative which will make Iowa a healthier state," said Culver spokesman Brad Anderson.
The quick approval was a counterpoint to the process that preceded it.
The House began floor debate on Feb. 19 when it passed a version that had an exception for casinos. The Senate responded on Feb. 27 by approving a version with no exceptions.
The two chambers went back and forth for most of March with competing versions. Unable to agree, legislative leaders appointed a joint committee to work on the issue. The panel, known as a conference committee, came forward Monday with the compromise that ultimately passed.
Neither side got what it wanted.
"I don't think anybody is going to argue that this bill is perfect," said Senate Majority Leader Mike Gronstal, D-Council Bluffs who had supported a total ban.
The bill has many detractors, including legislators and outside groups who question why the casino industry gets special treatment, while other industries do not. "That's just plain wrong," said Rep. McKinley Bailey, D-Webster City, who had hoped to pass exceptions for bars and other age-restricted businesses.
Wes Ehrecke, president of the Iowa Gaming Association, which represents the state's casino industry, defended the exception. "When we attract 22 million visitors and 65 percent come from out of state, you don't get some of them back" if smoking is banned, he said.
His group has argued that a total ban in casinos would mean a revenue loss of up to 20 percent, which would lead to a drop in gaming taxes for the state. Illinois, for example, saw a drop in casino revenues after a ban was put in place at the beginning of the year.
Ehrecke also noted that tribal casinos in Iowa would not have to follow a state ban.
Health advocacy groups applauded Tuesday's action. Peggy Huppert, a lobbyist with the American Cancer Society, said the push to get a statewide smoking ban has lasted eight years. She said the majority of states now have laws regulating smoking in public places, including Iowa's neighbors, and said Iowa's "antiquated" smoking laws have made the state look backward.
"That's not the image we want to portray," she said.
Dan Gearino can be reached at 515-243-0138 and dan.gearino@lee.net.
Details of the ban
Smoke-free:
Bars, public businesses, restaurants including outdoor dining areas, financial institutions, public and private educational facilities, Laundromats, taxicabs, buses, libraries, museums, shopping malls,a quariums, polling places, convention facilities, private clubs when open to the public, child care facilities, sports arenas and public transit stations.
Unregulated:
Casino gaming floors (not restaurants or bars located in gambling facilities), designated hotel rooms, private homes, private businesses, Iowans' personal vehicles, tobacco stores, designated rooms in long-term care facilities, enclosed areas used for smoking cessation programs or scientific research related to smoking, private hired limousines, fairgrounds, prison grounds, farm vehicles, private clubs that have no employees and business vehicles used by only one employee.
Effective Date:
July 1, 2008.
Enforcement Mechanism:
The Iowa Department of Public Health will be responsible for enforcing the ban. Both businesses' employees and private citizens can report violations to the agency.
Penalties:
Individuals who light up in smoke-free areas can be fined up to $25. Owners, operators and managers who don't comply can be fined up to $100 for the first violation, $200 for the second violation within a year and $500 for each additional violation within the one-year span. The bill places the onus on owners and managers to inform patrons who violate the law of the provisions of the smoke-free act.
-- Whitney Woodward
The measure bans most public smoking, with exceptions for the Iowa Veterans Home in Marshalltown and for the gaming floors of state-licensed casinos.
"It's one of the most significant, if not the most significant, public health measures ever passed in the history of Iowa," said House Majority Leader Kevin McCarthy, D-Des Moines.
The bill is a compromise between the total ban favored by the Senate and the exception-laden version favored by the House.
The House passed the bill 54-45 after less than an hour of debate, sending it to the Senate a few minutes after noon. The Senate began debate a few hours later and passed the measure, 28-22.
Culver indicated he would sign the bill, which would take effect on July 1.
"Gov. Culver congratulates the House and Senate for working together on this important initiative which will make Iowa a healthier state," said Culver spokesman Brad Anderson.
The quick approval was a counterpoint to the process that preceded it.
The House began floor debate on Feb. 19 when it passed a version that had an exception for casinos. The Senate responded on Feb. 27 by approving a version with no exceptions.
The two chambers went back and forth for most of March with competing versions. Unable to agree, legislative leaders appointed a joint committee to work on the issue. The panel, known as a conference committee, came forward Monday with the compromise that ultimately passed.
Neither side got what it wanted.
"I don't think anybody is going to argue that this bill is perfect," said Senate Majority Leader Mike Gronstal, D-Council Bluffs who had supported a total ban.
The bill has many detractors, including legislators and outside groups who question why the casino industry gets special treatment, while other industries do not. "That's just plain wrong," said Rep. McKinley Bailey, D-Webster City, who had hoped to pass exceptions for bars and other age-restricted businesses.
Wes Ehrecke, president of the Iowa Gaming Association, which represents the state's casino industry, defended the exception. "When we attract 22 million visitors and 65 percent come from out of state, you don't get some of them back" if smoking is banned, he said.
His group has argued that a total ban in casinos would mean a revenue loss of up to 20 percent, which would lead to a drop in gaming taxes for the state. Illinois, for example, saw a drop in casino revenues after a ban was put in place at the beginning of the year.
Ehrecke also noted that tribal casinos in Iowa would not have to follow a state ban.
Health advocacy groups applauded Tuesday's action. Peggy Huppert, a lobbyist with the American Cancer Society, said the push to get a statewide smoking ban has lasted eight years. She said the majority of states now have laws regulating smoking in public places, including Iowa's neighbors, and said Iowa's "antiquated" smoking laws have made the state look backward.
"That's not the image we want to portray," she said.
Dan Gearino can be reached at 515-243-0138 and dan.gearino@lee.net.
Details of the ban
Smoke-free:
Bars, public businesses, restaurants including outdoor dining areas, financial institutions, public and private educational facilities, Laundromats, taxicabs, buses, libraries, museums, shopping malls,a quariums, polling places, convention facilities, private clubs when open to the public, child care facilities, sports arenas and public transit stations.
Unregulated:
Casino gaming floors (not restaurants or bars located in gambling facilities), designated hotel rooms, private homes, private businesses, Iowans' personal vehicles, tobacco stores, designated rooms in long-term care facilities, enclosed areas used for smoking cessation programs or scientific research related to smoking, private hired limousines, fairgrounds, prison grounds, farm vehicles, private clubs that have no employees and business vehicles used by only one employee.
Effective Date:
July 1, 2008.
Enforcement Mechanism:
The Iowa Department of Public Health will be responsible for enforcing the ban. Both businesses' employees and private citizens can report violations to the agency.
Penalties:
Individuals who light up in smoke-free areas can be fined up to $25. Owners, operators and managers who don't comply can be fined up to $100 for the first violation, $200 for the second violation within a year and $500 for each additional violation within the one-year span. The bill places the onus on owners and managers to inform patrons who violate the law of the provisions of the smoke-free act.
-- Whitney Woodward
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