By Rachel Whitten
March 22, 2011
(KansasReporter) TOPEKA, Kan. – A measure to end smoking in state owned casinos escalated Tuesday into a full blown debate in the Kansas House over
House members Tuesday afternoon gave initial approval to a bill that would delete the casinos’ exemption from the statewide smoking ban. A final vote expected Wednesday will determine whether the measure is sent to the Senate, where it would face a more uncertain future.
Legislators last year voted to allow smoking in state-owned casinos on the theory it would keep those casinos competitive with Native American owned gaming facilities, which allow smoking on casino floors.
Proponents of House Bill 2340 this year said the casino exemption was unfair to privately owned businesses which are subject to the ban. The idea behind the bill is equalization, said state Rep. Kelly Meigs, a Republican from Lenexa who carried the bill on the house floor.
The bill will make it so state owned facilities are subject to the same law as other Kansas businesses, Meigs said.
State Rep. Randy Garber, a Republican from Sabetha, proposed an amendment that would have allowed local businesses to decide whether or not to allow smoking on their premises, effectively overruling the smoking ban. The amendment sparked a lengthy debate over public health versus freedom of business.
“The smoking ban has only been on the books for nine months, we haven’t had the opportunity to realize the health benefits of it yet,” said Rep. Mike Slattery, a Democrat from Mission.
Rep. Amanda Grosserode, a Republican from Lenexa, said the debate should be left up to business owners and customers.
“I have never been a smoker, however I support the right of those who smoke,” Grosserode said. “I vote with my feet. If there’s a restaurant or a business that allows smoking, I don’t need to be someone who frequents that establishment.”
The Garber amendment to let business owners decide whether or not to allow smoking failed on a 51 to 69 vote.
Another amendment brought by Rep. Bill Otto, a Republican from LeRoy, would have allowed local units of government to decide if their local state-owned gaming facility should allow smoking on the casino floor.
“If this smoking ban passes it will have a negative impact on our economy,” Otto said. “At least give the local people the right to opt out so we can continue making the money.”
But opponents to the amendment said the state should have control over these types of issues.
“We don’t leave most important health issues under local control,” said Rep. Charlie Roth, a Republican from Salina. “This is a very important health issue and for that we need the state to exercise the option of running the regulation.”
It's not clear how much the state's 22 percent share of revenue from the state owned gaming facilities could be impacted if the smoking exemption is done away with.
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