Staff and wire reports

The ban will go into effect June 1, 2009, if the bill is signed by Gov. Dave Heineman.

It may well go into effect the same day even if he doesn't. Thirty-four of the Legislature's 49 senators voted for the ban. It takes 30 votes to override a veto.

Heineman said he needs to review the bill before making a decision, which may not be announced until late next week.

"Does a public health issue override an individual's and business' concern of how much should government intrude in their lives?" Heineman said. "I'll weigh those issues."

The Grand Island City Council moved forward last week with a May 13 primary election vote for a citywide smoking ban in Grand Island. If approved, the citywide ban would go into effect June 1.

Councilwoman Joyce Haase proposed the citywide ban ballot language because she didn't want to take the chance that the state wouldn't take action.

Previous attempts to pass a smoking ban have come close but fizzled out. Opponents of the bill (LB395) from Sen. Joel Johnson of Kearney tried to thwart this one by using a filibuster.

They gathered little support.

"If they can make the bars in Dublin nonsmoking, I think we can make them nonsmoking in Nebraska as well," said Johnson, a retired physician.

He and other supporters have argued that a ban could be the most effective public-health move in the history of the state, preventing the spread of smoking-related diseases such as cancer by shielding people from secondhand smoke.

Barring a Heineman veto and failed override, Nebraska will join 21 other states with similar bans, according to the American Lung Association.

"This is probably, on a scale of one to 10 of how strict smoking bans are, probably a nine," said David Holmquist, government relations director with the Nebraska chapter of the American Cancer Society. "I think this is absolutely one of the most important things any Legislature can do" for public health, he added.

Cities and counties couldn't opt out of the ban, which covers bars, restaurants and all other workplaces in the state except for retail tobacco shops and places where smoking research is done. Hotel rooms also would be exempt.

Some accused Johnson of trickery because he reached a deal last year to include an opt-out provision in his bill. The opt-out clause allowed the bill to advance through the Legislature, but then Johnson backed out of the deal, saying he couldn't support the exception.

But by that time, the measure had already advanced to a final vote.

"He played the game and pulled the levers and put the smoke out to conceal what's going on to get it where it is," Sen. Philip Erdman of Bayard said before the final vote Friday.

Others said the measure trampled the rights of business owners to let patrons engage in a legal practice.

"I don't know who's going to be able to sell a bar in outstate Nebraska" with the ban, said Sen. Russ Karpisek of Wilber. "The locals need to have a say, and definitely the business owners need to have a say."

The manager of what used to be a popular hangout for smokers before Lincoln's ban was approved three years ago said business owners across the state may not have a lot to worry about.

"At first it was difficult to deal with, but if the ban affects everybody, what do you do?" said Jim Hametis, manager of Kuhl's Restaurant in downtown Lincoln. Business was down the first six or so months of the ban, but returned to near normal levels.

"It hasn't gone down enough to complain about," he said.