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

By Sarah Green

KHI News Service

March 31, 2009

TOPEKA — The Kansas Senate on Tuesday again approved a bill that would limit smoking in public places statewide.

House Bill 2221 contained the same language as Senate Bill 25, which last month passed the Senate, 26-13, but then became stalled in a House committee.

 

The Senate approved the new bill, 25-15, after a couple hours of debate Tuesday morning. The bill would allow smoking in a handful of public places, including tobacco shops, private clubs, casino gaming floors and 20 percent of the state’s hotel rooms. Certain areas of adult care homes also would be exempted.

The bill also contains provisions aimed at making sure cigarette machines and self-service displays of tobacco products are behind counters or otherwise kept away from the general public.

Sen. David Wysong, R-Mission Hills, a leading supporter of the bill, asked the Senate to again approve the bill to let the full House weigh in on it after it got tabled in the House Health and Human Services Committee. House leaders last week said they would consider taking action on the bill, Wysong said.

Because the House previously passed HB 2221, it could vote to concur or not concur with the Senate’s action.  A vote to concur would send the bill to the governor for signature.  A vote to non-concur could send it to a conference committee of House and Senate negotiators for further discussion.

The bill left the Senate with an additional amendment that would allow smoking in private clubs that levy “substantial dues.”  The amendment, offered by Sen. Ty Masterson, R-Andover, would specifically allow smoking in rooms at the Flint Hills National Golf Club in Andover and the Flint Oak private hunting lodge in Elk County.

“It’s a tradition after hunting, to go into a room (at Flint Oak), and yes, they smoke cigars,” said Sen. Jean Schodorf, R-Wichita. “I don’t know what else they do there. I think they drink Scotch. They feel like it’s a tradition, and because it’s a private club, they would like it to continue.”

The amendment passed, 20-17.

Other amendments offered by Masterson and Sen. Susan Wagle, R-Wichita, failed, including amendments that would:

• Allow smoking in bars and restaurants that designate separately-ventilated smoking areas;

• Allow counties and cities that already passed their own smoking bans to opt-out of the statewide ban;

• Remove casinos, in which the state would have a financial interest, from the list of exemptions.

“This holds our business to the same standards as our constituents that have businesses open to the public,” Masterson said.

Wagle warned that without those compromises, the bill would not have enough support in the House.

Sen. Jim Barnett, R-Emporia, chairman of the Senate Public Health and Welfare Committee, called the bill, “the most important public health policy this body has considered in years.”

“This is a messy process,” he said. “But the end result moves the ball down the court. My hope is that this issue goes forward and we find a way to find compromise, find common ground, and bring the bill into law.”

-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.