NATE JENKINS / Lincoln Journal Star | Posted: Tuesday, April 12, 2005 7:00 pm
A new smoking ban in the state's capital city did nothing to persuade lawmakers in the capital building Wednesday that tight restrictions are the best thing for all corners of Nebraska.
After another three hours of heated and often meandering debate, state senators voted 19-26 to nix a proposed statewide ban on smoking in many workplaces, keeping Lincoln as the only place in the state with a strict no-smoking law. More Session 2005 stories
After the vote, Sen. Ray Aguilar of Grand Island lingered on the floor where senators had just made their decision. In a year where some lawmakers may feel liberated from normal political concerns because of term limits that will push them out the door, anti-tobacco advocates such as Aguilar had hope.
"I thought we had a real good opportunity to get something done this year," said Aguilar, who had picked the bill as his priority. "Sadly, we didn't."
The last time the full Legislature voted on a similar smoking ban, in 2001, it was shot down with a 19-29 vote. In 2000, there were more votes in favor than against the final tally was 23-19 but not the required 25 votes.
Introduced by Sen. Nancy Thompson of Papillion, LB480 was similar to those and other previous, and failed, statewide plans. Her bill would have banned smoking in many workplaces, including restaurants, but exempted bars that served just snacks or other foods that don't require preparation.
Leading up to Wednesday's final vote, Thompson agreed to some concessions she thought might garner enough support for the bill. Among them was an amendment to allow smoking in bars where minors are permitted. It was approved, but the centerpiece to her compromise plan failed.
Under it, smoking would have been permitted for the next decade in restaurants that offered keno. The smoking-law status quo also would have been maintained in restaurants at racetracks not located on state property, such as Fonner Park in Grand Island.
Opponents of a statewide ban, however, weren't tempted to Thompson's side by the amendment.
"It appears to be a compromise that makes a bad bill worse," said Sen. Adrian Smith of Gering.
It sent an illogical message, said Smith, that smoking in a public place is suddenly appropriate if it is mixed with gambling.
Sen. Pat Bourne of Omaha emerged as the most adamant opponent of the bill, mainly on the basis that it amounted to unneeded government intrusion. He often pointed to testimony from business owners, provided weeks ago during a committee hearing on the bill, that the Lincoln ban had hurt their bottom lines.
"Government should stay out of people's lives as much as possible," Bourne said.
Immediately before the final vote, Thompson pleaded with her colleagues to remember the people, such as children with asthma, who would be helped by a smoking ban. She seemed to concede defeat, however, by admitting during closing remarks the bill probably wasn't going to pass.
She belittled other senators' references to studies they said show secondhand smoke isn't as much of a health hazard as originally believed.
"We all know it's not good to breathe other people's smoke," she said.
"It's like peeing in a swimming pool. You can't control where it goes."
The future of pro-ban initiatives from state lawmakers is now more uncertain than it has been in years because Thompson, the most persistent anti-tobacco senator in the Legislature, is leaving at the end of this session before her full term is up.
"For the short-term, of course we'll concentrate on local ordinances, then figure out the lay of the land" at the legislative level, said David Holmquist of the American Cancer Society in Nebraska. Grand Island is one city now considering a smoking ban; a vote there is expected this spring.
An increasingly organized coalition of smoke-ban supporters in the state could wait until 2007 before making another push in the Legislature.
"Once term limits kick in and once we have a whole new cast of characters," Holmquist said, "it could make a difference."
Aguilar said there could be a bill introduced that would require restaurants to hang signs announcing whether or not they allow smoking.
"So people can make decisions before they even walk in the door, and somehow influence the market, Aguilar said.
Reach Nate Jenkins at 473-7223 or njenkins@journalstar.com.
Roll Call
A statewide smoking ban bill (LB480) was rejected Wednesday. The bill would have eliminated smoking in all restaurants and bars that serve food. It needed 25 votes to advance from first-round debate. The vote to advance the measure was 19-26. A "yes" vote was to advance the proposal. A "no" vote was against advancing.
Senators Voting Yes: (19)
Aguilar, R., Grand Island; Beutler, C, Lincoln; Brown, P., Omaha; Byars, D., Beatrice; Chambers, E., Omaha; Cornett, A., Bellevue; Foley, M., Lincoln; Howard,G., Omaha; Jensen, J., Omaha; Johnson, J., Kearney; Kopplin, G., Gretna; Kruse, L. Omaha; Preister, D., Omaha; Price, M., Lincoln; Redfield, P., Omaha; Schimek, D., Lincoln; Schrock, E., Elm Creek; Thompson, N., Papillion; Wehrbein, Roger R., Plattsmouth.
Senators Voting No: (26)
Baker, T., Trenton; Bourne, P. Omaha; Combs, J., Friend; Connealy, M., Decatur; Cudaback, J., Riverdale; Cunningham, D., Wausa; Engel, P., South Sioux City; Erdman, P., Bayard; Fischer, D., Valentine; Flood, M., Norfolk; Friend, M., Omaha; Heidemann, L., Elk Creek; Hudkins, C., Malcolm; Janssen, R., Nickerson; Kremer, B., Aurora; Langemeier, C., Schuyler; Louden, L., Ellsworth; McDonald, V., St. Paul; Mines, M., Blair; Pahls, R., Omaha; Pederson, D., North Platte; Raikes, R., Lincoln; Smith, A., Gering; Stuhr, E., Bradshaw; Stuthman, A., Platte Center; Synowiecki, J., Omaha.
Present Not Voting: (1)
Brashear, K., Omaha.
Other smoking ban bills
Other smoking ban bills introduced this year have all moved to the full Legislature for debate, but none have priority status. None are likely to be debated this year, but will likely see floor debate in the 2006 session:
LB6: Would extend Lincoln's total smoking to state fairgrounds.
LB604: Would ban smoking in homes where foster children less than 1-year-old are living; would also ban smoking in a private home used for licensed day care beyond the time children are present. The ban would apply 24 hours a day, every day.
LB305: Would ban smoking in buildings and on the grounds of all public and private schools serving children through high school; would ban smoking in all buildings of post-secondary schools.
Burling, C., Kenesaw; Landis, D., Lincoln; Pedersen, Dw., Elkhorn.