Statewide smoking ban terms brokered by lawmakers

Smoking would be prohibited in restaurants, taverns and virtually all workplaces in Wisconsin starting in July 2010, under a compromise announced Wednesday by state lawmakers.

After years of debate, legislative leaders said they reached a deal on a statewide smoking ban that could pass both houses next week and be signed into law by Gov. Jim Doyle.

The announcement came after lawmakers brokered a compromise between advocates for a strict ban and the Tavern League, a powerful lobbying group that has opposed a statewide ban in the past.

Bill supporters agreed to delay implementation until July 5, 2010, so that bars would have time to prepare for the change. They also agreed to exempt the handful of existing cigar bars and all tobacco retail shops. In addition, the ban would not apply to Wisconsin casinos because the Native American tribes that run them are sovereign nations.

Virtually all other workplaces, including bowling alleys, factories and restaurants, would be required to go smoke-free. Hotels also would not be allowed to have any rooms with smoking allowed. Restaurant and bar owners still could set up smoking areas outside their businesses.

The plan would replace the patchwork of local ordinances restricting smoking that have been passed in dozens of communities across the state. Cities such as Madison, Appleton and Eau Claire already havebanned smoking in all workplaces, and other communities have more limited restrictions.

Wisconsin would be the 26th state to ban smoking in all bars and restaurants, advocates say. Three of its neighboring states — Iowa, Illinois and Minnesota — already have approved bans.

Smokers who violate the ban would be fined between $100 and $250. Bar owners would not be fined as long as they take steps to prevent smoking in their establishments.

Tavern League President Rob Swearingen credited Sen. Jon Erpenbach, D-Waunakee, with negotiating a deal that was “palatable” to his group and those pushing for a stricter ban. He said the delayed implementation was critical so the economy could turn around before some bar owners would be faced with a potential loss of income.

“This will be an adjustment to my members, and when I talk about my members, I talk about the 5,000 mom-and-pop taverns across the state of Wisconsin,” he said at a news conference. “We are hoping it will not be too much of a hardship on them.”

Doyle had included a smoking ban in his state budget proposal but lawmakers thought it should be debated on its own and held public hearings on separate bills this week.

Erpenbach said Senate Majority Leader Russ Decker, who had been sympathetic to concerns raised by the Tavern League in the past, pushed for a compromise so the Senate could pass it next week.

In turn, Erpenbach hammered out the deal with lawmakers and groups ranging from the Tavern League to the American Cancer Society.

Assembly Speaker Mike Sheridan, D-Janesville, said he expected the bill to pass his chamber with bipartisan support. Doyle released a statement saying he was pleased with the deal but stopped short of promising to sign it.

Supporters of a strict ban, including Senate President Fred Risser, D-Madison, said they wished it would be implemented before next July but were pleased with the deal.

“In my opinion, the bill still meets its main objectives: a statewide smoking ban for all Wisconsin workplaces, including all bars and restaurants, and no special phase-ins for any group,” Risser said. “As soon as this bill takes effect, it will start saving lives of our citizens and saving money for our taxpayers.”

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