Public health advocates are asking legislators to support a statewide ban on workplace smoking, while a restaurant owner predicted that extending the ban to bars would spark an uproar among their owners.

"You can talk about all the (health) studies you want. When it's my business, affecting my place and the value of that business and the money I take home to feed my family … their personal feelings are very strong," said Bill Shalhoob, a Bismarck restaurant and motel owner and spokesman for the North Dakota Hospitality Association.

Shalhoob spoke Wednesday at a meeting of the Legislature's interim Criminal Justice Committee, which plans to consider legislation that would impose a statewide ban on workplace smoking.

Rep. Carol Niemeier, D-Buxton, asked Wednesday that a bill be drafted to implement the ban. The committee will consider it late next month. Last year, the North Dakota House rejected a proposal to ban smoking in public buildings and most private businesses that cater to customers.

Supporters of a workplace smoking ban told lawmakers on Wednesday that the move would cut overall tobacco use, and lessen the disease risk for nonsmokers who breathe cigarette smoke.

"The choice for the nonsmoker to avoid smoking environments is not realistic. It cannot be done," said Janel Schmitz, director of the American Lung Association of North Dakota. "Leaving the decision to business owners is not realistic. Too many of them will fail to protect their employees."

Dr. Nicholas Neumann, a lung doctor and professor at the University of North Dakota's medical school, said secondhand smoke is a known cause of cancer, and even brief exposures to it can have harmful effects.

"There is no doubt, from a scientific perspective, that secondhand smoke in the workplace is detrimental to the health of employees," Neumann said.

The legislative committee is examining the issue in light of an April legal opinion, issued by Attorney General Wayne Stenehjem, that concluded North Dakota's labor commissioner has authority to ban workplace smoking.

The power derives from a 1919 state law that makes it a crime for employers to maintain working conditions that are "detrimental to (the) health or morals" of workers, Stenehjem said.

In response, Labor Commissioner Mark Bachmeier said he believed the Legislature should address the issue before the Labor Department proposes new rules. The Criminal Justice Committee was then assigned to study the topic, and make a report in November.

North Dakota's Labor Department normally enforces state minimum wage and work rules, and has deferred to the federal government on health and safety regulation in the workplace, Bachmeier said.

Sen. Tom Trenbeath, R-Cavalier, said he doubted the 1919 law would withstand judicial scrutiny if someone were prosecuted for breaking it. The law is so vague that it is probably unconstitutional, said Trenbeath, who is an attorney.

"Laws that prohibit certain activities are designed so that people will not engage in those activities," Trenbeath said. "When you have a vague law, it doesn't give you adequate notice of what activity is prohibited, and if you don't know what's prohibited, you can't necessarily avoid committing a crime."