Smoking ban review curtailed


By Sarah Green


KHI News Service

TOPEKA, July 6
The idea of a statewide smoking ban will be the subject of a day”s worth of interim committee study
not four, as suggested by members of the Senate and a subcommittee of the Legislative Coordinating Council.

House Majority Leader Ray Merrick, R-Stilwell, a member of the LCC, objected to creating an interim committee to study the regulation of smoking in public places, including workplaces.

“I don”t think we should waste our time or money when cities and counties are addressing this already,” he said. “I don”t think we should micromanage them.”

But Senate President Steve Morris, R-Hugoton, also on the LCC, said the issue had substantial interest in the Senate during the last session, where an original version of

Senate Bill 37

would have banned smoking statewide. A subcommittee of the LCC approved the four-day committee on Friday morning, hours before the full committee met for final approval of the interim schedule.

“There have been significant discussions, not just in Kansas, but nationally” about banning smoking in public places, Morris said. “I don”t think it hurts anything.”

A compromise was offered by Senate Majority Leader Derek Schmidt, R-Independence, to add the topic of public smoking to the list of charges given to the interim Federal and State Affairs Committee. In addition to a day devoted to smoking, the committee is scheduled to spend five days discussing late-term abortions and the regulation and oversight of amusement park rides.

Schmidt is also a member of the Senate Judiciary Committee, which introduced SB 37. He succeeded in attaching an amendment to the bill that would have allowed counties to “opt out” of a statewide ban. Anti-tobacco advocates withdrew support, saying the altered bill would produce a patchwork of regulations.

Schmidt didn”t schedule the bill for floor debate, instead writing a letter to Morris asking for interim study of the issue.

One day of study probably isn”t enough to fully discuss the topic, Schmidt said after Friday”s meeting.

“It would be better to have its own committee,” he said. “We tried, we failed, so we went to plan B.”

Sen. David Wysong, R-Mission Hills, also asked for an interim study of SB 37. It was he who asked the Judiciary Committee to introduce the bill in January.

He said he was “disappointed” to hear of the LCC”s decision, and said the issue would likely be overshadowed by the other topics being heard by the Federal and State Committee.

“I think this issue is dead,” Wysong said. “It”s too bad the members of the House on the committee aren”t listening to their constituents and the people of Kansas.”

Last week, the Sunflower Foundation released a

poll

that showed that 71 percent of Kansas voters
and 71 percent of Republican primary voters
would support a statewide smoking ban.

Merrick said he believed that those numbers were true, but didn”t think it was the state”s role to get involved in deciding where people could smoke.

“Let them go to their local governments to get something done,” he said. “Some of these issues end up here, and I feel like we”re expected to referee.”

And, Merrick said, he didn”t think the House could muster enough votes to pass a statewide smoking ban.

Schedules and appointments to the committees could be released as early as the end of the month.

Other interim topics approved on Friday include:

* Health care tax credits and benefits for the purchase of long-term care insurance, health-earned income tax credits, health insurance and health savings accounts, as directed by Senate Bill 11.

* Operations of the Board of Healing Arts

* Medical assistance for trust beneficiaries, a study of SB 32

* Subrogation clauses in health insurance contracts, a study of SB 44

* Issues related to graduated drivers licensing

* A study on late-term abortions, including review of the recent U.S. Supreme Court ruling on late term abortions and its impact on Kansas law

* Child-care licensing

* HIV and AIDS awareness education in the Department of Corrections

* Mental health services for the elderly, including a review of HB 2236

* The presumptive disability process implemented in 2006, which serves as the gateway to the MediKan and General Assistance programs for individuals who appear to have a disability that could qualify them for federal benefits

* Reimbursement for mental health services

* Duties and responsibilities of pharmacy benefit managers, including a review of SB 272

* Obesity in children

Topics requested for study but not approved included:

* A review of existing programs related to local foods, healthy diets and rural development

* The impact of mentally ill individuals on local law enforcement systems

-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.