The statewide smoking ban that soon will be signed by Gov. Mark Parkinson was the topic of discussion at Wednesday’s city commission meeting.
The statewide ban differs from Emporia’s year-old smoking ordinance in a number of ways, and that will affect how the law will work in town, according to City Attorney Blaise Plummer.
The Emporia ban was approved by city commissioners in December 2008, after which a referendum was forced by petition. The ban was approved by voters last April, and because it was a referendum issue, Plummer said, the city can’t change it for a period of 10 years.
As a result, the Emporia ban will remain in effect, and the state law will be observed as well when it goes into effect on July 1.
“When the state legislates on an area and the city legislates on the same area, ... we can be more restrictive than the state law, but we can’t go beyond state law in a more liberal direction,” Plummer said. “We can’t otherwise alter state law.”
In effect, the state law will apply in most cases, but the city ordinance will apply in cases in which it is more restrictive. For example, state law allows nursing homes and care centers to designate smoking areas, whereas the Emporia ordinance bans such practices.
In the other direction, the local ordinance allows smoking near employee entrances, but the state law bans smoking from within 10 feet of any entrance. In this case, the state law will apply.
Another difference between the two is that the state law allows hotels and motels to designate 20 percent of rooms as smoking rooms; Emporia’s ban does not exempt such establishments.
In other matters, commissioners worked through a light agenda in which they:
• Signed a proclamation naming April 22 as Exoduster Descendants Day in Emporia.
• Recognized the city’s finance committee, consisting of City Treasurer Janet Harrouff, Internal Auditor Don Anderson, Margaret Hanson and Ulli Wallace, for being recognized by the Government Finance Officers Association with a Certificate of Achievement for Excellence in Financial Reporting to the City of Emporia. The finance department has received the award for 24 consecutive years.
• Adopted goals for 2010 and the year ahead.
youngncrazy (anonymous) says...
So what does that mean for hotels? Im not coprehending this I guess.
March 4, 2010 at 2:26 p.m. ( permalink | suggest removal )
biscuitboy (anonymous) says...
Sounds to me like it means which ever law that allows the least opportunity for a smoker to partake of an otherwise legal....and heavily taxed....product, is the one we will get. Another great day for individual freedom.
I can't wait for the day when all smokers finally have the courage to quit and leave this hypocritical bunch scrambling to find another cash cow to milk dry.
March 4, 2010 at 5:59 p.m. ( permalink | suggest removal )
snowbird (anonymous) says...
If the public was honestly and truthfully informed about the effects of second-hand smoke, there would be fewer no-smoking laws in this country.
A little smoke from a handful of crushed leaves and some paper that is mixed with the air of a decently ventilated venue is going to harm or kill you?
There has never been a single study showing that exposure to the low levels of smoke found in bars and restaurants with decent modern ventilation and filtration systems kills or harms anyone.
As to the annoyance of smoking, a compromise between smokers and non-smokers can be reached, through setting a quality standard and the use of modern ventilation technology.
Air ventilation can easily create a comfortable environment that removes not just passive smoke, but also and especially the potentially serious contaminants that are independent from smoking.
Thomas Laprade
March 4, 2010 at 9:19 p.m. ( permalink | suggest removal )
reddog (K. B. Thomas Jr.) says...
When I use to smoke, some people would tell me that it was bothering them and I tolds them, "if you think you got it bad, its killing me."
March 4, 2010 at 9:32 p.m. ( permalink | suggest removal )
reddog (K. B. Thomas Jr.) says...
When City Commissioners see me, I know what they are thinking, "this guy has a problem for our solution."
March 4, 2010 at 9:46 p.m. ( permalink | suggest removal )
solong (anonymous) says...
Can't wait till smokers have to pay higher rates for their health insurance, just like they do for life insurance and a poor driver has to pay more for automobile insurance. Smokers are driving my health insurance rates up and should have to pay for their poor choices. I can think of alot of other areas where people may finally have to pay for their unhealthy habits in what is fast becoming a new era of accountability due to fiscal realities. I don't care what you do, just don't expect me to pay for it when things go bad and it's obvious you could have handled things better. Educate yourself and you will make better decisions.
March 5, 2010 at 11:16 a.m. ( permalink | suggest removal )
koalemos (anonymous) says...
solong, I always mark NO when they ask if I smoke. It is really none of their business. Oh and none of yours either.
You are really going to feel stupid when you are lying in bed dieing from nothing.
March 5, 2010 at 1:22 p.m. ( permalink | suggest removal )
biscuitboy (anonymous) says...
koalemos
Love it....lol
March 6, 2010 at 5:16 a.m. ( permalink | suggest removal )
seriouslyfolks (anonymous) says...
More doctors smoke Camels(the cigarette not the animal).
http://www.youtube.com/watch?v=gCMzjJ...
March 6, 2010 at 8:58 a.m. ( permalink | suggest removal )
neighbor (anonymous) says...
solong, please explain to us how a smoker and or over weight person that responsibly pays their own bill can possibly have any affect on your insurance rates? You would support taxing all smokers and heavies no matter what based solely on your biased opinion of those folks? People like yourself are why insurance rates are high, they should(and do) tax stupid.
March 6, 2010 at 9:20 a.m. ( permalink | suggest removal )
koalemos (anonymous) says...
People who don't smoke are far more active than smokers which places non-smokers in a higher risk category for sports related injuries and or automobile accidents as they travel from one activity to another. Therefore, non-smokers and athletes are costing society much more in health related expenses than us couch potatoes AND they don't pay tax on their dangerous habits. It's a proven fact so quit it with all that smokers more for health care and keep an eye on your yard monkeys so I don't have to foot the bill for their emergency room visit with my cigarette tax.
March 6, 2010 at 12:55 p.m. ( permalink | suggest removal )
oh4theluvof (anonymous) says...
"Can't wait till smokers have to pay higher rates for their health insurance, just like they do for....."
Umm...they do!! At least every health insurance company I've ever had has asked me if I smoke, for how long, if I ever did for how long, etc. They do that to help determine my premium or if they are even going to accept coverage on me at all.
March 6, 2010 at 1:26 p.m. ( permalink | suggest removal )
les_herschler (anonymous) says...
Man, I needed a good laugh today. Thanks folks.
March 6, 2010 at 2:14 p.m. ( permalink | suggest removal )