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Mackinac Center for Public Policy
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2007 House Bill 4163: Prohibit allowing private workplace smoking
  1. Introduced by Rep. Brenda Clack (D) on January 30, 2007, to prohibit a business owner from choosing to allow smoking in his or her establishment. This also would apply to bars and restaurants.
    • Referred to the House Commerce Committee on January 30, 2007.
      • Reported in the House on July 24, 2007, with the recommendation that the substitute (H-3) be adopted and that the bill then pass.
    • Substitute offered in the House on November 8, 2007, to replace the previous version of the bill with one that exempts "cigar bars" and tobacco specialty shops. Subsequent substitutes include this and additional exemptions. The substitute failed by voice vote in the House on November 8, 2007.
    • Substitute offered by Rep. Brenda Clack (D) on November 8, 2007, to replace the previous version of the bill with one that exempts motor vehicles, the gaming floor of casinos, and licensed bingo events. It also lowers from 30 percent to 10 percent the proportion of gross receipts that qualifies a bar as a "cigar bar." Subsequent substitutes include these and additional exemptions. The substitute failed by voice vote in the House on November 8, 2007.
    • Substitute offered by Rep. Brenda Clack (D) on November 8, 2007, to replace the previous version of the bill with one also exempts the non-food service areas of horse racing tracks. The substitute passed by voice vote in the House on November 8, 2007.
    • Amendment offered by Rep. Bill Huizenga (R) on November 8, 2007, to require the state to pay for the no smoking signs the bill would mandate in private businesses. The amendment failed 51 to 54 in the House on November 8, 2007.
      Who Voted "Yes" and Who Voted "No"

    • Amendment offered by Rep. Bill Huizenga (R) on November 8, 2007, to require the Department of Community Health to create a brochure describing potential dangers of second hand smoke, and require businesses and other public places to make these available. The amendment failed by voice vote in the House on November 8, 2007.
    • Amendment offered by Rep. Rick Jones (R) on November 8, 2007, to exempt veterans organizations and private club facilities from the prohibition.
    • Amendment offered by Rep. Jeff Mayes (D) and Rep. Tim Melton (D) on November 8, 2007, to exempt veterans organizations and private club facilities from the prohibition, and also exempt bars that don't have employees under age 18 and that make at least 51 percent of their gross receipts from alcohol sales from the prohibition. The amendment failed 52 to 49 in the House on November 8, 2007.
      Who Voted "Yes" and Who Voted "No"

    • Amendment offered by Rep. Howard Walker (R) on November 8, 2007, to exempt designated smoking rooms in Bed and Breakfasts (B&Bs) from the prohibition. The amendment failed by voice vote in the House on November 8, 2007.
    • Amendment offered by Rep. Daniel Acciavatti (R), Rep. Kenneth Horn (R) and Rep. Kimberly Meltzer (R) on December 5, 2007, to repeal the 6 percent service tax (that was already repealed when the amendment came before the House). The amendment failed by voice vote in the House on December 5, 2007.
    • Amendment offered by Rep. Bill Huizenga (R) on December 5, 2007, to suspent the proposed smoking prohibition unless the governor is able to negotiate with tribes a similar ban in all the Indian casinos in the state. The amendment failed 51 to 57 in the House on December 5, 2007.
      Who Voted "Yes" and Who Voted "No"

    • Amendment offered by Rep. Tim Melton (D) on December 5, 2007, to exempt veterans organizations and private club facilities from the prohibition. The amendment passed by voice vote in the House on December 5, 2007.
    • Amendment offered by Rep. Barbara Farrah (D) on December 5, 2007, to exempt veterans organizations and private club facilities from the prohibition, and also exempt bars that don't have employees under age 18 and that make at least 51 percent of their gross receipts from alcohol sales from the prohibition. The amendment failed 55 to 50 in the House on December 5, 2007.
      Who Voted "Yes" and Who Voted "No"

    • Amendment offered by Rep. Edward Gaffney (R) on December 5, 2007, to tie-bar the bill to House Bills 4044 and 4816, meaning this bill cannot become law unless that one does also. HB 4044 would allow product liability lawsuits against drug companies for drugs that have been approved by the U.S. Food And Drug Administration (FDA), and HB 4816 would add the restaurant smoking prohibition to the state Food Code. The amendment failed by voice vote in the House on December 5, 2007.
    • Amendment offered by Rep. Rick Jones (R) on December 5, 2007, to exempt bars, private clubs, banquet facilities, and veterans halls from the prohibition. The amendment failed 54 to 52 in the House on December 5, 2007.
      Who Voted "Yes" and Who Voted "No"

  2. Passed 56 to 46 in the House on December 5, 2007, to prohibit a business owner, including the owner of a bar or restaurant, from choosing to allow smoking in his or her establishment. The bill would apply to all "public places," including government facilities. However, tobacco specialty shops, "cigar bars," vehicles, the gaming floor of casinos, the non-food areas of race tracks and licensed bingo events would be exempt.
    Who Voted "Yes" and Who Voted "No"

  3. Motion by Rep. Steve Tobocman (D) on December 5, 2007, to give the bill immediate effect. The motion failed 63 to 41 in the House on December 5, 2007.
    Who Voted "Yes" and Who Voted "No"

  4. Received in the Senate on December 11, 2007.
    • Motion by Sen. Ray Basham (D) on December 11, 2007, that the bill be referred to the Committee on Health Policy. The motion passed 17 to 17 in the Senate on December 11, 2007.
      Who Voted "Yes" and Who Voted "No"

    • Moved to reconsider by Sen. Alan L. Cropsey (R) on December 11, 2007, the vote by which the bill was referred to the Committee on Health Policy. The motion passed 19 to 16 in the Senate on December 11, 2007.
      Who Voted "Yes" and Who Voted "No"

    • Motion by Sen. Alan L. Cropsey (R) on December 11, 2007, to refer the bill to the Committee on Health Policy. The motion failed 17 to 19 in the Senate on December 11, 2007.
      Who Voted "Yes" and Who Voted "No"

    • Substitute offered in the Senate on May 8, 2008, to replace the previous version of the bill with one that does not contain the exceptions in the House-passed bill, including the Detroit casinos, race tracks, bingo halls, and "cigar bars". The substitute passed by voice vote in the Senate on May 8, 2008.
  5. Passed 25 to 12 in the Senate on May 8, 2008, to prohibit a business owner, including the owner of a bar or restaurant, from choosing to allow smoking in his or her establishment. The bill would apply to all "public places" except for Indian casinos, which the state has no authority to regulate.
    Who Voted "Yes" and Who Voted "No"

  6. Received in the House on June 28, 2008, which has taken action on the Senate's changes to the bill, reportedly due to concerns that the comprehensive prohibition passed by the Senate would disadvantage certain Michigan businesses that compete with entities not affected by the proposal, in particular Detroit casinos (which compete against Indian and Canadian casinos).
    • Amendment offered by Rep. Howard Walker (R) on September 23, 2008, to exempt the owners of restaurants and bars within 20 miles of an Indian casino from the proposed prohibition on their choosing to allow smoking in their establishments. The amendment failed by voice vote in the House on September 23, 2008.
    • Amendment offered by Rep. Howard Walker (R) on September 23, 2008, to include the exemptions passed by the House from the proposed prohibition on business owners choosing to allow smoking in their establishments. The amendment failed by voice vote in the House on September 23, 2008.
    • Amendment offered by Rep. Howard Walker (R) on September 23, 2008, to exempt restaurant owners holding a benefit for a charitable or nonprofit organization from the proposed prohibition on their choosing to allow smoking in their establishments. The amendment failed by voice vote in the House on September 23, 2008.
    • Substitute offered by Rep. Barbara Farrah (D) on September 23, 2008, to replace the previous version of the bill with one that essentially includes the exemptions passed by the House from the proposed prohibition on business owners choosing to allow smoking in their establishments. The substitute failed by voice vote in the House on September 23, 2008.
    • Amendment offered by Rep. Kevin A. Elsenheimer (R) and Rep. Howard Walker (R) on September 23, 2008, to exempt events held by nonprofit charitable organizations from the proposed prohibition. The amendment failed by voice vote in the House on September 23, 2008.
    • Amendment offered by Rep. Bill Huizenga (R) on September 23, 2008, to require the state to provide the no-smoking signs that business owners would be required to post under the proposed prohibition. The amendment failed by voice vote in the House on September 23, 2008.
    • Amendment offered by Rep. Bill Huizenga (R) on September 23, 2008, to suspend the proposed smoking prohibition unless the governor is able to negotiate with tribes a similar ban in all the Indian casinos in the state. The amendment failed by voice vote in the House on September 23, 2008.
    • Amendment offered by Rep. Chris Ward (R) on September 23, 2008, to exempt licensed bingo games held and "millionaire parties" held by nonprofit organizations from the proposed prohibition. The amendment failed by voice vote in the House on September 23, 2008.
    • Amendment offered by Rep. Rick Jones (R) on September 23, 2008, to exempt veterans organizations and private club facilities from the prohibition. The amendment failed by voice vote in the House on September 23, 2008.
  7. Failed 50 to 49 in the House on September 23, 2008, to concur with the Senate-passed version of the bill, which is a blanket restaurant and workplace smoking ban with no exceptions, including the Detroit casinos.
    Who Voted "Yes" and Who Voted "No"

  8. Moved to reconsider by Rep. Steve Tobocman (D) on September 23, 2008, the vote by which the House did not concur in the Senate substitute (S-8).
    • Withdrawn by Rep. Steve Tobocman (D) on December 3, 2008.
  9. Received in the House on December 10, 2008.

Comments

Re: 2007 House Bill 4163 (Prohibit allowing private workplace smoking )  by jinkaz on January 22, 2013 
With very few exceptions smoking bans don’t prevent people from smoking in their own homes or cars. They simply limit the exposure of innocent people to second-hand smoke, especially in the workplace and other public areas. glass jars

Re: 2007 House Bill 4163 (Prohibit allowing private workplace smoking )  by jinkaz on April 12, 2012 
July 21, 2006, banned in almost all workplaces in Arkansas. Exceptions include establishments that do not allow patrons younger than 21; retail tobacco stores; long-term care facilities including nursing homes; gaming floors of operations regulated by the Arkansas Racing Commission; designated hotel smoking rooms; and workplaces with fewer than three employees. language translation service


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