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Web posted Thursday, May 15, 2008


Legislative leaders see eventual passage of smoking ban

By CARL MANNING
Associated Press Writer

TOPEKA, Kan. (AP) -- The state's top two legislators said Thursday that it's not a question of whether the Legislature will enact a statewide smoking ban, but when.

Efforts to ban smoking statewide fell short this year, even after it was rewritten in the Senate Judiciary Committee to add numerous exemptions, including bars and casinos. It also mandated a Nov. 4 vote in each county on whether residents wanted to be part of the ban.

Reworking the bill didn't help its chances. Critics didn't reconsider their opposition, and supporters said the reworked version would make Kansas the laughingstock of the nation.

Supporters vow to push next year for the ban.

''We are moving forward with it,'' said Frances Breyne, Kansas Health Policy Authority spokeswoman. ''Sometimes it takes several years for such broad legislation to catch on. We saw this session as an initial step to continuing this conversation.''

She said the authority will work to educate Kansans about the need for such a ban, which could help with legislative support.

''The more Kansans whose voices are heard on such critical issues, the more support we get from policymakers because they care about what their constituents think,'' Breyne said.

Gov. Kathleen Sebelius, who backs the ban, attributed its failure to legislative leaders deciding from the outset that tackling health care issues such as a smoking ban and increased cigarette tax was just too hard to do.

Supporters said a statewide ban is the only way to create a uniform policy on clean indoor air throughout the state. Opponents maintain it would hurt businesses and is an example of the state intruding on local control -- an issue legislators take seriously

House Speaker Melvin Neufeld, an Ingalls Republican, said Thursday he believes a ban will pass sometime in the future, but, ''I wouldn't want to project what year.''

He said the measure failed to pass because many lawmakers weren't sure whether the issue should be left to local governments.

''There's a lot of people interested in the smoking ban, but they weren't sure the state was the place to do it,'' he said. ''Kansas is pretty steeped in being a local control state.''

Senate President Steve Morris said the chances of a statewide ban passing next year are better, in part because it won't be an election year.

''It may not happen next year, but I believe in the next five years you will see it in the majority of states,'' said the Hugoton Republican. ''As time goes on, it will be more likely to pass.''

The National Conference of State Legislatures says at least 22 states require all public places to be smoke-free. Nine others impose restrictions that exempt restaurants or bars in varying degrees.

A Kansas Department of Health and Environment report released Thursday said 26 cities and counties have passed clean indoor air laws, covering about 28 percent of the state's population. It says about 3,900 Kansans die each year from cigarette smoking and an additional 290 die from secondhand smoke.

Morris said a smoking ban would save the state money in health care costs, including Medicaid, although that's not the only reason he supports it.

''If we can encourage people to have better lifestyles, we're all better off,'' he said.

Kansans spend about $927 million a year on smoking-related medical expenses, including some $196 million by Medicaid, according to the KDHE report.

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