The arguments have seemingly been made a thousand times before, but that didn't diminish the debate Thursday about whether the state should take control of the smoking ban issue.

Less than two months after Lincoln enacted a citywide smoking ban, dozens of people testified before the Legislature's Judiciary Committee about a bill (LB730) by Sen. Pat Bourne of Omaha that would preclude cities from enacting smoking bans that are tougher than existing state law. More Session 2005 stories

The Nebraska Clean Indoor Air Act allows businesses to choose whether to allow smoking, ban it or allow it in designated areas.

Bourne said he introduced the bill because he is concerned that Nebraska could end up with a hodgepodge of local smoking bans.

Bourne's measure would be retroactive, meaning it would invalidate Lincoln's ban.

Bourne said he thinks his bill would provide "uniformity and consistency" across the state and that bans like Lincoln's impinge on the rights of business owners.

"For a community to ban or regulate how a business conducts its business in this regard is too much government intervention," Bourne said. "I don't believe that is the function of government. I have a philosophical belief that government should stay out of people's lives, businesses and homes to the extent possible."

Among those opposing the bill was Mark Welsch, president of the Omaha-based Group to Alleviate Smoking Pollution — or GASP.

He said the tobacco industry does not want cities to pass smoking bans.

"They want to fight … at the state level — not at the city level — because they can wield much more influence," he said. "They have multiple paid lobbyists throughout the country in all the state capitols trying to curry favor for their side of this issue."

Sen. Ray Aguilar of Grand Island continually confronted supporters of the bill on the costs to the state of treating people who develop heart and lung disease from smoking.

"The state picks up the tab on the health-care costs," he said.

A citywide smoking ban approved by voters in Lincoln went into effect on Jan. 1.

Mary Rauner, manager of B.C.'s Pub in Lincoln, said she has been tracking 25 bars since the ban took effect, and they reported that their business is down an average of about 25 percent.

Sen. Mike Friend of Omaha said Nebraska should ban all tobacco products or the government should stop taking the taxes it collects on tobacco.

"We are a state full of hypocrites," Friend said.

Omaha Mayor Mike Fahey recently vetoed a smoking ban passed by the City Council.

The Omaha ban would have applied to all restaurants and other public meeting places except bars that do not have a kitchen, existing keno and membership organizations like veterans' clubs, and the local horse racing track.

Fahey had vetoed the ban because he wanted to prohibit smoking in all public places in the city.

Councilman Marc Kraft, who had originally proposed the Omaha ban, said he will introduce another ban after the city's elections in May.

Another bill (LB480), by Sen. Nancy Thompson of Papillion would eliminate smoking in all restaurants and bars that serve food. But Thompson also offered an amendment that would extend the ban to all workplaces in Nebraska — including bars.

A motion to kill the bill failed in the Health and Human Services Committee.