MITCHELL - Some state legislators say the question of banning smoking in bars and restaurants across South Dakota should be decided in a public vote.

On Monday, an indoor smoking ban took effect in Minnesota, making it the 17th state in the country to ban tobacco in all bars and restaurants.

Jennifer Stalley of the South Dakota Tobacco-Free Kids Network said anti-smoking groups likely will push for the same thing in the South Dakota Legislature next year.

State Sen. Ed Olson, R-Mitchell, said he anticipates just such a bill, but he would prefer to leave the decision up to the citizens.

"I think it's something the general public needs to tell business and bar owners," Olson said. "I think the vote would be successful. I can't imagine it wouldn't be."

Rep. Gary Jerke, R-Tripp, said he would instead prefer that the Legislature give individual communities the right to decide where smoking can take place. By doing so, smaller communities, such as those with only one restaurant or bar, could make the decision on their own.

"I have a real problem telling people that they can't go into a local facility in their community," he said. "I think any legislation where you look at barring a business is going to be a tougher row to hoe."

Jerke said the Legislature shouldn't shy away from the issue.

"That's what they elect representatives for," said Jerke. "I would hope that the public would recognize that you can't bring every single thing to a vote of the people."

Rep. Kent Juhnke, R-Vivian, said he would not support a smoking ban in restaurants and bars because it is unnecessary government intrusion into private business.

"I do feel for the people that cannot find alternative employment and have to be subjected to (smoke), but it's a stretch for what government was intended to be, especially in South Dakota," he said. "I will not support (a ban) whatsoever."

Some lawmakers believe customers can have more of a say in the matter.

"If their clientele are offended by the smoking, I think they're the ones that need to talk to the owners and see what they can do," said Sen. Julie Bartling, D-Burke.

Rep. Mike Vehle, R-Mitchell, agrees.

"I think these establishments themselves have got to start looking at these issues and see if there are things that they can do to work with the people that are anti-smoking and see if there isn't something that they can work out," Vehle said. "Maybe they should be working with those folks to come up with a solution that doesn't really tear into what a lot of them feel will be their business."