A new law to ban smoking on North Dakota's Capitol grounds is unnecessary because state managers already have power to regulate smoking on the property, the state House has concluded.

Smoking has long been prohibited in the Capitol and buildings on the grounds, including the Heritage Center, the state library and the headquarters of the North Dakota Department of Transportation.

Rep. Joyce Kingsbury, R-Grafton, introduced legislation to make it illegal to smoke anywhere on the Capitol grounds, including the parking lots, walking trails and the south mall, a vast expanse of grass and trees.

She said Friday one of her primary goals was to banish smokers from the Capitol's east and west entrances, where smokers sometimes congregate. Those approaches "should be smoke-free, and pleasing for the public to enter," she said.

Critics of the measure said it would prevent any governor who smoked from doing so in his own home - the governor's residence is on the southwest corner of the grounds - and make a lawbreaker of anyone who drove onto the grounds while puffing a cigarette.

Representatives voted 63-26 to reject the legislation.

Rep. Glen Froseth, R-Kenmare, said the Capitol's facilities management department is drafting a plan to regulate smoking on the Capitol grounds and building entrances. Last October, building managers banned smoking near the Capitol's south entrance, which faces the mall.

"We felt the problems of smoking near the Capitol will be dealt with," Froseth said.

The bill is HB1079.