Smoking ban goes to Culver
By The Associated Press Wednesday, April 9, 2008
DES MOINES -- The Legislature approved a
statewide ban on indoor smoking Tuesday that
supporters said would save countless lives, boost
public health and protect thousands of Iowa
workers.
The bill heads to Gov. Chet Culver, who has
pledged to sign it into law. That means thousands
of bars, restaurants and other public facilities
would become smoke-free by
July 1.
"I'm a former smoker, and I watched tobacco
shorten the lives of both of my parents, so this
is personal to me," said Rep. Phil Wise,
D-Keokuk. "This is a life and death issue."
Bargainers from the House and Senate worked into
Monday night negotiating a compromise that would
allow only casinos and the Iowa Veterans Home to
be exempt from the smoking ban.
The House approved the compromise 52-48 on
Tuesday, then approved the larger measure 54-45.
The Senate quickly followed suit, approving the
compromise 26-24 and sending the bill to Culver
on a 28-22 vote.
If Culver approves the bill, Iowa would become
the 30th state to enact restrictions on public
smoking, joining neighboring Illinois and
Minnesota.
"Governor Culver congratulates the House and
Senate for working together on this important
initiative, which will make Iowa a healthier
state, and he looks forward to signing the bill
into law," Culver spokesman Brad Anderson said.
Debate on the issue has raged all year at the
Statehouse, with supporters warning of deadly
second-hand smoke and critics worried about
trampling business owners' rights.
"We've had a long, transparent, open and honest discussion over the past
few weeks," said Rep. Tyler Olson, D-Cedar
Rapids. "This truly is historic legislation,
historic for the public health aspects and
historic for the workplace safety aspect. This is
focused on the right of all Iowans to breathe
clean air."
A coalition of health, medical and consumer
groups pushed for the smoking ban, which would be
enforced on a complaint basis by the Department
of Public Health. An initial fine would be $100.
Lawmakers eased opposition from the powerful
gambling lobbyists by issuing a limited exemption
for casinos. Under the bill, smoking would be
allowed only on the casino floor but not at the
casinos' bars and restaurants.
Sen.
Brad Zaun, R-Urbandale, criticized "the blatant
discrimination between casinos and private
business owners." He predicted that lawmakers
would next move on issues such as fat-laden fast
foods.
"The last I heard cigarette smoking is legal in
the state of Iowa," he said. "I think it is
nothing more than government intrusion. How much
government do we want in people's lives?"
Other lawmakers acknowledged the casino exemption is the bill's biggest flaw.
Rep. McKinley Bailey, D-Webster City, said
lawmakers were granting exemptions for giant
gambling corporations, but not for mom and pop
businesses. Rep. Mike May, R-Spirit Lake, said,
"I have a
philosophical problem paying homage to casinos."
Lawmakers also disagreed over whether bars and
restaurants should be exempt. Some said consumers
are already making their choices known, with an
increasing number of businesses going smoke-free
on their own. They argued that trend should
continue without a state mandate.
Backers of the ban said exempting bars and
restaurants would leave the measure without
meaning, since most workplaces and public
facilities are already smoke-free.
Olson argued that "99.9 percent of Iowa's public
places and 99.9 percent of Iowa's work force
would be protected" under the compromise.
Culver initially asked lawmakers to approve a
local option feature that would allow local
governments to enact their own tough smoking
restrictions. Aides said Culver still favored
that approach but would sign the measure.
Some smoking ban exemptions
Casinos, but only in gambling areas. Bars and
restaurants in casinos would be covered by the
ban.
The Iowa Veterans Home at Marshalltown.
Private residences, unless they are used for child care or health care.
Hotels and motels could set aside 20 percent of their rooms for smokers.
Retail tobacco stores and private clubs that have no employees.
Private, semi-private rooms in long-term care
centers.
Outdoor areas that are places of employment.
Enclosed areas within a place of employment
that provides a smoking cessation program.
