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By CARL MANNING
Associated Press Writer

TOPEKA, Kan. (AP) -- Kansans could say whether they want a district attorney to handle criminal cases in their county under a bill approved Wednesday by the Senate.

The 40-0 vote sent the measure to the House.

Voters in a single county or multiple, adjoining counties could opt for a district attorney. County attorneys then would handle only civil cases, instead of both civil and criminal cases.

''The way the bill preserves local control made it hard to be against,'' said Senate Majority Leader Derek Schmidt, an Independence Republican.

To qualify for a district attorney, a county or group of counties would have to average 150 felony cases a year over five years.

District attorneys would earn the same salary as a district court judge, now $118,297. The state would pick up at least a third of the cost, with its percentage growing with the average number of felony cases. If a county or group of county's five-year average was 400 or more felony cases, the state would pay the entire salary.

The question could be put on the ballot either by county commissions or petitions submitted by voters.

There are district attorneys in Douglas, Johnson, Reno, Sedgwick, Shawnee and Wyandotte counties. The other 98 have county attorneys.

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SMOKING BAN: New restrictions on smoking were on the verge of being snuffed out after the Senate Judiciary Committee postponed a vote Wednesday.

''For whatever reason, the Kansas Legislature isn't ready to tackle this,'' Schmidt said. ''I'm not ready to pronounce last rites, but it's substantially hobbled.''

The bill started out mandating a vote Nov. 4 in every county on whether smoking should be banned in virtually all public areas and work spaces.

Business owners and trade groups opposed the bill, while health advocates have pushed for a total ban, even though it has no chance of passage. The committee added numerous exemptions, including for bars, casinos, tobacco shops and adult care homes with indoor smoking areas.

One sponsor, Sen. David Wysong, said he's not ready to give up on the bill, but added, ''It'll have a lot more momentum next session. It may be another year or two, but Kansas will have a smoking ban.''

The Mission Hills Republican said that because of the exemptions in the rewritten bill, ''We probably would be the laughingstock of the country.''

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ROCKET MAN RETURNS: The Senate honored a former astronaut who is returning to Kansas to teach at the University of Kansas.

He is Steve Hawley, of Salina, who logged more than a month in space in space shuttle missions in 1986, 1990, 1997 and 1999. He now oversees planetary and space science research for NASA.

University of Kansas Chancellor Robert Hemenway announced Hawley will join the faculty of the department of physics and astronomy in the fall. Hemenway said Hawley also will promote math and science education.

The two men visited the Statehouse and sat on the Senate floor, where Sen. Pete Brungardt, a Salina Republican, praised Hawley's career.

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YES, NUKES: The Senate Utilities Committee endorsed a bill designed to encourage the development of more nuclear power in Kansas.

The 6-2 vote sent the measure to the Senate for debate.

The measure would allow utilities to recover their costs through electric rates if they study the feasibility of building a nuclear power plant. It also would set favorable depreciation rules.

The state has only one nuclear plant, Wolf Creek, outside Burlington.

Sen. Roger Reitz is pushing the measure. The Manhattan Republican has said the state needs more nuclear power to meet future energy needs.

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THREE STRIKES: Work has stalled on a bill mandating prison time for all criminals convicted of a third felony.

Chairman John Vratil said the Senate Judiciary Committee won't consider the ''three strikes'' measure until at least next week.

It's being pushed by Schmidt. He said his proposal addresses the problem of criminals receiving repeated probation for such nonviolent crimes as theft.

Schmidt's proposal differs from ''three strikes'' laws in other states because it doesn't provide for mandatory life imprisonment. He said that approach has led to situations where a person gets life for a low-level theft conviction.

During hearings, the committee heard concerns that the bill would force the state to expand its prisons to prevent them from becoming overcrowded.

Schmidt said he's trying to work out a compromise to overcome those objections. He said one option is to limit the types of felonies for which a third conviction automatically means prison time.

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TOURISM TURN: The Senate gave first-round approval to a bill transferring the state Division of Travel and Tourism to an independent agency.

The bill would create the Kansas Tourism Corporation and transfer the division and its employees from the Department of Commerce.

A final vote of approval would send the bill to the House.

The corporation would have a 13-member board, with nine members named by the governor and legislative leaders. The Travel Industry Association of Kansas would appoint the other four.

''I think it's 25 years of frustration where we haven't paid enough attention to the market. It would allow for better marketing,'' said Sen. Nick Jordan, a Shawnee Republican. ''We aren't competitive in our region and this would make us competitive.''

But Sen. Laura Kelly suggested there would be little oversight of the new corporation.

''We need to be careful with sending taxpayer dollars to a structure with little oversight,'' said Kelly, a Topeka Democrat.

But Jordan disagreed, noting that legislative leaders will appoint board members and that any spending will be approved by lawmakers.

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UNDER THE DOME: Wednesday was the 45th day of the 2008 legislative session, out of 90 scheduled.

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Associated Press Writer John Hanna contributed to this report.