IA Senate approves smoking ban
After the 29-21 vote, there was jubilation among Senate Democrats who have been fighting hard to prohibit smoking in all enclosed places of employment, including restaurants, bars and casinos.
"This bill is not a divisive tool for discriminating against those who choose to smoke, but an avenue to a healthier Iowa," said Sen. Staci Appel, a Democrat from Ackworth.
During an eight-hour shift, she said, a worker in a smoky casino inhales the equivalent of 16 cigarettes.
"As our surrounding states pass legislation creating smoke-free environments in all public places and areas of work, we as Iowans cannot neglect the opportunity to protect the health of every citizen in our own state," she told lawmakers.
Nebraska, Minnesota and Illinois already have statewide smoke-free laws. Wisconsin and South Dakota are struggling to reach compromises.
The bill the Senate passed on would ban smoking in state veterans facilities, private veterans organizations, outdoor entertainment venues such as amphitheaters and tennis courts, taxicabs, homes that serve as child care centers, and other places.
Iowans would still be able to smoke in most places outdoors, and inside private homes, some hotel rooms, tobacco stores, semiprivate rooms in long-term-care facilities, some areas of the Iowa State Fair, farm machinery and most limousine services.
Jim Hentges, who owns Rubin's Theater bar in the Okoboji area, said Wednesday night that he doubted this version of the legislation would pass in the House.
"Let's pray not," he said.
The House passed a version Feb. 19 that would allow smoking in casinos. Democratic leaders said including that exemption was the only way they could get enough votes.
Hentges said he's appalled by the new bill, "but at least they included everybody and made it semi-fair."
"People have the right to choose to smoke," he said. "Everybody knows it's bad for you. And the state still chooses to make it legal. If they had any guts, they'd outlaw smoking altogether, but that's $200 million in income they'll never let go."
Sen. Larry McKibben, a Republican from Marshalltown, blasted fellow senators for proposing to end smoking at the Iowa Veterans Home in Marshalltown - and for giving veterans almost no time for comment.
"I would say shame on the Democrats for doing this to the veterans of Iowa," McKibben said. "Frankly, I hope we don't have a whole bunch of wheelchairs barricading doors for what we've done here tonight."
If the smoking ban passes both legislative chambers, Iowa would be making a bold statement, advocates say.
The majority of states with statewide smoking bans started with local laws first.
In California and Minnesota, half of the population was covered by a local smoke-free law before the statewide law took effect, according to Annie Tegen of the American Nonsmokers' Rights Foundation.
Only a small number of states - such as Delaware and Washington - have passed strong, statewide smoke-free laws without many local laws in place, Tegen said.
Iowa law doesn't allow local ordinances to be more strict than state law. The Iowa Supreme Court has ruled that citywide smoking bans are not valid.
During Wednesday's debate, lawmakers narrowly rejected a provision to allow smoking in establishments where access is restricted to people age 21 or older, namely taverns and casino floors.
"This is about fairness," said Sen. Bill Dotzler, a Democrat from Waterloo, who requested the change. "It's about allowing people who smoke to have a place to socialize and not feel like a third-class citizen. Last time I looked, (smoking) was legal in this country."
Lawmakers also rejected a proposal by Sen. Mary Lundby, a Republican from Marion, to allow smoking in private offices that are equipped with separate heating and cooling systems, as long as no nonsmoking employees must pass through.
Other states have passed legislation with loopholes. For instance, Maryland allows three-year exemptions for bars that can prove their businesses are hurt by the smoking ban, and California allows smoking in workplaces with five or fewer employees.
The Iowa House can now approve the bill as is, make changes or insist on the version representatives passed Feb. 19, which would allow smoking in casinos.
If the House and Senate are unable to agree on identical language, lawmakers may appoint a special committee to work out differences.
"This bill's still got a course to go through and there will be compromises along the way," said Senate Majority Leader Mike Gronstal, a Democrat from Council Bluffs.
