News Release

February 21, 2008

     The Iowa House debated the state wide smoking ban bill this past Tuesday evening. The debate took five hours and the bill passed on a final vote of 56-44. The debate was spirited as several substantial amendments were offered and ultimately defeated on very close margins.

     Proponents of the legislation argued in favor of the bill on the grounds of public health and safety. The floor manager used the extrapolated number of 440 to make the case that this legislation would save that number of Iowans from dying of second hand smoke each year. As passionate as proponents were in their support for the bill, the proposal had an egregious flaw that caused many members to vote “no” on final passage. That flaw was a section in the bill that exempts casinos in Iowa from the law. Two serious attempts were made on the floor to address this blatant double standard. One amendment would strike the casino exemption and equally apply the smoking ban everywhere. That amendment was defeated on a vote of  50-50. The second amendment would have provided the same exemption to local, small businesses that are restricted to people age 21 and older. These businesses are small bars and taverns which are located in small towns and cities across Iowa. This amendment also was defeated on a vote of 51-49.

     Representative Lance Horbach (R) of Tama offered two piercing statements during debate. The first statement was with regard to exempting casinos from the smoking ban in order to protect casinos and the state of Iowa from financial loss. Representative Horbach remarked that the casino exemption shows Iowans the “price at which legislators’ principles can be bought!” His second stinging remark was in regard to the public’s growing cynicism of elected officials. He said, “This is why people view us as politicians rather than legislators”. Representative Horbach was “on the mark” with his criticism!

     There were other problems with the bill that legislators tried to fix through amendments that were offered on the floor, but they were defeated on partisan votes. The most noticeable problem aside from the casino exemption was the smoking ban’s effect on farmers who will be required to ban smoking even in the cabs of their tractors and combines if their farming operation is incorporated.

     The bill did pass on a vote of 55-44. I voted no on the bill given the overtly unfair exemption to casinos. I did not believe that proponents could argue in favor of the bill on the grounds of public safety and at the same time exclude the thousands of casino employees and casino patrons from this same protection. The bill faces an uncertain fate in the Iowa Senate.

     My contact information during session is (515) 281-3221 or rod.roberts@legis.state.ia.us.