ST. CHARLES COUNTY • Cities and counties with local smoking bans would face stiff financial penalties under a Missouri House bill submitted recently by a group of St. Charles County lawmakers.
The measure would require cities or counties to turn over to local school districts the property and sales tax revenue they get from businesses affected by tobacco restrictions.
The bill’s main sponsor — Rep. Kathie Conway, R-St. Charles County — said she’s trying to protect the rights of owners of bars, restaurants and other businesses to decide for themselves whether to allow smoking.
“If these municipalities and counties are going to hurt the income of small businesses, maybe their bottom line should be affected as well,†Conway said.
Moreover, Conway said, the public schools could use the extra money.
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The bill, which was introduced April 2 and given a House committee hearing Thursday, is opposed by the Missouri Municipal League and anti-smoking groups. With only a month left in this year’s legislative session, the bill’s chances of passage aren’t great.
Richard Sheets, the league’s deputy director, said the measure would punish all residents of a city or county by denying them tax revenue for municipal services.
Sheets said he believes it was filed mainly to send a message to officials in St. Charles County as they consider local smoking bans.
Sheets also objected to the state imposing its will on the smoking issue.
“This is a local issue that should be vetted through the local process of elected representatives,†Sheets said.
Stan Cowan, a board member with Tobacco-Free Missouri, said the bill “is essentially trying to intimidate city and county governments to slow down or not pass smoke-free ordinances.â€
Cowan also questioned whether the bill would violate the state Constitution by transferring some local tax revenue from its intended purpose.
Although the bill would apply statewide, St. Charles County lawmakers have provided most of its initial support.
Seven other GOP House members from St. Charles County signed on as co-sponsors with Conway. The only co-sponsor from another area is Rep. Penny Hubbard, D-St. Louis.
Conway put the bill’s chances at “50-50 at best†but said she’ll try again next year if she fails this time around.
“It’s not just to start the conversation but to make some of the communities aware of my concern for the businesses,†she said.
Another sponsor, Rep. Doug Funderburk, R-St. Peters, said the bill is “only fair†because government smoking bans are “dictating to private entities.â€
The St. Charles County Council last year voted to put on the November ballot a two-question countywide smoking ban package, but that was blocked by the county elections director and a circuit judge. The package’s sponsor wants to try again next year.
Meanwhile, the St. Charles City Council recently decided to hold hearings next month on a city smoking ban that likely would exempt the Ameristar Casino.
O’Fallon and Lake Saint Louis are the only cities in the county that now have smoking bans.
Bans also are in effect in St. Louis and across St. Louis County. Pam Walker, St. Louis’ acting health director, said it’s unjust for the Legislature “to come in after the fact to impose a financial cost on what is clearly a local decision.â€
Conway said before the House committee takes up her bill for a vote, she plans to reword it so it affects tax revenue only from bars, restaurants, bowling alleys, casinos and other entertainment-related businesses covered by smoking bans.
She said she doesn’t intend for it to cover tax revenue of large companies whose workplaces might be subject to local-government smoking bans.
