By Tracy Overstreet
tracy.overstreet@theindependent.com

Instead, she has proposed a ban for Grand Island that, if approved by the city council tonight, would go before voters on May 13.

The city ban would prohibit smoking in enclosed public places and within 10 feet outside the door. It's aimed at businesses, workplaces and restaurants.

"It's a fear of the state not getting it done," Haase said. "I've waited long enough, and I'm tired of waiting. I guess I'd rather have it be approved, and we'd have a smoke-free Grand Island come the first of June."

The Legislature is considering a statewide smoke-free bill. But even if it's passed, it's not expected to go into effect until 2009.

"I just decided it was time to do something," Haase said. "If I save one life, it was well worth it."

The council must approve the ballot language by March 3 for the proposal to appear on the May 13 ballot, election officials said.

But other council members and state Sen. Ray Aguilar of Grand Island think the timing of the local measure may be off.

"It's premature," Aguilar said on Monday of the city's ballot resolution.

He said a statewide smoking ban, LB395, will come before the entire legislative body on Wednesday. It will be put on select file, which is the second of three required readings and votes on the bill. During select file, lawmakers will consider removing an opt-out clause that would allow cities to bypass implementing the ban.

The state smoking-ban bill will also be modified on Wednesday to delay implementation for one year after signing, Aguilar said.

"It's to give businesses more opportunity to prepare for it," he said.

Once the changes are made, Aguilar said, the bill will be advanced to final reading to be debated again by the Legislature in about two to three weeks. He expects a filibuster but believes the measure will be passed this session.

Many on the council want to wait for state action.

"I would prefer we not get involved at this point and let the state make a statewide ban," Councilman Larry Carney said.

"Sooner or later, the smoke-free thing is going to come about," Councilman Bob Meyer said.

"But as far as the city jumping ahead of the state I can't see us doing that."

"I'd rather see it go the state level, but I'm not sure it's going to pass. I'd prefer we wait," said Councilman Tom Brown, who supports a ban.

Councilman Jose Zapata is concerned about not knowing the cost of putting the measure on the ballot particularly if a state measure is just around the corner.

Hall County Election Commissioner Dale Baker said it's hard to predict what the full cost would be, but she anticipates it to be more than $4,000 to $5,000.

If a local ban goes on a special election ballot, costs could run as high as $25,000, City Clerk RaNae Edwards said.

Councilman John Gericke likes the idea of a smoke-free community but hopes it could be handled on the state level so all Nebraska cities are on a level playing field.

Council President Mitch Nickerson said, if the matter is handled locally, it definitely needs to be a public vote, but he, too, prefers to wait and see what the state does.

If no action occurs this legislative session, Nickerson said, a local smoking ban could be placed on the Nov. 6 general election ballot.

But Nickerson does not support Haase's proposal as now worded.

"We need to focus on public places, not private businesses," Nickerson said. "It's their business decision (to go smoke-free), not a municipality's."

Councilman Bob Niemann said the risks of secondhand smoke are too great to nonsmokers and outweigh the right to smoke in public.

"I'm for just about anything that will reduce or eliminate smoking," Niemann said.

Councilwoman Peg Gilbert, a nurse and health practitioner, agreed.

She said the smoking-ban issue has been before the city council since May 2005. The council has waited for the Legislature in the past.

"I'm not willing to take the chance and let it go by again," Gilbert said.

She wants the city to move forward with its own proposal decided by the full electorate.

"I think it needs to go to a public vote," Gilbert said. "It will help those who have to make changes in their life to accept those changes."

Calls to Councilman Kirk Ramsey were not immediately returned.

On the agenda

Other issues before the city council tonight include:

Public hearing and action on the city's one- and six-year street improvement plan.

Public hearing and action on a liquor license for Hy-Vee supermarket at 115 Wilmar Ave. and Hy-Vee Gas at 118 Wilmar Ave.

Appointing Bruce Eberle to the downtown improvement board.

Approving a confidentiality agreement with Community Wind Energy Transmission Project for a 40 megawatt wind power development near Bloomfield.

Approving the assessment of $45,000 in late penalties to Chief Construction for the completion of the Law Enforcement Center being 136 days late.

Smoking ban ballot question

Shall the mayor and city council of the city of Grand Island adopt an ordinance which would prohibit smoking in all enclosed public places within the city of Grand Island and which would further prohibit smoking in all enclosed facilities within places of employment, and which would further prohibit smoking within 10 feet outside of an enclosed area where smoking is prohibited?

Vote for or against the proposal.

If you go

What: Grand Island City Council meeting

When: 7 p.m. tonight

Where: Grand Island City Hall, 100 E. First St.

Topics: Placing a smoking ban question on the May 13 primary ballot, approving the street improvement plan for 2008 through 2013.