By Mark Bennett
TERRE HAUTE — Most of my favorite lines from the 2001 money-chase movie “Rat Race” were uttered by Jon Lovitz. But one from co-star Breckin Meyer is memorable, too.
Trying to persuade a female helicopter pilot at the Las Vegas airport to help him pursue a $2-million prize sitting in a locker 563 miles away in Silver City, N.M., Meyer’s character tells her, “My grandfather used to say that good things take time, but great things happen all at once.”
Hoosiers anxious to breathe clearer air in public places probably hoped that credo was true last week.
That’s when an amendment for a statewide smoking ban made its way into a state health-care bill, which was then passed by an overwhelming 86-12 margin by the Indiana House of Representatives. That move is only one step in the lawmaking process. The health-care bill now goes back to a Indiana House and Senate conference committee, where the legislators will negotiate which of its details stay in, get changed or are yanked.
The health-care idea is no shocker. It’s similar to a plan by Gov. Mitch Daniels to raise cigarette taxes by at least a quarter a pack to fund health insurance for low-income Hoosiers.
The unanticipated amendment to ban smoking in many enclosed public places across Indiana did stun lots of people inside and outside the Statehouse. Rep. P. Eric Turner, a Republican from Gas City, proposed the amendment on Monday, and his fellow House members adopted it into Senate Bill 503 on a voice vote. The next day, they OK’d the overall bill.
A great thing happening all at once? On Wednesday, Turner wasn’t claiming that. But he was definitely gratified by the bipartisan support the amendment received.
“I don’t think this is a bipartisan issue at all,” Turner said by telephone from his office. “I know lung cancer is not. It affects Democrats and Republicans.”
Opinions among lawmakers on a smoking ban are “all over the place,” said John Schorg of the House Democratic Caucus. “This is not in any way a partisan issue.”
That became apparent to Turner as he considered a ban in Indiana. He discovered that 21 states have already enacted smokefree workplace laws — some are politically red, and some are blue. Statewide smoking bans go into effect this spring in Arizona and New Mexico. Maryland’s General Assembly just passed one last week. Legislatures in Texas, Pennsylvania, Minnesota, Wisconsin, Iowa, New Hampshire, Oregon, Tennessee, Alabama and North Carolina are mulling bans now. So is Illinois, where it awaits a House vote after the state Senate approved it last month.
“We are expecting that to probably pass,” said Bronson Frick, associate director of Americans For Nonsmokers’ Rights, a nonprofit group based in California.
The chances of Indiana joining the list are not so sure. In fact, the House sponsor of the health-care bill — Rep. Charlie Brown, a Democrat from Gary — told the Tribune-Star’s Sue Loughlin last week that he would probably try to pull the smoking ban amendment. Brown is concerned its inclusion could doom the overall bill. He also fears the ban’s current language could prohibit smoking in gambling casinos. (There are two casinos near Gary.)
Brown also thinks the concept of a statewide smoking ban merits “full-blown debate and discussion,” rather than such a last-minute amendment. He’s right. But that doesn’t diminish the value of Turner’s attempt, and it certainly doesn’t guarantee an ideal outcome. Vigo County knows that.
The county commissioners dragged their feet on the issue for more than two years, before finally passing an ordinance in 2006. It’s due to take effect on July 1. As a result, the potential statewide ban puts Vigo County in a unique and ironic position.
One of the selling points of Turner’s idea is that it is “a modest statewide smoking ban.” It prohibits people from lighting up in enclosed public places, sports arenas and places of employment, but exempts bars, truck stops, private clubs and functions. Turner also said that, while he prefers casinos become nonsmoking areas, he was open to negotiate on that exception.
Now, 22 Indiana cities and counties already have municipal smoking bans in place. The proposed statewide ban would not replace more stringent local ordinances. Under his statewide ban, a community law “cannot be weaker, but it can be stronger,” Turner said.
Then he added, “I can’t imagine a smoking ban being more modest than this.”
Well, there is. And that’s why some Vigo County businesses, especially restaurants, are hanging fire right now. Changes and compromises made to the original proposed ordinance left the final approved version allowing restaurants the choice of maintaining a separate smoking room. Those rooms must be separated by walls and doors from the nonsmoking areas of a restaurant.
Turner’s statewide ban would prohibit smoking in all restaurants. Thus, the Vigo County businesses that have decided to build walls and create a smoking room are now wondering if their plans will become moot. If the stronger, original ordinance had been passed, this predicament wouldn’t be happening now.
With rising health-care costs, Indiana’s high rates of smoking, cancer and heart disease, and the growing national trend toward statewide bans, the Hoosier state will eventually end up with a similar law. And Turner deserves credit for having the courage to find a way to get this debate started from Angola to Evansville.
The voice vote by the House members backing his amendment impressed Turner. He’s been in the Legislature long enough (since 1982) to remember nearly two decades ago when ailing lawmaker Jack Mullendore, wearing an oxygen tank, “pleaded with the House of Representatives not to allow smoking in the Statehouse.” They turned him down, Turner said.
The 86-12 vote for the bill containing his amendment pleased Turner, too.
“The fact that this got 86 votes is a pretty strong statement,” he said.
But, as Frick — a Brown County native — pointed out, this proposed ban needs tightening and revisions to avoid confusion and lawsuits, and to best ensure workers’ health. “As it’s written, it’s unclear whether this law would be a step forward,” said Frick. All of that updating would have to be done before the Legislature adjourns on April 29.
It’s ironic that Indiana, according to the Americans For Nonsmokers’ Rights, had more cities and counties pass local clean air ordinances in 2006 than any other state except Illinois. Yet, we may be among the last to do so on a statewise basis. Vigo County waited while others acted, and now we’re in limbo.
Turner’s initiative is likely to be cut this year. Nonetheless, the state needs to get his idea, hash it out fully, and then get something on the books during the next legislative session.
Mark Bennett can be reached at mark.bennett@tribstar.com or (812) 231-4377.
