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2007 House Bill 4163: Prohibit allowing private workplace smoking
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.   Official Text and Analysis.
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
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
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
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
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
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.
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
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
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
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
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
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.
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
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.
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
Received in the House on December 10, 2008

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