Despite lengthy debate and proposed amendments, the state Senate killed an attempt to institute a statewide smoking ban Wednesday and failed to garner the needed support for a final vote.
Assembly Bill 414 would have allowed smoking in bars and the bar areas of certain restaurants. One of three amendments passed the full body, but the bill still received a vote of non-concurrence. The approved amendment would have allowed cities with tougher smoking ordinances—including Madison and Appleton—to keep their current laws on smoking.
This doesn't apply to restaurants with 50 patrons or less, so it's a pretty good loophole,\ said Senate Minority Leader Judy Robson, D-Beloit. ""[The bill] prevents a community from having an ordinance that is stricter than state law, and the proposed amendment is fairly weak.""
Opponents of the bill argued the decision should be made at the local level. Other opponents said the bill was too weak and a statewide law should resemble the Madison or Appleton smoking ordinances.
State Sen. Fred Risser, D-Madison, opposed the entire bill, claiming it was not strong enough and did not do enough to protect public health.
""The issue is whether or not you want to promote health,"" Risser said. ""We have … the legal right to smoke, but we don't have the legal right to intentionally harm others. Society has a duty to make the workplace as safe as possible.""
Mike Prentiss, spokesperson for state Sen. Scott Fitzgerald, R-Juneau, the bill's author, said AB 414 was introduced to create a blanket law for the entire state.
""[Fitzgerald] drafted the bill in response to the growing trend we've seen of local governments in some parts of the state enacting differing smoking policies that have created a kind of patchwork of regulation,"" Prentiss said. ""It's definitely an item that could be introduced in the next legislative session, but for this session … it's not going to be passing.""
Risser said he has another bill he wants to propose similar to the statewide smoking bans in California and New York.
""My bill, in effect, would adopt the Madison plan statewide,"" Risser said in a phone interview. ""That would [mandate] smoke-free bars, restaurants and work places.""
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