LANSING – Smoking would be banned in all Michigan workplaces except for cigar bars that have 30 percent or more of their sales originate from tobacco or tobacco-related products – or 75 percent for retail establishments – under a substituted HB 4163 that was overwhelmingly reported by the House Commerce Committee on Tuesday.
An amendment offered by Rep. Rick Jones (R-Grand Ledge) that would have exempted all liquor license holders, casinos, private clubs and veteran organizations from the smoking ban failed to get on the bill before it was sent to the full floor on a 12-4-1 vote.
Violators would pay $100 for the first offense and $500 for the second, keeping in accordance with other penalties in the public health code.
All of the Democrats on the panel, save Rep. Ed Clemente (D-Lincoln Park) who abstained and Rep. Robert Dean (D-Grand Rapids) who was absent, voted for the measure along with Rep. David Palsrok (R-Manistee) and Rep. John Stakoe (R-Highland).
Rep. Dave Hildebrand (R-Lowell), Rep. Bill Huizenga (R-Zeeland), Mr. Jones and Rep. Kimberly Meltzer voted against the measure and Rep. Marty Knollenberg (R-Troy) was absent.
Chair Rep. Andy Meisner (D-Ferndale) likened the legislation to passage of law banning smoking in airplanes.
“We adapt. We make changes as we learn more about public health and how to keep our citizens healthy and that is what this is about,” he said.
But Huizenga said he had concerns the state was placing a burden on small businesses to put up “No Smoking” signs and that state charter casinos would be at a disadvantage because tribal casinos would likely not adopt similar bans voluntarily. Huizenga withheld an amendment requiring the state to provide the signage, commenting that various health organizations are talking about making the signs available to businesses for free.
With a majority of business groups opposed to the bill, Meisner said he would be open to legislation down the road that could provide a tax credit to those businesses that demonstrate a loss because of the smoking ban.
But Meisner said with 32 other states (as of action Tuesday in Illinois) adopting similar workplace standards and realizing economic growth, he doubted a tax credit would be needed.
The Campaign for Smokefree Air applauded the committee’s passage of the legislation.
“We are delighted that legislators took the first step toward making Michigan worksites smoke free,” said spokesperson Judy Stewart. “This is only the first step and legislators need to continue listening to the majority of Michigan residents who want their health protected by smokefree worksites, including restaurants and bars.”
Sen. Ray Basham (R-Taylor), who has championed the smoking ban issue for years, congratulated the committee.
“I am pleased to be able to share some progress on this issue with the Michigan families who believe a dinner out shouldn’t include the risk of asthma, emphysema or cancer, or the workers who don’t think secondhand smoke exposure should be part of their job description. Today is a very special day, but it’s a bit bittersweet, as I wish this good news could be coming from our body as well,” he said.
But the Michigan Licensed Beverage Association said it would continue to oppose the legislation as it moves through the process.
“The MLBA believes going smoke-free should be a market-driven business decision,” said Lance Binoniemi, director of government affairs for the association. “We have seen market forces working, as many restaurants and bars across the state have already gone smoke-free on their own. For the Legislature to step in and forcibly ban smoking is a serious infringement on the rights of private business owners as well as their employees and customers.”
The committee also sent HB 4816 to the floor on nearly the same vote. The measure is tie-barred to the smoking ban and requires that before a food establishment license is issued, a facility comply with all state and local laws, codes and ordinances.
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