The Iowa House passed the Smoke Free Air Act by a vote of 56-44 last week. I was on the losing side of this bill as I voted NO on the bill. I will explain why I am opposed. The intent of House File 2212 is to protect the health of Iowa employees and the public by reducing their exposure to second-hand tobacco smoke, which annually kills an estimated 440 people in Iowa and makes thousands ill.

Prior to the bill being debated on the floor of the House, the American Lung Association, the American Heart Association and the American Cancer Society asked me to speak at a news conference and rally. Following are the basis of my remarks at that news conference which aired in the Des Moines media market.

The US Surgeon General has declared there is no safe level of exposure to secondhand smoke. Our goal should be to protect everyone's right to breathe smoke free air. But this bill fails to do that. Instead, this bill treats casino workers as second-class citizens not deserving the same right as others. Perhaps we should title the bill, the Partial Smoke Free Air Act.

Some have argued that this issue should be addressed through local control, while others have said we should go with a statewide law. It isn't an either or solution. When we start making exemptions to the statewide law, local control becomes all that more important. The statewide law should set the floor and not the ceiling. Right now we have 35 communities in Iowa ready to enact more restrictions on smoking in public places than the state currently allows.

I have introduced legislation for the past seven years that would allow for local control of smoking in public places. If a community wants to pass a stronger ordinance to protect the health and rights of casino workers to breathe smoke free air, they should have the authority to do so. The tobacco industry and their allies are phenomenal at finding loopholes in smoke free legislation, and local control provides a community with the authority to close such loopholes to ensure that the health of their residents and visitors alike will be protected.

Thirty-five states have local control over smoke free policies including our neighbors, Illinois, Wisconsin, Minnesota, Missouri, and Nebraska. Only two states have passed a statewide ban without first having a local control provision in place. And, one of those states, recognizing the mistake, enacted local control legislation the year after passing a statewide ban.

Local control allows for meaningful local debate and education at the community level, and it allows communities to decide how to best protect the health of their residents. Not giving communities local control over smoke free policies is a deal for the tobacco companies and their allies.

I will vote for a smoke free air act if it contains no exemptions. If there are exemptions, then a local control measure needs to be a part of the legislation. That’s why I voted NO last week on HF 2212.

The bill will now go to the Senate for its consideration. Last year, the Senate passed a local control bill. Hopefully, they will add a local control provision to the House version, which exempts casinos. If it comes back to the House with local control I will be able to vote in favor of the measure.

I look forward to another very busy week working at the Capitol for my neighbors of House District 29. You can write me at the State Capitol, Des Moines, IA 50319; call me at 515/281-7328 or e-mail me at  ro.foege@legis.state.ia.us.

Ro

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