Lawmakers change smoking ban

Lawmakers on Tuesday drastically altered an indoor smoking ban bill then restored it back to much of its original form.

The long day for SB19 began when the House weakened the bill by exempting most private clubs from the proposed smoking ban and then shifted the bill's focus from indoor to outdoor smoking restrictions. The bill passed by a 59-16 vote.

But the changes were unacceptable to the bill's sponsor, Sen. Michael Waddoups, R-West Jordan, and a joint conference committee was convened to hammer out a compromise.

"I need to have the (other private clubs) put back in," he said, noting he was willing to compromise on prohibitions on outdoor smoking even though he never considered extending the ban that far.

"That is beyond where I was talking," Waddoups said.

In the end, the committee did away with many of the House modifications, keeping only a section that was overlooked in the Senate and a section that delays implementation of the ban.

"There were many (representatives) I talked to that really liked (the outdoor ban)," said Curtis Oda, R-Clearfield, who proposed the changes in the House but lost them in committee.

But the cost to local government of $197,000 and to state government of $600,000 to implement the outdoor ban killed it.

"You guys have to convince your colleagues to take it out, because we can't afford it," Waddoups said in committee.

Oda also wanted to keep the ban away from private clubs, noting it's been done in other states and that the clubs would be hit with rising insurance costs if it were to pass.

"This is an industry that's constantly under attack; they're having a hard time making a profit," he said.

The bill does keep House changes that will allow clubs and taverns time to implement the new restrictions. They now have until Jan. 1, 2009, to become smoke free, while all new clubs and taverns will immediately have to follow the ban. Country clubs and fraternal organizations, also included in the ban, will have until Jan. 1, 2007 to abide by the bill.

Another change from the House would end an exemption that allows private schools to have an area where teachers could smoke after hours and extend the ban to child-care facilities that are not subject to licensure or certification. Waddoups said both parts of the amendment were overlooked by the Senate.

Despite the compromised bill looking more like the original Senate version, Brad Last R-St. George, said he thinks the bill has a good chance of passing in the House.

"We (now) give businesses the time to get ready, and that helps (with the representatives)," he said. "I think they were confused on the floor when the substitute was thrown out there. They thought they were being more tough than they were."

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