The smoking ban bill is supposed to be considered today–at least it is on the House calendar.  The new version of the bill is not quite as broad as previous versions, but that isn’t saying much.

The state would create some prohibitions, such as on smoking in
food and lodging establishments.  An exception would exist for
businesses that hold a mixed beverage license and only allow people 21
years of age or older into the establishment.  A lodging
establishment can have smoking guest rooms, as long as no more than 20%
of the guest rooms are for smoking.  These exceptions don’t have
to apply if a local government wants to create more restrictive laws on
food and lodging establishments.   

This bill would allow local government to restrict smoking in “public places” and “places of employment.”  A public place means “any enclosed or other area that is accessible to or shared by all persons.” 
This likely would mean that a city could make it illegal to smoke while
walking down a sidewalk or standing outside a building.  “Place of
employment” means “an enclosed area under the control of a
public or private employer that employees normally frequent during the
course of employment.”  What about home businesses?  What
about homes?  If I run a business out of my house, and assume I’m
the only employee, why doesn’t this fit into the definition of places
of employment?  I’m a private employer that employees (me)
frequent during the course of my employment?  If I have a second
employee, it clearly fits the definition.

The “public places” provision along with the “place of
employment” provision apparently means a local government can restrict
smoking in all private businesses.   I can’t think of any
exceptions, but maybe there are.

I also wonder in regard to the “public places” definition
whether a local government can restrict smoking in cars as long as the
cars are on local roads and parking lots (roads and lots usually are
“accessible to or shared by all”).

Overall, a good bill.  It provides a nice balance between infringing on property rights and infringing on economic rights.