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2009 House Bill 4377: Prohibit restaurants or private workplaces owners from choosing to allow smoking

Public Act 188 of 2009

  1. 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 from the ban.
    • 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 by voice vote in the House 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 by voice vote in the House 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 by voice vote in the House 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 by voice vote in the House 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 by voice vote in the House 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 by voice vote in the House 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 by voice vote in the House 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 by voice vote in the House 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 by voice vote in the House on May 26, 2009.
    • Amendment offered by Rep. Jim Stamas (R) on May 26, 2009, to exempt bars and restaurants. The amendment failed by voice vote in the House 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 by voice vote in the House 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 by voice vote in the House 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 by voice vote in the House 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 by voice vote in the House 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 by voice vote in the House 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 by voice vote in the House on May 26, 2009.
  2. Passed 73 to 31 in the House on May 26, 2009.
    Who Voted "Yes" and Who Voted "No"

  3. Received in the Senate on June 2, 2009.
    • Referred to the Senate Government Operations and Reform Committee on June 2, 2009.
    • Substitute offered in the Senate on December 10, 2009, to adopt a version of the bill that exempts the Detroit casinos from the prohibition. The substitute passed by voice vote in the Senate on December 10, 2009.
    • Substitute offered by Sen. Wayne Kuipers (R) on December 10, 2009, 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 in the Senate on December 10, 2009.
    • Amendment offered by Sen. Irma Clark-Coleman (D) on December 10, 2009, 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 in the Senate on December 10, 2009.
    • Amendment offered by Sen. John Gleason (D) on December 10, 2009, 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 in the Senate on December 10, 2009.
  4. Passed 24 to 13 in the Senate on December 10, 2009, 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.
    Who Voted "Yes" and Who Voted "No"

  5. Received in the House on December 10, 2009.
    • Amendment offered by Rep. Wayne Schmidt (R) on December 10, 2009, to allow smoking at certain charitable events held by non-profit organizations. The amendment failed by voice vote in the House on December 10, 2009.
  6. Passed 75 to 30 in the House on December 10, 2009, 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.
    Who Voted "Yes" and Who Voted "No"

  7. Signed by Gov. Jennifer Granholm on December 18, 2009.

Comments

Re: 2009 House Bill 4377 (Prohibit allowing restaurant or private workplace smoking )  by DaveGillie on April 2, 2012 

 problem is YOU insist on walking on MY PRIVATE PROPERTY Where i piss, then blame ME for pissing!! silly girl, Nobody FORCES you into smoking establishments (when we had them) just like nobody forces you into MY bathroom.



Re: 2009 House Bill 4377 (Prohibit allowing restaurant or private workplace smoking )  by albaby2 on April 2, 2012 

 OMG! LOL Your post made me look up Ethel Merman's God Bless America recording. You have the right to smoke and I have the right not to have your smoke in my face same as you have the right to keep me from pizzing on your shoes. Swallow your smoke-if it doesn't come out the tube in your throat.



Re: 2009 House Bill 4377 (Prohibit allowing restaurant or private workplace smoking )  by theboyzmom on April 2, 2012 
I feel so sad for you that you are FORCED to go certain places to eat, visit or work. Too bad you do not live in the USA where we are free. Wait - I must be in a time warp - the current USA tells us what health insurance to buy, how fast to drive, to wear a helmet, no smoking on private property, no packed lunches for kid, and if you have kids you do not have the ability to take care of we will do it for you. Does not sound much like the USA of the founders.

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