Kansas Health Institute | Information For Policy Makers. Health for Kansans.

By Sarah Green

KHI News Service



TOPEKA, Jan. 17 The Senate Judiciary Committee heard the first round of testimony on a bill that would ban smoking statewide in almost all public places.



Senate Bill 37, sponsored by Sen. David Wysong, R-Mission Hills, would ban smoking in all restaurants, bars, workplaces, health-care facilities and licensed day-care centers. Exceptions would allow smoking to continue in retail tobacco businesses, cigar-tobacco bars, private clubs and restaurant patios.



Wysong, who addressed the committee on Wednesday, said the bill was prompted by the tobacco-related deaths of family members and friends, including non-smoking friends who died from lung cancer.



"I thought it was time," he said.



The scientific debate over the effects of smoking and secondhand smoke "is closed" after the Surgeon General released a comprehensive report last year, said State Health Director Dr. Howard Rodenberg. The report concluded that even small amounts of secondhand smoke are a direct and immediate health concern.



Other proponents of the legislation, including representatives from the University of Kansas Cancer Center, Kansas Academy of Family Practice, the Tobacco Free Kansas Coalition, American Cancer Society and American Lung Association, spoke of studies and anecdotal evidence that showed restaurant sales and local revenues increased in communities after smoking bans went into effect.



Proponents also spoke of the massive health care costs associated with smoking. Topeka physician Dr. Dennis Tietze estimated those costs at a rate of about $5 for every dollar"s worth of tobacco consumed.



"I wish this committee would think of this as a public health issue," he said.



But opponents, including restaurant and bar owners, spoke of businesses that were hurt by such bans.



Former "regular" customers now stop by briefly instead of spending an evening at Conroy"s Pub in Lawrence, said owner Tom Conroy.



"They"ll come in for a drink and invite their friends over to their houses," he said. "I"ve lost a lot of that business."



Ron Hein, representing R.J. Reynolds, said the "vast majority" of hospitality businesses such as bars and restaurants are now designating themselves "non-smoking," eliminating the need for a statewide ban.



"The private marketplace is solving these problems," he said.



Sen. Greta Goodwin, D-Winfield, said she had noticed an increase in restaurants in the Wichita area that were non-smoking or had separate smoking sections.



"I think that"s a good compromise," she said after the hearing.



If restaurants are already making their own decisions whether or not to allow smoking, state legislation probably isn"t necessary, she said.



"It"s best to let the dust settle," Goodwin said.



Senate Bill 37 is more restrictive against smoking than the bill introduced in 2005 by former Rep. John Edmonds. The Edmonds bill died in committee.



If the bill advances to the Senate floor, it will be a "compelling test," Wysong said.



Regardless, he said, it"s becoming inevitable that the state will be involved in restricting smoking.



"If 21 states and numerous countries can do it, now it"s a matter of whether Kansas will be the next state or the 50th," he said. "I"m proud to introduce this here."



No action was taken on the bill on Wednesday.



Sarah Green is a staff writer for KHI News Service, which specializes in coverage of health issues facing Kansans. She can be reached at sgreen@khi.org or at 785-233-5443, ext. 118.