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

TOPEKA — A bill banning public smoking statewide is headed to the governor’s desk for signature into a law that would become effective July 1.

Gov. Mark Parkinson, a Democrat, in January called for enactment of a statewide ban in his opening address to the Legislature this year.

The Senate approved House Bill 2221 last year. On Thursday, members of the House voted 68-54 to concur.

“Thanks to a bipartisan coalition in the Legislature, the tireless efforts of our state’s health advocates and the support of the Kansas people, this legislation will soon become law,” the governor said in a prepared statement following the vote.

‘Four long years’

Former Sen. David Wysong, a Mission Hills Republican who led the charge in the Senate for a statewide smoking ban beginning in 2007, was getting off a plane in Dallas when he heard the news.

"It has been four long years," he said. "I'm obviously very pleased."

Wysong resigned from the Senate late last year, citing family issues. While in the Senate, he sponsored the bill in a number of committees.

The bill bans smoking in most workplaces, including restaurants and bars, but includes exceptions for private clubs, retail tobacco shops, 20 percent of the state's hotel rooms, the gaming floors of casinos, and certain rooms in adult long-term care facilities.

‘Legacy vote’

Rep. Charlie Roth, R-Salina, who made the motion to concur on the bill, said it was the most important vote for public health in 20 years.

"This vote today will be a legacy vote," he said. "We have the opportunity to provide clean air for employees and patrons of almost any workplace. This is a bill that you'll be able to tell your children when you go home that you voted for clean air for Kansans."

At least 34 other states have voted to restrict smoking in public places.

Public health officials and anti-smoking advocates said they would have preferred a bill with no exemptions, but this one was a major step forward.

"I can tell you that as a physician I have been asked to treat various illnesses in my life that I know I don't have the perfect treatment for," said Rep. Barbara Bollier, R-Mission Hills. "Do I not treat them because the method has not been perfected yet? No. I attempt to treat them. We need to start somewhere, and that somewhere is here."

First time in House

Though the Senate passed the measure twice in 2009, Thursday marked the first time the full House debated the issue of a statewide smoking ban.

The House Health and Human Services Committee held several days of hearings last year, but tabled the issue. It was the subject of several conference committee discussions late last year but no agreement was reached by House and Senate negotiators.

House health committee Chairwoman Rep. Brenda Landwehr, R-Wichita, scheduled two conference committee meetings on Wednesday but neither took place because senators did not attend. Senate health committee Chairman Sen. Jim Barnett, R-Emporia, said he had asked for a written proposal before the group met but never received it.

The House debated the motion for about two and half hours before voting on it. A motion to table the issue offered by Rep. Don Schroeder, R-Hesston, failed.

Another smoking ban bill, HB 2642, which contained exemptions for far more businesses, remains in the House health committee and is likely dead.

‘A farce’

Landwehr had the harshest words for the bill, calling it a "farce."

She said it would be hypocritical for the Legislature to exempt state-owned casinos while insisting that private business owners ban smoking.

"There are states that have exempted casinos," she said. "You also heard discussion here today that several states have passed smoking bans, so we want to be one of them. I don't know about you, but I'm pretty proud of the fact that Kansas is usually more of a leader than a follower."

Rep. Arlen Siegfreid, R-Olathe, said it was "oxymoronic" that certain places, such as adult care homes, could have separately ventilated rooms and allow smoking but other businesses such as restaurants could not.

"We need to send this back (to the conference committee) and tell the proponents that if they're serious, they need to bring the bill back to us without these ridiculous exemptions," he said.

Advocates applaud vote

Polls have shown that more than 70 percent of Kansans approve of a statewide smoking ban.

"This is truly a sign that the Legislature was listening to the overwhelming support that the people of Kansas have for clean indoor air," said Mary Jayne Hellebust, executive director of the Tobacco Free Kansas Coalition. "By this time next year, no one will remember what a hassle this was."

"I think that we have a future to look forward to in Kansas of reduced cardiovascular incidence and reduced cancer incidence," said Jake Lowen, a spokesperson for Clean Air Kansas. "More importantly, I'm thrilled for the workers of our state who will now have the opportunity to earn a paycheck and not sacrifice their health. This is a huge step forward."