by T.W. Budig
ECM capitol reporter

One local freshman Senate Democrat found it a tough vote — another as easy as it can be.

Statewide smoking ban legislation passed the Senate Health, Housing and Family Security Committee on Monday (Feb. 5), and senators John Doll, DFL-Burnsville, and Sen. Sharon Erickson Ropes, DFL-Winona, voted on opposite sides.

"It's an easy vote for me," said Ropes, a registered nurse.

She argued the bill, which proponents laud as protecting workers from the dangers of second-hand cigarette smoke, levels the playing field among restaurants and bars by being statewide.

Additionally, it protects the public, she noted.

Not only does the bill prohibit smoking in public places — restaurants, bars, bowling alleys, other — it extends the proposed ban to vehicles and private residences under certain circumstances.

It carries penalties, making it a misdemeanor for an owner or manager to knowingly allow smoking on their premise.

Doll, who voted with Republicans against the bill, expressed concern about taking choices out of the hands of adults.

"I'm not locked in against it," he said, speaking after the hearing.

"Something in here," said Doll, putting a hand on his chest, "just doesn't feel right yet about it."

Doll spoke of the bill being further refined before hitting the Senate floor.

Republicans managed to stick only one minor amendment onto the bill, dealing with its title.

Sen. Betsy Wergin, R-Princeton, offered an amendment to provide a smoking license for businesses, the fee being based on seating.

Wergin rejected the idea the legislation would craft a level marketplace, pointing out that tribal casinos remain unaffected.

She also argued the ban was really a property rights issue.

But Wergin's amendment failed.

Sen. Paul Koering, R-Fort Ripley, offered an amendment that would have walled-off smoking sections in bars and restaurants and mandated ventilation systems.

"I'm just trying to have a compromise here," said Koering.

But Koering's attempt at amending the Freedom to Breathe Act of 2007 — the name commonly used if technically stricken — also failed.

The committee on a voice vote passed the bill.

Senate Health, Housing and Family Security Committee vote was the first committee vote for the bill in the Senate.

The House late last week passed its version of the smoking ban bill out of one committee.

A wide variety of people spoke both in support and against the smoking ban bill.

Bernadette Chlebeck, commander of an American Legion Post in Coon Rapids but speaking as a private citizen, argued passage of the bill could prompt veterans who dislike second-hand smoke to visit their local veterans clubs.

Betzy Gaetz, a restaurateur from Waite Park, testified rather than hurt their business their decision to go smoke-free is making them money.

"If more businesses go to smoke-free I'll lose some the business I've gained," she said.

But Sue Jeffers, a Minneapolis bar/restaurant owner who challenged Gov. Tim Pawlenty in the primary and is communication director for the Minnesota Tavern League, dismissed the idea of a level playing field being ushered in by the proposed bill.

"Prohibition did not work the first time and it will not work now," she said.

There's always a state border, a casino, and noncompliance to ensure a smoking ban will bring winners and losers, Jeffers argued.