Minnesota Legislature / Stricter smoking ban gets nod

02/27/2007

Senate committee strips out changes, restores tougher language


BY RACHEL E. STASSEN-BERGER
Pioneer Press


The move to ban smoking in all the state's bars and restaurants is back to full strength and headed for the full Minnesota Senate soon.

The Senate state and local government committee passed the measure on a 7-4 vote Monday. It likely will be up before the entire Senate within a couple of weeks.

"It's really great to have the bill back in the condition that really creates the protection from secondhand smoke and toxins," said Sen. Kathy Sheran, DFL-Mankato.

Last week, the Senate jobs and economic development committee weakened the measure. It allowed smoking in establishments that serve liquor if they have ventilation systems in place to filter the air. It also forbade local governments from enacting stronger smoking bans than the statewide measure.

In its first action on the bill Monday, the state and local government panel stripped out those changes.

Ban proponents argued there is no scientific proof ventilation systems protect people from the harm of secondhand smoke.

"Scientific group after scientific group after scientific group tell us that ventilation is not the solution to the problem," Sheran said.

But others, including bar owners, argued that allowing smoking in places with ventilation gives bars that would otherwise be harmed by a smoking ban a fair shake.

"I'm always willing to compromise," said Sen. Jim Vickerman, DFL-Tracy, who opposed Monday's move to change the measure.

Backers of the ban, including representatives from Minnesota cities, also supported allowing local governments to restrict smoking in places where the statewide measure would not.

Sen. Ann Rest, DFL-New Hope, said local officials know their communities' values and should therefore be allowed to restrict smoking in places where the state measure would not. The statewide ban, she said, should be a floor, not a ceiling, on the restrictions.

That didn't convince Sen. Chris Gerlach, R-Apple Valley.

If local governments can set their own rules on smoking, he argued, that would negate the level playing field the statewide ban would grant bar and restaurant owners, some of whom operate in cities with bans and in neighboring cities without bans.

Allowing governments to go further than the state move creates a "Wild West out there," Gerlach said.

The committee approved the move to strengthen the ban on a 6-5 vote.

If it becomes law as it left the committee Monday, the measure would ban smoking in bars, restaurants, private clubs and on public transportation.

A similar measure is still wending its way through the Minnesota House. That bill will be heard in front of the House Commerce and Labor Committee on Thursday.

Gov. Tim Pawlenty has said he would sign a statewide smoking ban if it reaches his desk.