Senate passes cigarette smoking ban
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By Dan Gearino | Thursday, March 15, 2007 |
DES MOINES — The Iowa Senate voted Wednesday to give cities and counties the power to pass local smoking bans, a bill that backers say is true to the state’s tradition of local control.
“This is a matter of whether we trust our local officials to do what is right,” said the lead sponsor, Sen. Herman Quirmbach, D-Ames.
The 30-20 vote followed nearly two hours of debate, with all Democrats in favor and all Republicans against. Senators amended the bill to shield fraternal groups — such as the American Legion and VFW — from local smoking bans, while rejecting amendments that would have shielded casinos and bars.
The bill is in response to a 2003 Iowa Supreme Court ruling that said local governments don’t have the power to pass smoking restrictions. The ruling invalidated local bans in Iowa City and Ames. Quirmbach was on the Ames City Council when it passed its ban.
Republicans argued that businesses should be able to decide for themselves whether to allow smoking.
“Smoking bans should be a business decision and not a legal mandate. Customers have a choice where to spend their money and employees have a choice of where they work,” said Sen. Pat Ward, R-West Des Moines.
The amendment for fraternal groups was sponsored by Sen. Mark Zieman, R-Postville. He said the groups deserve special consideration because patrons are people who choose to be members.
Last week, the House Local Government Committee recommended a version of the bill that exempts casinos and bars. If that version passes on the House floor, it would set up a showdown between the House and Senate.
Sen. David Hartsuch, R-Bettendorf, the only physician in the Legislature, said the state needs to get tough on tobacco and should not have exceptions in the bill.
“At the moment, I’m not too thrilled with this piece of legislation,” Hartsuch said.
The vote continues the Legislature’s focus on issues related to smoking, just a day after the House passed a $1-per-pack increase in the cigarette tax, sending it to Gov. Chet Culver to be signed this week.
“It sure seems like we’re picking on smokers this legislative session,” said Sen. Brad Zaun, R-Urbandale.
Dan Gearino can be contacted at (515) 243-0138 or dan.gearino@lee.net.
How they voted
Voting yes
Sen. Frank Wood, D-Eldridge
Sen. Roger Stewart, D-Preston
Sen. Joe Seng, D-Davenport
Voting no
Sen. David Hartsuch, R-Bettendorf
Sen. Jim Hahn, R-Muscatine
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