2009 House Bill 4377 / Public Act 188

Prohibit restaurants or private workplaces owners from choosing to allow smoking

Introduced in the House

Feb. 19, 2009

Introduced by Rep. Lee Gonzales (D-49)

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 from the ban.

Referred to the Committee on Regulatory Reform

May 21, 2009

Reported without amendment

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

May 26, 2009

Substitute offered

The substitute passed by voice vote

Amendment offered by Rep. Douglas Geiss (D-22)

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 by voice vote

Amendment offered by Rep. Jim Stamas (R-98)

To sunset the bill's "no smoking" sign mandates after two years.

The amendment failed by voice vote

Amendment offered by Rep. Jim Stamas (R-98)

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 by voice vote

Amendment offered by Rep. Tom Pearce (R-73)

To exempt bars and restaurants within 20 miles of an Indian casino (which this proposed law would not affect).

The amendment failed by voice vote

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

To exempt VFW, American Legion and other veteran organization halls.

The amendment failed by voice vote

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

To exempt fraternal organizations, private clubs, banquet facilities, or other establishments not open to the public.

The amendment failed by voice vote

Amendment offered by Rep. Bob Genetski (R-88)

To move back the date the bill goes into effect to Jan. 1, 2010 (instead of "30 days after enacted").

The amendment failed by voice vote

Amendment offered by Rep. Wayne Schmidt (R-104)

To exempt nonprofit organizations holding a charitable event.

The amendment failed by voice vote

Amendment offered by Rep. Jim Stamas (R-98)

To exempt bars and restaurants.

The amendment failed by voice vote

Amendment offered by Rep. Marc Corriveau (D-20)

To exempt the non-food service portion of horse race tracks.

The amendment failed by voice vote

Amendment offered by Rep. Mike Simpson (D-65)

To exempt license bingo or "millionaire party" charitable gambling events.

The amendment failed by voice vote

Amendment offered by Rep. Bert Johnson (D-5)

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 by voice vote

Amendment offered by Rep. Bert Johnson (D-5)

To not allow any new "cigar bars" after Dec. 31, 2009.

The amendment passed by voice vote

Substitute offered by Rep. Paul Scott (R-51)

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 by voice vote

Substitute offered by Rep. Joan Bauer (D-68)

The substitute failed by voice vote

Passed in the House 73 to 31 (details)

Received in the Senate

June 2, 2009

Referred to the Committee on Government Operations and Reform

Dec. 10, 2009

Substitute offered

To adopt a version of the bill that exempts the Detroit casinos from the prohibition.

The substitute passed by voice vote

Substitute offered by Sen. Wayne Kuipers (R-30)

To adopt a version that allows owners of restaurants near one of the exempted casinos to petition to also be given an exemption allowing them to choose whether or not to allow smoking in their establishments.

The substitute failed by voice vote

Amendment offered by Sen. Irma Clark-Coleman (D-3)

To exempt from the prohibition three bars in Detroit Metro airport that were built with separate ventilation systems and intended as places in this otherwise no-smoking facility where people could smoke.

The amendment failed by voice vote

Amendment offered by Sen. John Gleason (D-27)

To name the proposed law after a certain politician (Ray Basham) who currently holds office with the amendment sponsor.

The amendment failed by voice vote

Passed in the Senate 24 to 13 (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 Detroit casinos, existing cigar bars and tobacco specialty retail stores, work vehicles and home offices would be exempt from the ban.

Received in the House

Dec. 10, 2009

Amendment offered by Rep. Wayne Schmidt (R-104)

To allow smoking at certain charitable events held by non-profit organizations.

The amendment failed by voice vote

Passed in the House 75 to 30 (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 Detroit casinos, existing cigar bars and tobacco specialty retail stores, work vehicles and home offices would be exempt from the ban.

Signed by Gov. Jennifer Granholm

Dec. 18, 2009