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Statewide smoking ban moves forward in Iowa House

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buy this photo Statewide smoking ban moves forward in Iowa House

DES MOINES - A proposal to ban smoking in almost all public places advanced in the Iowa House Tuesday, after lawmakers tacked on a pair of exemptions for casinos and closed-door events at veterans' halls.

The bill's sponsor, Rep. Janet Petersen, D-Des Moines, said the legislation "isn't perfect" but that the exemptions were necessary to advance the plan which would protect the bulk of Iowa workers from cancer-causing second-hand smoke.

"This is to ensure a safe work environment," Petersen said. "I would ideally like no exemptions … but I plugged my nose and voted for it, because this will protect 99 percent of Iowa's work force

If the proposal becomes law, smoking would be forbidden in all public restaurants, bars, government buildings, outdoor dining areas and businesses, including day care facilities. In addition, smoking within 50 feet of a smoke-free building would be prohibited.

Iowans still would be allowed to light up in their homes and cars.

Casino patrons would still be allowed smoke, as would people in Veterans of Foreign Wars and American Legion halls, provided the gathering wasn't open to the public.

Rep. Philip Wise, D-Keokuk, said he advocated an exemption for casinos because he feared their business would suffer if the facilities were forced to go smoke-free.

Gambling facilities that border Illinois have seen a boost in business since the state's smoking ban went into effect Jan. 1, Wise said. Also, Native American casinos would not be required to go smoke-free under any Iowa ban.

"The hospitality industry is actually improved in states that have smoking bans. The one exception to that, however, according to some very preliminary information that I have … may be the gaming industry," Wise said.

The House Commerce Committee approved the measure 16-6, over the objections of some Republicans who said the well-intentioned proposal infringes on the rights of business owners and individuals.

"It's an issue of free choice," said Rep. Jamie Van Fossen, R-Davenport, who voted against the plan. "I believe it should be up to the business if they want to ban smoking."

The bill now advances to the full House, where a majority of lawmakers there, and in the Senate, will need to approve it before it can be sent to Gov. Chet Culver.

Passage is anything but assured.

Instead, lawmakers may push for a bill which would empower local governments to establish their own smoking bans. The proposal, which was approved by a House subcommittee Tuesday, would empower cities, counties and local health boards to vote themselves smoke-free.

But like the statewide ban, the local control option could collapse under the weight of business interests. Last year, a similar local control plan in the House withered after lawmakers, under pressure from the clout-heavy casino and restaurant industries, tacked on similar exemptions for gambling facilities and bars.

The governor promised lawmakers he'd sign a local control ban in his January Condition of the State Address. Culver spokesman Brad Anderson said Tuesday the governor would have to consider signing off on a statewide ban, should the Legislature approve one.

To date, 23 states have created statewide bans, according to the American Lung Association. Some of those include exemptions.

Many of those with established statewide bans - including border states like Illinois and Minnesota - first established local control laws before implementing a more comprehensive statewide ban, said American Lung Association lobbyist Daniel Ramsey.

"Why is Iowa falling behind the times?" Ramsey said.

Contact Whitney Woodward at (515) 243-0138 or whitney.woodward@lee.net.

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