2007 House Bill 4163

Prohibit allowing private workplace smoking

Introduced in the House

Jan. 30, 2007

Introduced by Rep. Brenda Clack (D-34)

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 Committee on Commerce

July 24, 2007

Reported without amendment

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

Nov. 8, 2007

Substitute offered

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

Substitute offered by Rep. Brenda Clack (D-34)

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

Substitute offered by Rep. Brenda Clack (D-34)

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

Amendment offered by Rep. Bill Huizenga (R-90)

To require the state to pay for the no smoking signs the bill would mandate in private businesses.

The amendment failed 51 to 54 (details)

Amendment offered by Rep. Bill Huizenga (R-90)

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

Amendment offered by Rep. Rick Jones (R-71)

To exempt veterans organizations and private club facilities from the prohibition.

Consideration postponed

Amendment offered by Reps. Jeff Mayes (D-96) and Jeff Mayes (D-96)

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 (details)

Amendment offered by Rep. Howard Walker (R-104)

To exempt designated smoking rooms in Bed and Breakfasts (B&Bs) from the prohibition.

The amendment failed by voice vote

Dec. 5, 2007

Amendment offered by Rep. Daniel Acciavatti (R-32) and two co-sponsors

Co-sponsored by Reps. Ken Horn (R-94) and Kimberly Meltzer (R-33)

To repeal the 6 percent service tax (that was already repealed when the amendment came before the House).

The amendment failed by voice vote

Amendment offered by Rep. Bill Huizenga (R-90)

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 (details)

Amendment offered by Rep. Tim Melton (D-29)

To exempt veterans organizations and private club facilities from the prohibition.

The amendment passed by voice vote

Amendment offered by Rep. Barbara Farrah (D-13)

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 (details)

Amendment offered by Rep. Edward Gaffney (R-1)

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

Amendment offered by Rep. Rick Jones (R-71)

To exempt bars, private clubs, banquet facilities, and veterans halls from the prohibition.

The amendment failed 54 to 52 (details)

Passed in the House 56 to 46 (details)

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.

Motion by Rep. Steve Tobocman (D-12)

To give the bill immediate effect.

The motion failed 63 to 41 (details)

Received in the Senate

Dec. 11, 2007

Motion by Sen. Ray Basham (D-8)

That the bill be referred to the Committee on Health Policy.

The motion passed 17 to 17 (details)

Motion to reconsider by Sen. Alan L. Cropsey (R-33)

The vote by which the bill was referred to the Committee on Health Policy.

The motion passed 19 to 16 (details)

Motion by Sen. Alan L. Cropsey (R-33)

To refer the bill to the Committee on Health Policy.

The motion failed 17 to 19 (details)

May 8, 2008

Substitute offered

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

Passed in the Senate 25 to 12 (details)

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.

Received in the House

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).

Sept. 23, 2008

Amendment offered by Rep. Howard Walker (R-104)

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

Amendment offered by Rep. Howard Walker (R-104)

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

Amendment offered by Rep. Howard Walker (R-104)

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

Substitute offered by Rep. Barbara Farrah (D-13)

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

Amendment offered by Reps. Howard Walker (R-104) and Howard Walker (R-104)

To exempt events held by nonprofit charitable organizations from the proposed prohibition.

The amendment failed by voice vote

Amendment offered by Rep. Bill Huizenga (R-90)

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

Amendment offered by Rep. Bill Huizenga (R-90)

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

Amendment offered by Rep. Chris Ward (R-66)

To exempt licensed bingo games held and "millionaire parties" held by nonprofit organizations from the proposed prohibition.

The amendment failed by voice vote

Amendment offered by Rep. Rick Jones (R-71)

To exempt veterans organizations and private club facilities from the prohibition.

The amendment failed by voice vote

Failed in the House 50 to 49 (details)

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.

Motion to reconsider by Rep. Steve Tobocman (D-12)

The vote by which the House did not concur in the Senate substitute (S-8).

Consideration postponed

Dec. 3, 2008

Withdrawn by Rep. Steve Tobocman (D-12)

Dec. 10, 2008

Received