Smoking ban nearer completion

By Mark Fischenich
The Free Press

April 27, 2007 10:02 pm

— Rep. Kathy Brynaert supported the Freedom to Breathe Act from start to finish, calling it a public health issue and a policy her constituents clearly support.
Rep. Laura Brod opposed it and voted for every amendment aimed at weakening it, saying it’s an unnecessary intrusion on the rights of private business owners.
Rep. Tony Cornish supported amendments aimed at limiting the bill’s reach but voted for the final bill, contending that a representative’s job is to bring the voice of the people to the Capitol and most of his constituents want to eliminate smoking in bars and restaurants.
“It was a tough one,” said Cornish, R-Vernon Center, who has sympathy for the arguments about private property rights.
But with about 54 percent of people he surveyed supporting the ban, and with his own desire to have a uniform law one way or the other across Minnesota, he joined other lawmakers in passing the bill 85-45 Thursday night.
Cornish isn’t particularly worried about the ban putting bars out of business, something claimed by some opponents of the legislation.
“They’re going to step outside for a smoke,” Cornish said of smokers after the ban is enacted. “If there’s an impact, it’s not going to be for long and (business) will come back.”
For Brynaert, DFL-Mankato, it was easy to support the legislation and she served as a co-sponsor. Not only does she think it’s a good idea to protect bar and restaurant employees from second-hand smoke, but Mankato voters already showed their strong support for the idea in a referendum the same day she was elected to the House.
“It’s a really important law,” she said. “And obviously coming from Mankato, I feel empowered by the citizens to support the Freedom to Breath Act.”
Brynaert worries more than Cornish about the impact of the ban on some bars. Not all will be harmed, but some will, she said.
“We have to figure out how to help them with the transition, both as a local community and as a state,” she said.
Brod’s basic philosophy of government ultimately prevented her from supporting the bill.
“In my view, the private property owner should be able to make the decision without the government telling them to go smoke-free,” said Brod, R-New Prague.
If any government restrictions are going to occur, Brod prefers that they come from the city or county level because those units of government understand their local economies the best, she said. And Brod thinks the marketplace would eventually push smoking out of most bars and restaurants anyway as customers become less and less tolerant of smoke-filled establishments.
“The market is already taking care of this issue,” she said.
But Brod expects to lose this battle. In the Senate, where the smoking ban was sponsored by Mankato Sen. Kathy Sheran, an even stronger version of the legislation was passed 41-24 a month ago.
A conference committee will be assigned to work out a compromise version of the bill to be voted on again by the House and Senate. Republican Gov. Tim Pawlenty has indicated he will sign it into law.
“I think it has a very, very good shot at becoming law,” Brod said.

How they voted:
The Minnesota House dealt with dozens of amendments to a proposed statewide smoking ban during eight hours of debate Thursday. Here are a few of the proposed changes to the bill and how area lawmakers voted:

n Prohibit smoking in bars unless the bar gets less than 50 percent of its sales from food and it constructs a smoking room that is a completely separate, fully enclosed room — and where no bar employees can enter.
Amendment passed 81-52.
Voting in favor: Rep. Kathy Brynaert, DFL-Mankato; Rep. Terry Morrow, DFL-St. Peter.
Voting against: Rep. Laura Brod, R-New Prague; Rep. Tony Cornish, R-Vernon Center; Rep. Brad Finstad, R-New Ulm; Rep. Bob Gunther, R-Fairmont; Rep. Connie Ruth, R-Owatonna.

n Allow smoking in indoor areas with certain heavy ventilation systems.
Amendment failed 58-75.
Voting in favor: Brod, Cornish, Finstad, Gunther, Ruth.
Voting against: Brynaert, Morrow.

n Allow unlimited smoking in tobacco shops (defined as retail establishments that derive at least 90 percent of their revenue from the sale of tobacco and tobacco paraphernalia).
Amendment passed 74-58.
Voting in favor: Brod, Cornish, Finstad, Gunther, Ruth.
Voting against: Brynaert, Morrow.

n Prohibit the smoking of marijuana at a place of employment.
Amendment passed 132-1.
Voting in favor: Brod, Brynaert, Cornish, Finstad, Gunther, Morrow, Ruth.
Voting against: Rep. Phyllis Kahn, DFL-Minneapolis.

n Allow smoking in certain bars on the Iron Range to provide “historic preservation of bars from the twentieth century.”
Amendment (offered by Rep. Tom Rukavina, DFL-Virginia) failed 31-102.
Voting in favor: Brod, Cornish, Finstad, Gunther.
Voting against: Brynaert, Morrow, Ruth.

n Prohibit smoking anywhere within the state of Minnesota.
Amendment (offered by Rep. Dennis Ozment, R-Rosemount) failed 3-130.
Voting in favor: Rep. Bruce Anderson, R-Buffalo Township; Rep. Michael Beard, R-Shakopee; Rep. Neva Walker, DFL-Minneapolis.
Voting against: Brod, Brynaert, Cornish, Finstad, Gunther, Morrow, Ruth.

n Change the effective date of the smoking ban from Jan. 1, 2009, to Nov. 1, 2008 (three days before all members of the House will be up for re-election).
Amendment (offered by Rep. Marty Seifert, R-Marshall) failed 45-84.
Voting in favor: Cornish, Finstad, Gunther, Ruth.
Voting against: Brynaert, Morrow.
Not voting: Brod.

n To approve the smoking ban legislation, which passed 85-45.
Voting in favor: Brynaert, Cornish, Gunther, Morrow.
Voting against: Brod, Finstad, Ruth.