Tom Loftus

Louisville

FRANKFORT, Ky. –

The Kentucky House passed a statewide smoking ban bill on Friday — the first time in history that either chamber of the General Assembly passed a such a sweeping restriction on smoking.

House Bill 145, which would ban smoking in workplaces and indoor public places, passed 51-46. But it faces a tough road in the Senate.

The measure passed after it was amended to exempt cigar bars and private clubs including VFW halls.

Another amendment, which House Speaker Greg Stumbo said was important to gaining enough votes for the bill to pass, states that the new state ban would not apply in localities that already have smoking ban laws.

Health advocates celebrated the vote, but expressed concern about the amendment allowing local government smoking restrictions — some of which are more lenient than those in HB 145 — prevail.

"We're happy. We think it's very historic that for the first time ever the Kentucky House voted for a smoke free workplace law," said Amy Barkley, chair of the Smoke-free Kentucky Coalition.

But Barkley said advocates hope to remove the amendment that lets local smoking ban laws prevail over a statewide ban. She said she is concerned that counties and cities that see a statewide ban coming, may now quickly pass ordinances less restrictive before HB 145 would take effect in July.

Susan Zepeda, chief executive of the Foundation for a Health Kentucky, noted Kentucky has a higher incidence of lung cancer and other smoking-related diseases than any other state. Zepeda called the House vote "a step toward greatly reducing Kentuckians' exposure to secondhand smoke."

The bill's chief sponsor, Rep. Susan Westrom, D-Lexington, emphasized that point during the House's hour-long debate Friday. "The reality is 950 people in this state every year die from secondhand smoke related illness," Westrom said.

Opponents argued that the bill would allow unconstitutional government infringement into the decisions of private businesses. Rep. Brian Linder, R-Dry Ridge, said, "I deplore smoking. ... But my love for liberty is greater."

Friday's debate saw defeat of several amendments to weaken the bill, including one that would have exempted electronic cigarettes.

In the end the bill passed with the votes of 42 Democrats and nine Republicans, including Minority Floor Leader Jeff Hoover, of Jamestown.

Senate President Robert Stivers, R-Manchester, said later Friday, "I don't think there's the support in this chamber to pass it." Stivers said the bill might not make it out of committee, and that he did not know which committee will consider it.

Barkley acknowledged, "We definitely face a tougher battle in the Senate. But we have some significant support, including from a couple Republicans who are leading the way for us in the Senate."