www.ThadKBartley.com

The government should stay out of our lives. Let us decide which establishments to shop based on smoking or not. Let us decide if we want to live through a crash or not by letting US decide whether to wear a seatbelt or not. Personally, I would wear it, but don't force us. Let the mobile phone industry decide how to implement stops to texting and driving. Leave us alone!

"D-DAY IS NEAR FOR SMOKERS

What you need to know about state's ban

By Edie Ross - The Hutchinson News - eross@hutchnews.com 

Thursday could be the second coming of New Year's Day for many Kansans as laws go on the books that could effectively help them kick some habits.

Most prominently, the statewide smoking ban will go into effect, prohibiting smoking in Kansas workplaces, bars and restaurants.

But other laws will take effect that day as well, including one prohibiting texting while driving, one raising state sales tax and one allowing police to stop a vehicle if the driver, front-seat passenger or anyone under 18 is not wearing a seat belt. 

While some of the new laws are pretty self-explanatory, others - like the smoking ban - bear some explanation. Here's what readers - whether they are business owners or customers - need to know about the Kansas Indoor Clean Air Act. 

Business owners: 

The Kansas Department of Health and Environment suggests a few tips to comply with the new Kansas Indoor Clean Air Act. 

* Adopt a written smoking policy to prohibit smoking and communicate it with all current employees and new employees upon hiring.

* Remove ashtrays and matches from the premises. 

* Post a no-smoking sign. Signs are available for free download at www.KSsmokefree.org. The law does not specify how the requisite 10 feet at entrances and access points where smoking is prohibited be marked, said Ginger Park, media and policy coordinator for the Kansas Department of Health and Environment's Kansas Tobacco Use Prevention Program. Therefore, business owners can mark that area as they see best. 

* If someone is violating the smoking policy, ask them to stop. If they refuse to stop, refuse service and ask them to leave. If they refuse to leave, notify law enforcement. Local law enforcement has the authority to enforce the ban. 

* A business owner who knows smoking is occurring and is allowing it to occur can be fined. A business owner who is not aware that a customer is smoking, or who, when becoming aware of the smoking, has told the customer he must stop and taken appropriate action to that end, would not be fined.

* Fines are as follows: First violation: $100 or less. Second violation within one year: $200 or less. Third and additional violations within one year: $500 per violation or less. In most communities, smoking ban violations will be prosecuted through district court. 

Customers: 

* If you violate the smoking ban and refuse to stop when a business owner asks, you are subject to removal from the business and fines.

* If you see an individual violate the smoking ban and want to report it, talk to the business owner. 

* If you see a business knowingly violate the smoking ban and want to report it, call your local law enforcement agency. Smokers: 

* Smoking will be banned in places of employment, restaurants, bars and within 10 feet of any doorway open window and air intake of establishments where smoking is prohibited. It also is prohibited in taxicabs and limos, restrooms, lobbies, hallways and other common areas in both public and private buildings, including hotels and motels, condos and other multiple-residential facilities. 

* Smoking will still be allowed in tobacco shops, casinos and race tracks, some hotel/motel sleeping rooms, designated areas of private outdoor clubs where minors are prohibited, such as golf clubs or hunting clubs and class A and B private clubs licensed with the state. Class A private clubs include nonprofit social, fraternal or war veterans' clubs. 

In the case that a Class A or B private club holds a public event, such as a dance or a bingo night, the building must be smoke-free during the public event, Park said. 

Also exempted from the ban are outdoor areas of any building beyond the access points of the building, private homes and residences - except when used for a day care. Private apartment homes and any adjoining balconies also are exempted. 

Kansas will enact 119 new laws on July 1, including the following: Texting while driving: The law prohibits a person who is operating a motor vehicle on a public road or highway from "texting" on wireless phones, including writing, sending or reading a text message. A person may text when the vehicle is stopped off of the regular traveled portion of the roadway, in an emergency situation, to report current or ongoing illegal activity and to prevent imminent injury to a person or property. Law enforcement officers will be required to issue a warning citation for violation until Jan. 1, 2011. The fine for unlawful text messaging will be $60. Primary safety belt requirement: This bill amends state law to require every occupant of a passenger car manufactured with safety belts to wear a safety belt."

Hutchinson News - June 30, 2010