2023 Senate Bill 466 / Public Act 318

Tobacco: other; cigar bar exemption; modify.

An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 12606a (MCL 333.12606a), as amended by 2022 PA 168.

Senate Fiscal Agency Analysis

Senate Bill 466 would amend the Public Health Code to modify the exemption of cigar bars from the ban on smoking in a public place. Currently, cigar bars that were operating before May 1, 2010 (i.e., the date the ban took effect) are grandfathered in and are exempt from the prohibition as long as the owner of the establishment refiles an affidavit with the Department of Health and Human Services (DHHS) annually on January 31.

Introduced in the Senate

Sept. 6, 2023

Introduced by Sen. Kristen McDonald Rivet (D-35)

Referred to the Committee on Regulatory Affairs

Oct. 5, 2023

Reported without amendment

Oct. 10, 2023

Referred to the Committee of the Whole

Oct. 18, 2023

Reported without amendment

Oct. 19, 2023

Passed in the Senate 36 to 2 (details)

Received in the House

Oct. 24, 2023

Referred to the Committee on Regulatory Reform

Nov. 9, 2023

Discharged from committee

Passed in the House 101 to 6 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

Nov. 9, 2023

Motion to give immediate effect by Sen. Sam Singh (D-28)

The motion prevailed by voice vote

Signed by Gov. Gretchen Whitmer

Dec. 14, 2023