News Story

Stirring the Ashes: Outdoor Smoking Bill Rekindles Smoking Ban Debate

Bipartisan bill would restore some property rights

Restaurants and bars would have the option of allowing smoking on patios and other outdoor portions of their businesses under bipartisan legislation recently introduced in the state Legislature.

"I think this something businesses should be able to offer if they choose to," said Rep. Tom McMillin, R-Rochester Hills, the sponsor of House Bill 5159. "People step outside to smoke now anyway.

"I am not a smoker, but to me this is an issue of liberty and property rights," Rep. McMillin continued. "That's why I didn't support the smoking ban legislation when it was in the House. If I was in one of these areas with my children and someone started smoking, I'd go someplace else. I believe that's a choice we always have."

Michigan's smoking ban was signed into law by former Gov. Jennifer Granholm on Dec. 18, 2009, and took effect May 1, 2010. Under the law, smoking was banned in all public places including workplaces, restaurants and bars.

A key development in Lansing that helped lead to the Legislature's passage of the ban came when the Michigan Restaurant Association took the position that ban or no ban, all bars and restaurants should be treated the same. Basically, the restaurant association told lawmakers there should be no differentiation between restaurants that generally cater to quick in and out customers, and bars and other businesses with established customer bases that often included a high percentage of smokers.

The association, which primarily represents restaurants, is taking the same approach in regard to the outdoor patio smoking issue. Restaurant association spokesman Justin Winslow said the group opposes House Bill 5159 on the basis that the smoking ban is in place and no special exceptions should be made.

"We believe this legislation is well intentioned," Winslow said. "However, at this point we all know that the ban exists and has been established. We support letting us all compete evenly."

Meanwhile, the Michigan Food and Beverage Association, which primarily represents bars and taverns, supports the measure.

"Our position has always been that our members should have the right to determine issues like this themselves," said Jennifer Kluge, spokesperson for food and beverage association. "Many of our members are interested in this. If a facility wants to allow this, it should be their right to choose."

House Bill 5159 has been assigned to the House Regulatory Reform Committee.

The measure has bipartisan support. Rep. Harold Haugh, D-Roseville, Rep. Douglas Geiss, D-Taylor, and Rep. Ed McBroom, R-Vulcan, who is the committee vice chair, are cosponsors of the bill. Rep. Haugh is the ranking Democrat on the House Regulatory Reform Committee. 

"There haven't been any hearings scheduled on the bill yet," Rep. McMillin said. "But I'm hoping we can get a good discussion going on the issue."

Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.

Commentary

December 6, 2013, MichiganVotes Weekly Vote Report

Senate Bill 636, Facilitate "land line" phone service transition to cell phones

To streamline regulations on "landline" telephone service providers to facilitate transitioning customers to a wireless (cell phone or VOIP) system, and allow phone companies to discontinue landline service after 2016. The bill authorizes appeal procedures for individual customers for whom the replacement service does not work well.

Passed 31 to 4 in the Senate. See who voted "yes" and who voted "no."

 

Senate Bill 509, Authorize new state Senate office building

To authorize the sale of the Farnum Senate office building in Lansing and construction of a new building for Senators’ offices.

Passed 22 to 14 in the Senate. See who voted "yes" and who voted "no."

 

Senate Bill 679, Establish scrap metal theft legal presumption

To establish a "rebuttable presumption" that a person caught stripping more than $100 or 100 pounds of metal from a building or structure does not have the permission of the owner, and so is committing larceny as defined in a 2008 scrap metal theft law.

Passed 36 to 1 in the Senate. See who voted "yes" and who voted "no."

 

House Bill 4242, Raise burden of proof to justify new government regulations

To require government agencies to demonstrate that a rule they want to impose is "necessary and suitable to achieve its purpose in proportion to the burdens it places on individuals."

Passed 26 to 11 in the House. See who voted "yes" and who voted "no."

 

House Bill 5156, Court of claims change "cleanup" bill

To establish that nothing in a new law changing the state’s "court of claims" from the Ingham County circuit court to the state Court of Appeals eliminates a current right to a jury trial for a person filing certain types of claim against the state, or to filing these claims in a person's local circuit, district or probate court.

Passed 110 to 0 in the House. See who voted "yes" and who voted "no."

 

SOURCE: MichiganVotes.org, a free, non-partisan website created by the Mackinac Center for Public Policy, providing concise, non-partisan, plain-English descriptions of every bill and vote in the Michigan House and Senate. Please visit https://www.michiganvotes.org.

Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.