2009 House Bill 4377 (Prohibit allowing restaurant or private workplace smoking )

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Introduced by Rep. Lee Gonzales (D) on February 19, 2009, to prohibit a business owner, including the owner of a bar or restaurant, from choosing to allow smoking in his or her establishment. Existing cigar bars and tobacco specialty retail stores, gambling areas of casinos, and home offices would be exempt.
- Referred to the House Regulatory Reform Committee on February 19, 2009.
  - Reported in the House on May 21, 2009, with the recommendation that the substitute (H-3) be adopted and that the bill then pass.
- Substitute offered in the House on May 26, 2009. The substitute passed in the House by voice vote on May 26, 2009.
- Amendment offered by Rep. Douglas Geiss (D) on May 26, 2009, to not prohibit owners of restaurants or bars from allowing smoking if it is in a separate room with a separate ventilation system from the non-smoking areas. The amendment failed in the House by voice vote on May 26, 2009.
- Amendment offered by Rep. Jim Stamas (R) on May 26, 2009, to sunset the bill's "no smoking" sign mandates after two years. The amendment failed in the House by voice vote on May 26, 2009.
- Amendment offered by Rep. Jim Stamas (R) on May 26, 2009, to not require restaurant or bar managers and employees to try to stop a person from smoking despite the prohibition, but do require them to inform the smoker, document violations and turn the information over to the health department. In other words, an establishment could not lose its license for not trying to stop a smoker. The amendment failed in the House by voice vote on May 26, 2009.
- Amendment offered by Rep. Tom Pearce (R) on May 26, 2009, to exempt bars and restaurants within 20 miles of an Indian casino (which this proposed law would not affect). The amendment failed in the House by voice vote on May 26, 2009.
- Amendment offered by Rep. Rick Jones (R) on May 26, 2009, to exempt VFW, American Legion and other veteran organization halls. The amendment failed in the House by voice vote on May 26, 2009.
- Amendment offered by Rep. Rick Jones (R) on May 26, 2009, to exempt fraternal organizations, private clubs, banquet facilities, or other establishments not open to the public. The amendment failed in the House by voice vote on May 26, 2009.
- Amendment offered by Rep. Robert Genetski (R) on May 26, 2009, to move back the date the bill goes into effect to Jan. 1, 2010 (instead of "30 days after enacted"). The amendment failed in the House by voice vote on May 26, 2009.
- Amendment offered by Rep. Wayne Schmidt (R) on May 26, 2009, to exempt nonprofit organizations holding a charitable event. The amendment failed in the House by voice vote on May 26, 2009.
- Amendment offered by Rep. Jim Stamas (R) on May 26, 2009, to exempt bars and restaurants. The amendment failed in the House by voice vote on May 26, 2009.
- Amendment offered by Rep. Marc Corriveau (D) on May 26, 2009, to exempt the non-food service portion of horse race tracks. The amendment failed in the House by voice vote on May 26, 2009.
- Amendment offered by Rep. Mike Simpson (D) on May 26, 2009, to exempt license bingo or "millionaire party" charitable gambling events. The amendment failed in the House by voice vote on May 26, 2009.
- Amendment offered by Rep. Bert Johnson (D) on May 26, 2009, to exempt "smoking establishments" that are private clubs or facilities, have no employees under age 21, and are physically separated from a non-smoking food service establishment. The amendment failed in the House by voice vote on May 26, 2009.
- Amendment offered by Rep. Bert Johnson (D) on May 26, 2009, to not allow any new "cigar bars" after Dec. 31, 2009. The amendment passed in the House by voice vote on May 26, 2009.
- Substitute offered by Rep. Paul Scott (R) on May 26, 2009, to replace the previous version of the bill with one that contains no exemptions, but instead prohibits the owner of any business, bar or restaurant from choosing to allow smoking in his or her establishment. The substitute failed in the House by voice vote on May 26, 2009.
- Substitute offered by Rep. Joan Bauer (D) on May 26, 2009, to replace the previous version of the bill with one that contains no exemptions, but instead prohibits the owner of any business, bar or restaurant from choosing to allow smoking in his or her establishment. The substitute failed in the House by voice vote on May 26, 2009.
Passed in the House (73 to 31) on May 26, 2009. [Vote Details and Comments]
Received in the Senate on June 2, 2009.
- Referred to the Senate Government Operations and Reform Committee on June 2, 2009.

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1) Re: 2009 House Bill 4377 (Prohibit allowing restaurant or private workplace smoking ) [by Smokedoctor on June 3, 2009]

Actually, smokers do have a right, the right to sue their pusher for their tobacco-caused injury(ies), http://medicolegal.tripod.com/dangeroustobacco.htm (and their estates have that right, when the smoker is killed by the pusher).

Smoking is not a mere "habit," see the medical date on inveterate smokers hard core brain damage, http://medicolegal.tripod.com/preventbraindamage.htm

children used to be taught about smoker brain damage, see references at http://medicolegal.tripod.com/edison1914.htm

To prevent these injuries and deaths, Michigan passed a law in 1909 to ban deleterious cigarettes, law MCL 750.27, MSA 28.216, http://medicolegal.tripod.com/milaw1909.htm This was done after the Michigan House of Representatives looked into the cigarette danger in 1889, http://medicolegal.tripod.com/mihouse1889.htm

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2) Re: 2009 House Bill 4377 (Prohibit allowing restaurant or private workplace smoking ) [by Smokedoctor on June 3, 2009]

You are correct. Indeed, it is far beyond mere addiction for smokers. It is a matter of hard-core heavy duty BRAIN DAMAGE. Medical science has shown this for CENTURIES, http://medicolegal.tripod.com/preventbraindamage.htm since at least August 1603 . The addiction aspect has been reported since at least the year 1527, http://medicolegal.tripod.com/tobaccoaddiction.htm Smokers also are documented to suffer from disproportionate mental disorders, http://medicolegal.tripod.com/preventmentaldisorder.htm

Deleterious cigarettes are illegal in Michigan, http://medicolegal.tripod.com/milaw1909.htm There is no right to use an illegal substance.

The term "smokers' rights" refers to their right to sue their pushers for tobacco-caused injuries, http://medicolegal.tripod.com/dangeroustobacco.htm (and the right of their estates to sue their pushers, once they are dead).

Constitutionally, rights exist to (a) put out fires and (b) pure air, as per anti-nuisance and pro-safety legal principles, http://medicolegal.tripod.com/pureaircases.htm Such rights of nonsmokers date back thousands of years and are continually upheld.

When smokers claim otherwise, remember their sad state, brain damage, etc., impairing reasoning and comprehension. See details on tobacco's adverse brain results and symptoms caused, at http://medicolegal.tripod.com/preventbraindamage.htm

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3) Re: 2009 House Bill 4377 (Prohibit allowing restaurant or private workplace smoking ) [by Smokedoctor on June 3, 2009]

Rep. Bledsoe makes good points. In view of the obstructionism of the bill, solution is enforcement of the already existing law MCL 750.27, MSA 28.216, http://medicolegal.tripod.com/milaw1909.htm as per the Michigan House Report on cigarette dangers as long ago as the year 1889, http://medicolegal.tripod.com/mihouse1889.htm

Toxic tobacco smoke (TTS) has long been known to cause lung cancer, since beginning of the 19th century, http://medicolegal.tripod.com/preventlungcancer.htm

The Constitutional right to pure air admits of no exceptions. See references at http://medicolegal.tripod.com/pureaircases.htm For bakcground on the toxic chemicals in Toxic Tobacco Smoke (TTS), see http://medicolegal.tripod.com/toxicchemicals.htm and http://medicolegal.tripod.com/coumarin.htm

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