Smoking ban bill dies in House
March 9, 2004
An Ames ordinance prohibiting smoking in bars and restaurants will remain unenforced, as an Iowa House bill allowing city regulation of smoking died in committee last week.
The chairman of the subcommittee assigned the bill decided not to advance it to the House floor for discussion, despite support from two of the three subcommittee members and activists from across the state, said Rep. Donovan Olson, D-Boone, a subcommittee member.
“Many people called regarding the subcommittee meeting [where the bill was discussed], and the Attorney General spoke for and against it,” Olson said. “[However,] leadership decided not to bring the bill forward.”
The bill was not passed on because of its supposed detrimental effect on businesses, said James Hahn, R-Muscatine, and chairman of the subcommittee.
“[The bill] had too many things in it that took too much away from entrepreneurs who need to make decisions for themselves,” he said.
Thursday was the last day for bills to come out of committee for discussion and passage by the whole House. Failed bills must wait until the next legislative session to be reintroduced.
The bill, House File 2004, allowed local laws regarding smoking, such as a city ordinance, to be adopted and enforced even if they were more restrictive than the Iowa Code.
In 2001, Ames was the first city in Iowa to pass such an ordinance, prohibiting smoking in restaurants and bars from 6 a.m. to 8:30 p.m. The law was enforced until May 2003, when the Iowa Supreme Court ruled in favor of eight restaurant owners who claimed the ordinance conflicted with state law.
The restaurants’ legal bills were paid by tobacco giant Philip Morris USA, Inc., Sen. Herman Quirmbach, D-Ames, said in May.
Tobacco companies and business lobbyists fought against the bill at the subcommittee meeting, Olson said, though they were outnumbered by supporters of the bill.
“I’d venture to guess three-fourths of those who showed up came in support,” Olson said.
George Belitsos, director of Ames Youth and Shelter Services and member of the Story County Tobacco Task Force, was active in supporting the bill.
“Next year will be the year I think it sails through. This year we had just put together a coalition of different organizations,” he said.
Olson said he was not so confident about the bill’s future.
“In my estimation, as long as the [Republican] leadership is in power, this bill will not come to the floor,” he said.
All 100 seats of the House are up for re-election this year.
Unlike the smoking ban bill, a bill requiring registration of beer kegs passed out of committee and has a good chance of approval by the House, said Rep. Jeff Elgin, R-Cedar Rapids and chairman of the bill’s committee.
“I feel confident that compromises made are successful,” Elgin said.
“I don’t see any reason why it shouldn’t be favorable to the House.”
The bill would require registration of all kegs larger than five gallons, so buyers could be tracked if a keg was found in the possession of minors.