Pubdate: Mon, 05 Jan 2004
Source: Messenger-Inquirer (KY)
Copyright: 2004 Messenger-Inquirer
Contact:  http://www.messenger-inquirer.com
Details: http://www.mapinc.org/media/1285
Author: James Mayse, Messenger-Inquirer

PRE-FILED FARM BILLS COVER BROAD AREA

Smoking Bans, Tighter Meth Laws to Be Debated

When the Kentucky General Assembly's House agriculture committee
convenes this week, it will have a diverse slate of bills to consider.
But the most interesting bills before the committee only deal with
agriculture in a peripheral way.

Some of the pre-filed bills attempt to further tighten access to
anhydrous ammonia, a fertilizer that's illegally used in the
production of methamphetamine, and increase the penalties for people
caught in possession of meth ingredients.

Perhaps the most sweeping bill before the House committee is by Rep.
Dottie Sims, a Horse Cave Democrat. Sims' bill would "prohibit local
governments from prohibiting the use of tobacco and tobacco products
in public and private areas." The bill will also amend statutes
already on that books to "remove the option of local governments to
adopt smoking policies in governmental office buildings and
workplaces."

Sims said municipal smoking bans, such as the ban passed by the city
of Lexington, have an economic impact on state tobacco growers.

"I think it hurts the farmer," Sims said last week. "I'm in a highly
dependent area on tobacco."

Sims said, if passed, the bill would rescind any anti-smoking bills
already put in place by Kentucky city and county governments. Sims
said she left the bill intentionally broad, and said other additions
might be made to the bill later.

"Everybody talks about, 'you're taking away (nonsmokers') rights ...
but what about the person who wants to sit down and smoke?' " she
said. "I think the farmer has gone through so much. (Smoking bans are)
just putting another burden on them."

Carol Roberts, executive director of Kentucky Action, a state tobacco
control organization, said she opposes any legislative effort to take
away the right of governments to put smoking bans in place.

"We believe local entities should have the right to control their
smoking policies," Roberts said. "We certainly believe local entities
should have local control.

"Lexington has made such progress" through its smoking ban, Roberts
said. "It has received such attention for making this bold move. To
roll it back would be a step in the wrong direction."

Rep. Brent Yonts, a Greenville Democrat, has filed two bills in the
agriculture committee that deal with methamphetamine. The first bill
would require businesses that sell anhydrous ammonia to put fences
around their ammonia storage tanks. Not securing anhydrous ammonia
tanks, Yonts said, creates economic hardships for rural counties.

"A constant influx of people from outside the state with five or six
propane tanks are coming into farm supply stores and stealing
anhydrous ammonia," Yonts said. When suspects are caught stealing
anhydrous ammonia, the county where they are caught ends up paying the
cost to jail them.

"It's breaking the counties financially, because it's a local crime,
not a state crime," Yonts said. Yonts' bill would place financial
penalties on farm supply stores that do not put fences around their
anhydrous ammonia tanks.

Yonts also pre-filed a bill that would amend the law dealing with
possession of methamphetamine ingredients. The statue currently states
a person is guilty of manufacturing methamphetamine if he "possesses
the chemicals or equipment" to make the drug.

The Yonts bill would amend the law to "specify that possession of two
or more chemicals or two or more items of equipment with intent to
manufacture methamphetamine" would be the legal standard for finding a
person guilty of manufacturing the drug.

Yonts has a similar bill in another committee that would make a person
guilty of manufacturing methamphetamine if caught in possession of
five or more ingredients.

"The two bills on meth are responding to an interpretation by the
Supreme Court," Yonts said. The court, he said, ruled "you had to have
all (the ingredients) to be guilty of manufacturing."

His bills, Yonts said, would make it easier for prosecutors to try
people accused of manufacturing methamphetamine, if intent to
manufacture the drug is proved.

"Prosecutors like the two or more (bill), and defense (attorneys) like
the other bill, or say there don't need to be any changes made," he
said.

Yonts said a similar "two or more" meth bill has been pre-filed by
Rep. Jack Coleman, a Burgin Democrat. Yonts said he has not yet begun
gathering sponsors for the bills he has filed in the agriculture category.
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MAP posted-by: Richard Lake