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Smoking ban to be debated this week

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By Todd Dorman | Monday, February 19, 2007 1:01 AM CST | () comments

DES MOINES — A bill giving local officials the power to enact bans on public smoking could move ahead this week in the Iowa House and Senate.

Local Government committees in both chambers are scheduled to debate the issue. Backers insist the legislation is needed to protect workers and patrons in restaurants and other establishments from the dangers of second-hand smoke.

The Iowa Supreme Court ruled several years ago that cities and counties do not have the power to approve smoking restrictions that are stronger than limits spelled out in state law.

“I’d like some sort of ban,” said Sen. Roger Stewart, D-Preston, who represents Clinton and Jackson counties. “I think it’s an issue of the workplace.”

Stewart supports a separate, more sweeping bill that would ban smoking statewide. But he said the idea of handing the contentious issue to local officials is gaining momentum at the Statehouse.

“Right now, I’m leaning toward supporting the local control,” Rep. Jeff Kaufmann, R-Wilton, said. “I think my constituents are absolutely torn on this one.”

Kaufmann, the top GOP member on the House Local Government Committee, said it is possible the panel will add exceptions to the local control bill exempting taverns and casinos from smoking bans. Owners of those businesses have insisted that tougher rules would be bad for business.

The House panel is scheduled to take up the bill Tuesday.

“It should be a pretty active debate,” Kaufmann said.

Rep. Nathan Reichert, D-Muscatine, supports giving local officials the power to ban smoking.

“It allows for policies to be crafted around the state that reflect local concerns,” he said.

Some lawmakers, however, said the final decision on going smoke-free should remain in the hands of individual business owners. The strong customer preferences, they contend, already are pushing restaurant owners to banish smoking.

“I’m having more people from home saying, ‘Leave it up to the individual restaurants. Let the local people decide,’ ” said Sen. Frank Wood, D-Eldridge “I think I would rather leave it up to the local businesses.”

The effort to ban smoking in public places is part of a two-pronged legislative attack on tobacco use this year. Lawmakers also are considering a $1 increase in Iowa’s current 36-cent-per-pack cigarette tax.

A Senate committee has approved the tax increase, but its fate in the full Senate remains uncertain. Some lawmakers favor a smaller tax hike that would have less impact on border retailers.

Senate Democratic leaders say the tobacco tax bill will come up for debate something during the next couple weeks.

Todd Dorman can be contacted at (515) 243-0138 or todd.dorman@lee.net.