2/2/2008

By CHRIS GREEN

Harris News Service

TOPEKA -- After being thwarted in recent years, lawmakers backing a statewide public smoking ban have crafted a new twist this session to bolster the measure.

Under a bill introduced in the Senate this past week, voters would determine in November whether their county prohibits smoking in nearly all public, indoor areas, including privately owned bars and restaurants.

So far, no hearing has been scheduled for the bill, which will be reviewed by the Senate Judiciary Committee. The five state senators pushing for the bill believe requiring a county-by-county vote will ease concerns that a statewide ban trumps local controls.

One of the proponents, Sen. Pete Brungardt, R-Salina, said he believes the voting provision will make it easier for lawmakers to support the legislation.

"They don't have to feel that they're usurping anybody's rights," Brungardt said. "They're just offering a vote to the populace."

That's a distinction that may have some appeal to skeptics of a statewide ban.

Sen. Terry Bruce, R-Hutchinson, doesn't consider himself a fan of the statewide ban. Still, Bruce, the Senate Judiciary Committee's vice chairman, said this year's version stands a better chance than last year's proposal, which was held back for further study.

"I think with the referendum part added, it improves the chances of it passing," Bruce said.

Cancer Society volunteer Pat Gilbert of Salina spent a day at the Statehouse this past week lobbying lawmakers for a statewide ban.

Gilbert said Salina's partial smoking ban has been popular but fails to adequately protect health in restaurants and bars. Salina's ordinance bans smoking from 5 a.m. to 9 p.m.

"For people who have to go into that area, it really isn't enough," she said of employees in the establishments that permit late-night smoking.

It's not the right time

But not everyone is convinced that the bill's time has come. House leaders have expressed opposition to statewide smoking controls, and the proposal could face opposition in the Senate, too.

Senate Judiciary Chairman John Vratil, R-Leawood, said he doesn't believe the bill has enough support to pass this year, although its prospects look brighter.

"I think it will pass eventually," said Vratil, although he indicated that might not happen for several years.

Even those who are strong smoking ban supporters have their doubts.

Dave Heinemann, a former longtime Garden City legislator, lobbies this session for the American Cancer Society. He said the group would prefer lawmakers impose a statewide, full-time smoking ban for public places, rather than placing it on the ballot for county-by-county votes.

A tobacco company spokesman said his firm wouldn't take a position on the methods lawmakers might use to enact a state-mandated smoking ban.

However, Reynolds American, parent company of R.J. Reynolds Tobacco Company, has opposed bans when they don't provide exceptions for businesses restricted to those age 21 or older, spokesman John Singleton said.

"That's where we think it's fair and reasonable to draw the line," Singleton said.

Few exceptions

The statewide smoking ban in public places being proposed by Brungardt and four other senators would allow for few exceptions. Smoking would be prohibited in all enclosed public spaces and work areas, including casinos, taxi cabs, limousines and hotel common areas.

However, the restrictions wouldn't apply to private vehicles or homes, unless the residence is being used as a day care center. Commercial trucks and freight trains also would be exempted and hotels would be able to set aside up to 20 percent of their rooms for guests who smoke.

The bill also allows for both individuals who violate the ban and businesses who allow violations to be fined. The charges range for up to $100 for the first offense and up to $200 for the second violation in a one-year period. Anyone violating the law for the third-time within a year would face up to a $500 fine.

Yet, before the restrictions would be enacted under the bill, voters in a county would have to cast their ballots in favor of the measure. County commissioners in all of the state's counties would be required to put the question on the Nov. 4 election ballot, should the legislation pass.

Cities with limits more stringent than the state's law would be able to keep their ordinances in effect, said Sen. David Wysong, R-Mission Hills, one of the ban's chief proponents. However, cities with lighter constraints would see their restrictions usurped should voters accept the state's limits.

It's a matter of health

Supporters say the controls would benefit public health by swaying more people to quit smoking. An estimated 4,000 Kansans die each year from tobacco-related illnesses and treatment of smoking-related illnesses costs Kansas about $1 billion annually, Wysong said.

Although more than a dozen Kansas cities have adopted their own bans, they vary in scope, and some public health advocates questions whether they go far enough.

Lisa Benlon, who heads the Cancer Society's efforts in Kansas, said some communities' partial bans are a major concern in light of cancer cases.

"Carcinogens stay in the air for two weeks," she said of places that allow smoking during certain hours. "People falsely believe they're not affected."

A person can choose not to patronize a business that allows smoking, she said, but in college towns, for example, students trying to make a living often must work in bars.

"We think they shouldn't have to be exposed. As a worker, they don't have the same choice as patrons."

Smokers tip better

However, Singleton said, he finds such arguments perplexing. Employees can simply decide not to work in a business where smoking is permitted, especially with a growing number of establishments going smoke-free on their own.

"Lots of waiters and waitresses actually prefer to work in an establishment that allows smoking," Singleton said, "because, generally speaking, smokers stay longer, have bigger tabs and leave bigger tips than nonsmokers. There's an advantage there, and, of course, there's an awful lot of wait staff who smoke themselves."

n HNS reporter Sarah Kessinger contributed to this report.