By Sarah Green
KHI News Service
TOPEKA, Jan. 30
The Senate Judiciary Committee vote on a statewide smoking ban will have to wait.
The committee has discussed the ban off and on for the last three weeks. But as Sen. John Vratil, R-Leawood, the committee chairman, prepared to take a vote on the bill during Tuesday”s committee meeting, Sen. Derek Schmidt, R-Independence, offered an amendment that wasn”t adopted but did extend debate and led to a postponed vote.
Schmidt”s amendment to Senate Bill 37 would have added a local “opt-out” provision for counties that didn”t want to join the proposed statewide ban on smoking in workplaces, including bars, restaurants, office buildings and a host of other indoor venues.
The opt-out provision would allow more Kansans to “enter the discussion” on whether smoking should be banned, Schmidt said.
“Big issues take time to ripen,” he said. “I don”t think this has ripened yet.”
Under his plan, county commissioners could opt-out of the state-wide ban. If
5 percent or more of registered voters petitioned to opt back in to
the ban, an election would be held. If a majority of voters opposed the commisioners’ decision to opt-out, then the county would once again be subject to state law.
Several committee members asked if cities, including those that already have no-smoking ordinances, would be included.
Vratil asked Legislative Research staff to clarify how the amendment would affect city and county jurisdictions and postponed voting on the bill until they could respond.
“I”m not sure we could discuss this bill long enough,” he said. “That”s why I”m in no big hurry to pass this out of committee. We”ll continue to fine-tune it here.”
Vratil said he expected the vote to take place “in the next day or two.”
Other amendments to the bill approved by the committee Tuesday:
* Exempted charitable dinners that include cigar smoking;
* Exempted Amtrak passenger trains and freight trains.
“I don”t want to go down in history if and when this bill passes as another Vern Miller,” said Sen. David Wysong, R-Mission Hills, referring to the legendary former attorney general who arrested people drinking on trains as the trains crossed the state. Wysong is the bill”s sponsor.
* Exempted heavy commercial motor vehicles, such as freight trucks, from the bill. Sen. Greta Goodwin, D-Winfield, had raised concerns about truck cabs which are considered to be workplaces being included in the ban.
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.