Staff and wire reports

A year after they appeared to reach a compromise on a statewide smoking ban which came after several years of debating similar bans senators were at it again on Wednesday. And there's no end in sight.

The question state lawmakers are struggling with: Should city councils and county boards, along with local voters, be able to opt out of a statewide smoking ban, should one be approved?

They didn't answer the question Wednesday but did delay a final vote on the smoking ban bill (LB395) so they have the option of removing an opt-out clause now in the measure.

The lack of a legislative decision Wednesday made Grand Island City Councilwoman Joyce Haase more pleased that she and the majority of her council colleagues moved forward with a May 13 primary election vote for a citywide smoking ban in Grand Island.

Haase proposed the citywide ban ballot language that was approved by the Grand Island City Council on Tuesday night. If approved, the citywide ban would go into effect June 1.

"I've been getting calls at home and at work congratulating me and congratulating the council for having the backbone to do this," Haase said Wednesday. "I'm not a gambler and I didn't want to take the chance of the state not taking action."

The city had until March 3 to approve language for a May 13 vote.

"I just want a smoke-free summer," Haase said.

Last year, the Legislature was speeding toward approval of a smoking ban that included the opt-out provision. But Sen. Joel Johnson of Kearney, the bill's sponsor, changed his mind about a compromise he had agreed to and pulled the bill off the agenda before a final vote. The compromise was to include an opt-out provision for cities and counties, and it helped him muster the support needed to get the bill past two rounds of debate.

"I came to deeply regret my decision," Johnson, a retired surgeon, said Wednesday of the compromise he agreed to last year.

Some lawmakers seemed to regret reaching a deal with Johnson last year at all.

Sen. Deb Fischer of Valentine said she was deeply distressed by Johnson's efforts to delay a final vote on the bill Wednesday. The delay allowed senators to begin debating an amendment from Johnson that would remove the opt-out clause.

They did not vote on the amendment. The ban would go into effect a year after approval.

Most senators weren't offended by Johnson's attempt to rework the bill into a strict, statewide ban that couldn't be avoided by cities and counties.

"We change our minds every day. We have the right to do that," said Sen. Ray Aguilar of Grand Island.

Johnson said many local officials have asked him to remove any opt-out clause, fearing it could cause a mishmash of smoking rules from town to town.