Heated battle over smoking ban

When the statewide smoking ban was on the line, the Johnson County delegation to the Kansas House came through. It was far from unanimous, but still a solid bloc of votes was delivered to halt death and disease from secondhand tobacco smoke.

The tally was 68 to 54.

The Johnson County vote broke down this way: 14 to send the Senate-passed smoke-free legislation to Gov. Mark Parkinson, seven against.

Legislative records show that Rep. Kevin Yoder, R-Overland Park, was “absent or not voting.”

The yeas: Reps. Lisa Benlon, D-Overland Park; Barbara Bollier, R-Mission Hills; Patricia Colloton, R-Leawood; Dolores Furtado, D-Overland Park; S. Mike Kiegerl, R-Olathe; Marvin G. Kleeb, R-Overland Park; Cindy Neighbor, D-Shawnee; Jill Quigley, R-Lenexa; Gene Rardin, D-Overland Park; Mike Slattery, D-Mission; Sheryl Spalding, R-Overland Park; Milack Talia, D-Shawnee; Kay Wolf, R-Prairie Village; and Ron Worley, R-Lenexa.

The nays: Reps. Anthony R. Brown, R-Eudora; Owen Donohoe, R-Shawnee; Lance Kinzer, R-Olathe; Ray Merrick, R-Stilwell; and Rob Olson, Scott Schwab and Arlen Siegfreid, all Olathe Republicans.

This was one of the Legislature’s hardest fought battles – other than education funding – in years. Persistent advocates of smoke-free public places were pitted against the Republican House leadership, including Speaker Mike O’Neal, R-Hutchinson, who voted “no,” Siegfreid, speaker pro tem, and Merrick, majority leader.

Joining the fray in opposition was Rep. Brenda Landwehr, R-Wichita, chairwoman of the House Health and Human Services Committee, which handled smoke-free legislation.

That was a formidable wall to batter down.

The Senate passed the ban last year. Then it stalled in a Senate-House conference committee.

The delay was unacceptable to a wide array of health-oriented organizations and individuals who supported the indoor clean air proposal in recent sessions. Unacted upon, it was destined to die.

Supporters decided to force a vote in the 2010 session. Some nose counting showed they might have a chance, according to Joyce Morrison, spokeswoman for Clean Air Kansas, one of the groups that waged a grassroots campaign on behalf of the prohibition.

“We had a target list of 20 legislators,” said Morrison, in explaining the strategy in rounding up enough votes to carry the day.

On Feb. 25, the ban advocates took up the debate. Rep. Charles Roth, R-Salina, invoked a seldom-used procedure to obtain the successful floor vote. That broke the stalemate; the strategy worked.

Parkinson said he will sign the measure into law. It will be effective July 1.

That should please the Kansans, estimated at up to 80 percent, who do not smoke and do not want to breathe the smoke of others in public places. The state legislation will supersede all local ordinances.

Smoking will be prohibited at indoor public facilities, including work places, bars and restaurants.

Yet, the bill is not the ideal it should be. It exempts, among other places, the gambling floors of state-operated casinos, private clubs, tobacco shops and 20 percent of rooms in hotels and motels.

Nonetheless, it will help reduce Kansas’ secondhand smoke toll of 380 deaths a year.

And, given the documented evidence that smoking bans reduce heart attacks and help prevent many respiratory-related diseases, the question remains: Why did the GOP House leaders reject the legislation when public sentiment was so strong for it?

Sadly, that shows a brazen disregard for the health of the people.

Strict enforcement now is key to the success of the new law.

Contact Bob Sigman at 385-6034 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

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