The new legislation, the Associated Press reports, will amend current law to allow local jurisdictions to pass their own ban. Right now only the state of Michigan has the power to regulate smoking in places that serve food.

The controversial smoking ban which passed the House in May was supported by health advocates who say no one should be exposed to second hand smoke as an expectation of working. It was and continues to be opposed by businesses that say the decision to be smoke free or not should be up to the food establishment, not the state.

McDonell’s legislation was supposed to get a hearing Wednesday before a House committee, but the legislation has been removed from the agenda.