The fiery debate over the ban on smoking was further fueled Tuesday with another piece of contentious legislative kindling as State Sen. Fred Risser, D-Madison, announced intentions to introduce his "Smoke-Free Workplace Act."
The Smoke-Free Workplace Act, if passed, would prohibit smoking in all workplaces statewide, while integrating the current smoking restrictions already implemented in the cities of Madison, Appleton and Shorewood Hills.
"In essence, my bill would make statewide the provisions of Madison's ordinance," Risser said. "In the interest of health and of enjoying life, it's a good deal."
While some characterize smoking bans as restrictive, promoting provisions that unfairly target businesses, others view such bans as necessary protective measures. Nine other states, including New York and California, have instituted similar statewide bans.
"One of the principle issues is the issue of health," Risser said, citing bar workers' dangerously increased risk of contracting cancer, adding, "Eighty to 85 percent of people don't smoke, and to have them subjected to second-hand smoke is untenable."
Additionally, Risser pointed to his legislation's positive effect on businesses.
"It's also a business issue," Risser said. "[The act] would put all businesses on equal footing."
According to Risser and other Democrats, including Rep. Spencer Black, D-Madison, smoking bans will ultimately have very little negative impact on bar turnout — despite the fact some customers will be lost, others will be gained.
"I know a number of people who don't go to [certain] places because they have to go home and fumigate themselves," Risser said.
Conversely, many Republicans remain adamantly opposed to the expansive smoking ban, pointing to it as a monolithically restrictive initiative, citing negative impacts Madison businesses have encountered with the local smoking ordinance.
"It's obvious to anyone who's paying attention [Madison businesses are being hurt]," Mike Prentiss, spokesperson to Sen. Scott Fitzgerald, R-Juneau, said. "[Businesses] are losing customers … being forced to let employees go and reduce shifts. They're hurting."
Most Republicans in the state Assembly instead back a less extensive ban on smoking, the "Smoke-Free Dining Act," or AB 414, which, according to Brian Pleva, legislative assistant to Rep. Jeff Fitzgerald, R-Horicon, would restrict smoking in restaurants, the dining areas of bars and most bowling alleys.
Authored by Rep. Fitzgerald, AB 414 would not apply to all workplaces, as Risser's bill intends, but rather limit its application to these three types of businesses, a factor Republicans herald as the only fair solution.
"[AB 414] strikes the right balance of where society is [by] continuing to protect people in most public places but also allowing businesses to choose for themselves," Prentiss said, pointing to the preservation of prohibitions in places like schools and elevators.
On a largely party-line vote of 48 to 45, the Smoke-Free Dining Act passed narrowly in the Assembly over the summer, with many Democrats challenging such prohibitions did not go far enough to ban smoking.
"The fact of the matter is most [work]places are already smoke-free," Pleva contended, calling the bill a "compromise legislation."
Other Democrats were anything but satisfied, charging the Smoke-Free Dining Act as nothing more than a clever misnomer with preemptive intentions.
"It's called the Smoke-Free Dining Act, but [it] really would have the opposite effect," Black said. "[The bill] prevents cities from adopting stricter ordinances."
Risser also identified AB 414's title as misleading, terming it "meaningless" and a "concoct[ion] by the bill's supporters".
On the contrary, Prentiss pointed to Risser and other Democrats' criticism of AB 414 as "ironic" and the impending introduction of the bill's Democratic counterpart as "hypocritical."
"It's bad when we're taking local control away in a way [Risser] disagrees with and good when we're taking local control away in a way he agrees with," Prentiss said. "They rest almost solely on their argument that local governments should be able to make up their own minds. Now they take the same local control away they've been claiming to protect."
However, Risser dispelled this argument, stating AB 414 would "preempt cities' rights to control smoking" and void Madison's current smoking ban.
"My bill would adopt a state law," Risser said. "It has nothing to do with preempting city ordinances."
The Smoke-Free Dining Act is proceeding through the Legislature and is expected to face a Senate vote next Tuesday, while the Smoke-free Workplace Act is also moving through the legislative process, entering the beginning stages without delay.
"It's been drafted and is being circulated among my colleagues to see who wants to sponsor it," Risser said. "We intend to introduce it this next week."

