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Less than a week after the governor signed an indoor smoking ban into law, House committee members were considering changes to the prohibition.
House Bill 2741 would move the date when most of Kansas would go smoke-free back six months to Jan. 2, 2011, from the current July 1 date.
The bill, which had a sparsely attended, last-minute hearing Wednesday in the House Federal and State Affairs Committee, would also reduce the distances people had to be from entryways and windows to smoke at some bars to 3 feet instead of the current 10 feet.
The measure also would create an exemption for nonprofit organizations to hold cigar- or smoking-related events, such as Father H. Setter's annual fundraisers in Wichita.
The changes "would weaken the bill and reduce the public health benefit we were anticipating," said Chris Masoner of the American Cancer Society, who testified Wednesday.
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The state taxation committee may vote Thursday on whether to recommend an increase in the tobacco tax.
The tax includes a $.55 tax on a pack of cigarettes but also a hefty tax on cigars.
The Humidor, cigar shop and lounge in west Wichita just opened up in November but owner Jason Webster fears an increase in the tobacco tax may force his entire investment to go up in smoke.
"With the way they have it written right now we would be gone there's no way to stay in business if this goes through," said Webster.
The bill would raise the tax on cigars from 10% to 40% enough to force even loyal customers like Joe Rulo to take his business to the internet.
Proposals to increase taxes on cigarettes, tobacco and alcohol would hit convenience stores hard, Thomas Palace, executive director of the Petroleum Marketers & Convenience Store Association of Kansas, told The Topeka Capital-Journal. As the Senate Taxation Committee considered hikes to the state's cigarette and tobacco taxes Wednesday, he joked that he considered wearing a big bull's-eye to the Capitol.
Faced with a deepening budget shortfall that now exceeds $400 million, lawmakers are trying to find ways to close the gap, said the report. The committee heard testimony on a bill that would raise the tax on cigarettes by 55 cents per pack to the national average of $1.34. It also would increase the tax on tobacco products, such as cigars and chewing tobacco, to 40% from 10%. The increased taxes could bring in an estimated $69.5 million in new tax dollars, according to the report..
Alan Jilka describes his 2002 vote in favor of a partial ban on smoking in restaurants as the single most controversial vote in his 12 years on the Salina City Commission.
Monday, Kansas Gov. Mark Parkinson thanked the commissioners who supported that measure, saying it demonstrated that businesses could survive a public smoking ban, making it easier for lawmakers to enact a similar ban statewide.
"So whatever heat you took was worth it," Parkinson said. . . .
There are critics of the measure who still cite business owners' rights to make their own determination as to whether their customers should be allowed to smoke. A few more than a dozen protesters, some with signs, were lined up outside the health department Monday, waiting for Parkinson to arrive. Salina police officers were watching for any disturbances.
Parkinson said the bill stands for fundamental change "that will have the result of saving thousands of Kansans' lives in the future. People who might be against what we've done, we're going to save their lives, maybe their kids' lives, maybe even their grandkids' lives. You don't get a chance to do that very often."
In his remarks, Parkinson cited Roth and Democrat Lisa Benlon, D-Overland Park, as key advocates for the measure in the House. They helped lead a bipartisan coalition, together with numerous health advocates -- doctors, nurses and health professionals.
"Would the Legislature do the right thing or yield to the tobacco industry?" Parkinson asked. "When tested in this way, this year, Kansans won, the special interest groups lost, and Kansans got the clean air that they deserve."
The sky didn't fall
Parkinson said the research is quite clear that thousands of people die due to exposure to secondhand smoke, and new research is exposing stronger links between heart attacks and strokes.
What wasn't clear from banning smoking in most public places was the effect it would have on businesses, the governor said. So it was really great to have Salina pass a comprehensive indoor clean air ordinance banning smoking.
“So whatever heat you took was worth it,” Parkinson said.
Parkinson spoke briefly at a ceremonial bill signing in Salina for the new public smoking law. As he signed a copy of the measure, Jilka, Debbie Divine and Kristin Gunn — all former commissioners and mayors — together with a group that included current commissioner Norman Jennings, stood watching over his shoulder.
Governor Mark Parkinson, joined by state and local representatives, signs the state-wide smoking ban into law, in the city where it all started.
"I just wanted to come and say thank you. You made our job of persuading the legislature much easier because of what you did 4 or 5 years ago."
Back in 2002, Salina was the first city in Kansas to pass a clean air ordinance. City commissioners who passed Salina's ordinance, also played an important part in the state-wide ban.
City of Topeka hearing officer Kendall McVay has levied Hot Pockets tobacco shop owner Jim Suwalski a $50 fine after ruling he violated the city's smoking ban ordinance.
McVay issued a ruling dated Friday concluding Suwalski violated the ordinance's intent, which is to recognize that "the need to breathe smoke-free air should have priority over the choice to smoke."
Suwalski said a notice of the ruling was received Monday by his attorney, Bruce Harrington. Suwalski said he wouldn't pay the fine and planned to file a lawsuit to try to get the decision overturned. . . .
Suwalski -- to test the ordinance -- smoked a cigarette in front of police in his 10-by-10-foot tobacco shop, Hot Pockets Retail Cigarette Outlet. The shop is located inside Hot Pockets Billiards and Sports Bar, 1909 N.E. Seward, which Sharon Suwalski owns. The tobacco shop has no walls. Its boundaries are marked off by duct tape.
The ruling against Jim Suwalski, owner of Hot Pockets tobacco shop, was issued Monday.
Suwalski was cited in January for smoking a cigarette inside his tobacco shop. The shop's boundaries are marked off with duct tape inside the Hot Pockets bar owned by his wife.
Advocates for the Clean Air Act won a small victory in Topeka Monday.
James Suwalski, owner of Hot Pockets Retail Cigarette Outlet, was fined for not complying to a no smoking ordinance in the city. Suwalski smoked a cigarette within his wife's neighboring establishment called Hot Pockets on January 20, 2010. The two business have no walls separating them.
This year, Kansas will grant its citizens an incredible gift -- the opportunity to breathe clean indoor air. Thanks to a historic vote by your legislature, most bars, restaurants and workplaces in the Sunflower State will be smoke-free by July 1. That means the vast majority of your residents will be protected against the harmful effects of secondhand smoke, whether they are at work or enjoying a meal.
We applaud the leadership of Governor Mark Parkinson and the many individuals and organizations who are committed to making a smoke-free Kansas a reality.
This action stems from science. . . .
With this new law in effect, Kansas will be saving lives, saving money, and protecting its residents. It now joins 23 other states, the District of Columbia and scores of municipalities in passing similar laws. Passage of such laws can change the social norm toward health and prompt smokers to reconsider the benefits of quitting. If you still smoke, cessation help is available at . You can also talk to your doctor about programs and medication or call 1-800-QUITNOW (1-800-784-8669).
Kansas has taken a public and powerful step toward public health. The state should know that its efforts are being recognized nationwide as the country moves toward a smoke-free future.
Kansas Governor Mark Parkinson has signed into law a statewide ban on smoking in public places, hailing the law as victory for people concerned about clean air. The ban, which Parkinson signed today (FRI), takes effect on July 1. The governor says it's good news for the health of Kansans.
Gov. Mark Parkinson said the smoking ban he signed into law on Friday represented a win for the public and the process.
“Kansas won, special interests lost,” Parkinson said to cheering clean air advocates who crowded into the south wing on the second floor of the Capitol for the signing ceremony.
After four years of work, the Legislature approved the bill last month. Under the measure, smoking will be prohibited in most indoor public places, such as restaurants, bars and work areas.
The law takes effect July 1 and will replace many local bans, such as the one in Lawrence.
Gov. Mark Parkinson signed the statewide indoor smoking ban Friday amid a celebratory crowd of legislators, lobbyists and cancer survivors.
Then he turned and handed the ceremonial pen to former Sen. David Wysong, a Mission Hills Republican who began championing the initiative four years ago.
"This pen belongs to Sen. Wysong," Parkinson said as the crowd cheered again.
Parkinson said Wysong, who resigned from the Legislature before the start of the 2010 session, kept the bill alive through struggles, eventually seeing a positive vote come out of the Senate last year. The House approved the bill this session. . . .
Among those watching the signing was Lee Horgan, a Topeka man who plays in dance bands. Horgan said he was thrilled when Topeka's ban was enacted. Two of his family members have died of lung cancer, but he said he quit smoking 30 years ago.
As for those whining that this was another "nanny state" move, tell that to the people who get sick from exposure to second-hand smoke. Tell that to the people who work at establishments that have allowed smoking to go on for years.
A smoke-free law isn't a nanny state move: Its a good way to protect the health and welfare of Kansans.
Good for the legislature in passing the measure and good for Parkinson in signing it.