South Dakota's statewide smokefree law covers all workplaces including, restaurants, bars, video lottery establishments and (non-tribal) casinos.
In 2009, South Dakota legislators passed a strong state law to make all workplaces, including restaurants, bars, video lottery establishments and casinos, 100% smokefree indoors. Before the law was scheduled to take effect on July 1, 2009, opponents filed a petition to keep the law from taking effect and placed the law on the ballot. The smokefree law, or Proposition 12, was now in the hands of South Dakota voters for an up or down vote on November 2, 2010. Voters supported the proposition with an overwhelming majority, 64-36. Nearly every worker in South Dakota is protected from secondhand smoke exposure. The law includes exemptions for tobacco retail stores, 25% of hotel rooms, and cigar bars that make over 10% of sales from cigars.
In November 2010, South Dakota voters took a stand against secondhand smoke when they approved Proposition 12, the state's smokefree law, by a hefty 64-36 margin.
The previous statewide law from 2002 had covered only non-hospitality workplaces
and public places. Even with the 2010 state law in effect, municipalities in
South Dakota are still preempted from passing local smokefree laws.
2014 State Legislative Session: 1/14/2014 - 3/31/2014
Number: 1-866-SD-QUITS (737-8487)
American Cancer Society Quitline: 800-QUIT-NOW (800-784-8669)
Smokefree & Related News
Cancer Society sees South Dakota legislators as the key ...
NSU should go 100% smoke-free
The author provided knowledgeable information on why smoking in the public should be banned. Smoking causes fatalities and many other respiratory ...
Land IS OUR LAND
About Implementing Smoke-Free Housing Policies
Legislation Pushing E-Cigarette Shops to SD [VIDEO]
Games Help Video Lottery Revival
The Balance: Prisons And Tobacco
finds tobacco ban violates inmates' rights
note - Kiwanis Club
are being used for drugs [VIDEO]
Governor signs last bills of session into law
E-cigarettes should be illegal for minors
House grants final legislative approval to regulate e-cigarettes ...
Dakota Hoping to Make Gaming Industry Competitive
Passes Measure To Ban Sale Of E-Cigarettes To Minors
No e-cigarettes for minors
Bill Would Ban Sale Of E-Cigarettes To Minors
become popular due to campus smoking ban
smoking ban under evaluation
shelters: Lighting up and warming up
growing over e-cigarettes
smokes formally banned at civic center
...The ban centers on the challenge posed to civic center staff to determine what patrons are smoking during events, be it cigarettes, marijuana or the e-cigs, ...
City Civic Center takes aim at e-cigarettes
smoking ban: Three years later
Dakota's Great American Smokeout
Pushes for E-Cigarette Regulation
People Using E-Cigarettes
retailers arrive in South Dakota
drops for SD non-Indian casinos
Fahrenwald, N.L.; Kerkvliet, J.L.; Carson, P.; Lammers, C.; Melstad, S.; Dugstad, D.; McCord, J., "Evaluation of school tobacco-free policies in a rural Northern Plains state," Journal of School Health 83(11): 824-831, November 2013.
The Centers for Disease Control and Prevention (CDC) has called for tobacco-free school (TFS) policies. In South Dakota (SD), a rural state with a large American Indian population, collaboration between state agencies focused on development and dissemination of a model TFS policy in 2008. This study explored the current status of TFS policies in statewide SD school districts. ...
On Hookah Lounge May Take Several Weeks
Dakota judge lights up to decide whether hookah falls under ...
lottery continues losing market share
Don't blame smoking ban for lottery slump
PIERRE Past and current members of the South Dakota Lottery Commission and its administrators, as well as those involved in Deadwood casinos, ...
ban: Should it be expanded to JazzFest?
South Dakota smoking ban sidesteps hookah lounges
smoking, beer be banned in city parks?
comments: To smoke, or not to smoke on a public patio
at 3: '100 Eyes' asks 'Should smoking be banned on public decks, patios?
for smoke-free apartments
Landlords Consider Smoke-Free Apartments
Owners Invited to Learn About Implementing Smoke-Free ...
complaints on tobacco-free parks policy
Secondhand smoke is trouble ($$)
Voice: Tobacco-free parks policy good for community
Reynolds Helps Adams Thermal Go 'Smoke-Free'
Loophole Helps Casino Business in North Sioux City
SF Parks Get New Tobacco Policy
Smoking in the park? Not in Sioux Falls
React To New Tobacco-Free Parks Policy
On Monday, the City of Sioux Falls is holding a meeting to introduce
a new tobacco-free city park policy. The city says the new policy bans
the use of tobacco at ...
students OK smoking ban with low turnout
ban taken to vote
Not Cashing In
rejects bill to include hookah lounges in smoking ban
intended for hookah lounges backfires
State students seeking campus smoking ban
OKs smoking definition to include hookah
of SD appealing ceremonial tobacco policy change at prison
VIEW: Deadwood numbers prove smoking ban as right
finds state law about smoking hazy
million highest Deadwood gaming revenue figure on record
Students Getting Used To Smoking Ban
of South Dakota now smoke-free
Out In Vermillion: USD Smoking Ban Now In Effect
Issues Campus-Wide Smoke Ban
Dust Casino in Deadwood Closes
Sioux City, SD casinos find loophole in state smoking ban
Smoke-free effort at NSU questionable
Report: South Dakota Ranks 11th in Protecting Kids from ...
ban needs clearer vision, focus
lounges to face strict city regulations
movement under way at Northern
Smoking law is working
Smoking Ban Results In 20 Citations In Two Years
MDG to be smoke free Nov. 9
receives grant for smoking ban, philanthropy
To Prohibit Smoking On Campus
gain ally in fight to use tobacco in ceremonies
The U.S. Department of Justice is siding with Native American inmates who sued the state in 2009 after they were barred from smoking tobacco in religious ceremonies at the state penitentiary.
casinos see surge in revenue in May
City hookah lounge may lose booze license
The lounge is part of a separate legal fight about whether it's covered
by South Dakota's statewide smoking ban. The ban exempts tobacco shops.
The Rapid ...
owners cautious despite surge in gaming receipts
Island said many casinos, including hers, were not experiencing an
increase in ... the $7.8 million of April of 2010, before the oft-derided
smoking ban took effect.
City hookah lounge won't get help from judge
AP - RAPID CITY, SD A judge has refused to block the enforcement of
South Dakota's smoking ban at a hookah lounge in Rapid City. Judge Jeff
Davis informed the attorney for Ifrit's Hookah Lounge that he does not
have the authority to issue a requested injunction that would allow
the business to continue selling both alcohol and tobacco products.
A circuit judge has refused to block the enforcement of the smoking
ban at Ifrit's Hookah Lounge. In a letter dated Monday, 7th Circuit
Judge Jeff Davis ...
hookah lounge ramps up fight to sell alcohol
RAPID CITY, S.D. (AP) A hookah lounge in western South Dakota
has temporarily quit serving alcohol while it readies for a court battle
with authorities over the state's smoking ban.
RAPID CITY, SD (AP) - A hookah lounge in western South Dakota has apparently
... who say it had been breaking the state's smoking ban by selling
On Monday, the same day Rapid City police checked the business for
smoking ban compliance, Ifrit's attorney Stephen Wesolick filed a request
for an ...
hold off enforcing hookah smoking ban
Smoking Ban To Be Enforced At South Dakota Hookah Lounge
AP News, Business, Consumer, News RAPID CITY, SD (AP) Rapid City
police officers will start enforcing the state smoking ban at a hookah
lounge by the end ...
American inmates challenging tobacco ban
It's traditionally mixed with other botanicals in pipes and smoked
to bring peace and ... and prison officials stopped short of banning
the use of pipes.
Dakota inmate group wants tobacco ban lifted
wants Attorney General's opinion on hookah lounge
After giving Ifrits Hookah Lounge an ultimatum to come into compliance
with a public smoking ban by Sunday, Pennington County States
Attorney Glenn Brenner has lifted that order and will instead ask for
Attorney General Marty Jackleys opinion. ...
Smoking Ban Really Affect Deadwood Profits?
DEADWOOD, SD - The South Dakota Commission on Gaming has released the
numbers from January of this year, and they're up nearly 15 percent
from last year. In fact, this January's numbers are nearly even with
the totals from before the smoking ban went into effect.
said Weston Pleinis, casino general manager for the Lodge at Deadwood.
... due to poor weather and the immediate impact of the smoking ban
on the industry.
push targets smoking
To ban smoking in parks would continue a trend to incrementally
curtail the right to light up. South Dakota banned smoking inside many
businesses in 2002 ...
lawmaker changes mind about pushing for smoking ban exemption ...
smoking ban be lifted from Deadwood casinos?
Should Deadwood casinos be exempt from the state wide smoking ban?
A south Dakota state legislator is proposing just that. ...
wants casino smoking-ban lifted
Deadwood casinos that have blamed the smoking ban for a loss in revenue
over the past year could get a break if state Sen. Tom Nelson, R-Lead,
gets his way. ...
ban exemption sought
Tom Nelson, R-Lead, is expected to propose legislation that would exempt
Deadwood from the statewide smoking ban, in an effort to boost gaming
Tribe to open second casino near Martin
Before the South Dakota smoking ban took effect last November, ... so should attract the gamblers who want to smoke while they gamble, he said. ...
I smoked for 33 years. After making the right move for my health and successfully quitting smoking 10 years ago, I couldn't stand walking into local establishments and being bombarded with the deadly habit I had worked so hard to kick. When 65 percent of South Dakotans voted last year to pass the statewide, smoke-free law I was so excited and relieved. Thank you South Dakota
One year later, a ban to savor
Nov. 10, 2010, was hailed by most, including the Argus Leader Editorial
Board, as a great day for South Dakota. ...
ban, economy send gambling revenues plummeting
Matt Wong of Rapid City said the smoking ban has meant he goes to bars
less ... Many academic studies of smoking bans have found minimal impacts
on the bar ...
health effects already evident
Dakota Smoking Ban Anniversary
South Dakota businesses have now had a full year to gauge the economic
impact of the statewide smoking ban. ...
discuss smoking ban benefits one year later
It was November 10, 2010 when South Dakota passed a law banning smoking
indoors. 65% of the state supported a smoke-free environment. Sanford
respiratory expert Darcy Ellefson was a big advocate for the bill before
it became a law, she remembers the feeling she had that day. ...
revenue from tobacco tax down 9 percent
makes strides toward kicking smoking habit
June better than previous months; state video lottery ...
say smoking ban has been self-enforcing
Reports Declining Revenue
providers ban e-cigarettes
The three largest healthcare providers in the state now ban electronic cigarettes.
Regional Health changed its no-tobacco policy on Monday to include electronic cigarettes, Dale Gisi, director of human resources at Regional Health, said Tuesday. ...
Wars Heat Up In 4 States
The smoking battle is moving into high gear in South Dakota and Connecticut. The two states have joined, or may soon join, several other states that are debating -- or litigating -- whether there is a right to smoke in private clubs and restricted-entry establishments. Currently, 29 states have banned smoking in all public venues including bars and restaurants. But some states have also carved out exemptions for such private venues as cigar bars, veterans' clubs and video poker lounges, among other commercial establishments that are not open to the general public. ...
Video Lottery Business Is Growing
smoking ban challenged in lawsuit
Voters last November approved banning smoking in bars and casinos. Rick Law alleges in his lawsuit that the ban violates the rights of private property ...
lottery slips across SD
Three months ago, it was a sure bet that all seven video lottery machines would be in use on a Friday night at Tommy Jack's.
Since the statewide smoking ban went into effect Nov. 10, manager Jessica Link said there usually are only three or four people playing on a weekend night.
That's the case at many bars and casinos ...
bill brought forward to exempt Deadwood from smoking ban
A Lead legislator who wanted to exempt Deadwood casinos from the state's smoking ban has changed his mind.
State Sen. Tom Nelson, R-Lead, who also is the executive director of the Deadwood Gaming Association, said his plans lost steam last week with the news that revenue had actually increased 7 percent year-over-year for the month of December in Deadwood.
"That took the wind out of my sails," said Nelson.
He chose instead to introduce a bill that would allow for two warnings
for those caught smoking before they could be fined for violating the
measure approved by voters in November ...
gaming industry nixes legislative action against smoking ban
A top gaming industry lobbyist said Monday that major groups representing video lottery establishments have decided against challenging the states smoking ban with legislative action.
Since the ban went into effect, the year-over-year revenue figures declined 16 percent, prompting many to examine possible bills that could exempt or alter the ban that passed by an overwhelming majority vote in November.
We just didnt sense that in this political and economic environment it was worth bringing forward any kind of meaningful legislation, said Larry Mann, who represents video lottery owners around the state, including Rapid Citys M.G. Oil.
Mann said representatives from the South Dakota Music & Vending
Association, Licensed Beverage Dealers of South Dakota and Video Lottery
Establishments met several times to discuss a potential bill, but ultimately
decided they would look into other ways to spur revenue in the industry
smoking ban revisited
gaming revenues rise 7% in December
Casinos in Deadwood reported a 7 percent increase in revenue over 2009 for the month of December, according to figures released Tuesday.
But casino operators say the numbers are largely smoke and mirrors, and they will still seek an exemption from a statewide smoking ban that voters overwhelmingly approved in November.
"I think that the numbers are deceiving. Deadwood is still struggling,
and I think you'll see a clearer picture in six months to a year,"
Weston Pleinis, general manager of The Lodge at Deadwood, said Tuesday.
"I don't think anyone in town will tell you we're up." ...
Listen to South Dakotans: Don't alter smoking ban
Some West River legislators, in particular, seem shocked to find gaming revenues down in Deadwood and video lottery play decreased across the state since voters approved a smoking ban Nov. 2.
Clearly, they say, something must be done, so they plan to push new legislation that would provide for exemptions.
Perhaps they're overlooking what's truly obvious: that this topic has been thoroughly vetted, and voters' response isn't even close to being questioned.
It's incredible that legislators even would consider thwarting the will of the people - and only two months after the smoking ban extension passed, nonetheless.
However, a brief review of other obvious facts apparently is necessary
talk budget gap, coming session
ban costs Moody County bars
The extended smoking ban that went into effect last November is hurting the bottom line of Moody County bars.
Video lottery sales have taken the biggest hit, and some bar owners think smoking gamblers are taking their business to the one establishment in the area where they can smoke while playing video lottery Royal River Casino.
State voters approved Referred Law 12 on the Nov. 2, 2010 ballot; the
measure banned smoking in bars, Deadwood casinos and video lottery establishments
DEADWOOD, SD - South Dakota has been smoke-free for nearly two months now and with revenues declining in casinos across the state the legislature may look at tweaking the law in the upcoming session.
In November, South Dakota voters decided to cut off smoking in bars, restaurants and casinos cold turkey, and now casinos in the state are starting to feel the withdrawls of the smoke-free law.
"People aren't coming and that's just a fact of life. We've noticed it almost immediately in the middle of November when the smoking ban started," Republican Senator Tom Nelson of Lead said.
Video lottery revenues in the state have fallen off nearly 20 percent since the ban passed. And, just in November officials say the casinos in Deadwood saw a $10 million drop in revenues, attributing the fall completely to the smoking ban.
"It's not the economy. It's not the weather. It's not the holidays. We're comparing Novembers to Novembers to Novembers," Nelson said.
That's why Nelson says there will most likely be a bill in the upcoming legislative session proposing some exceptions in the ban.
"We don't need a complete lift of the smoking ban. We just need
some accommodations so customers have a place to go where they can continue
to play their machines or be at the card table," Nelson said. ...
ban, credit card reform among state budget hits
The first two weeks of the expanded state smoking ban hit video lottery casinos hard, cutting the state's share of video gambling proceeds by 25 percent and further complicating South Dakota's already challenging budget process.
The state's cut of video lottery proceeds is more than $100 million a year. If the percentage reduction for the first two weeks carried through the year, it would cost the state about $25 million.
State budget director Jason Dilges of Pierre and others were projecting a reduction in video lottery revenues closer to 15 percent. Dilges said he hopes the video lottery decline will be less steep over time.
"The smoking ban has hit us pretty hard," Dilges said Thursday. "It's going to be worse initially. We're hoping there will be some bound back." ...
Ban Rules Questioned
Owners of establishments affected by the South Dakota smoking ban that went into effect earlier this month were fuming Monday at the possibility that some businesses may be ignoring the law.
Representatives of several local businesses appeared before the Yankton City Commission to ask that it impose serious ramifications for allowing patrons to smoke in establishments where it is prohibited.
Were hoping we can do something citywide to say, Follow the law, or its going to affect renewal of your license, said Kim Braunesreither of Boomers Lounge.
She, along with representatives of four other establishments, signed a letter to the commission asking that it adopt an ordinance making businesses that dont comply with the smoking ban subject to high fines and/or possible revocation of licenses that allow them to operate ...
City Council passes outdoor smoking structures for bars
The Aberdeen City Council has passed an ordinance today that defines
the outdoor smoking structures for local bars. Bar owners are now able
to build these structures to give customers a place to smoke as long
as they meet the standards in this new ordinance. ...
Casino Owner Accommodates Smokers After Ban Takes Affect [sic]
Smoking may be banned from inside casinos, bars and restaurants in South Dakota, but a casino in North Sioux City has found a way to legally allow their customers to light up.
One local casino owner was ready with a plan before the smoking ban passed and now her customers have a warm place to take a smoke break.
The day after the election, construction began at Beano and Sherry's casino.
Since smoking was no longer allowed inside the building, they built a wall around an existing outdoor area.
"We wanted to make sure our smokers had a place to have a cigarette
out of the winter chill. We've got heaters in there and stools and tables,"
says owner Sherry LeFleur ...
Outdoors Triggers Complaints
SIOUX FALLS, SD - Smoking is now illegal in bars and restaurants around South Dakota, clearing the air indoors. But it's the smoke outside that's causing some concern for the Empire Mall.
"No one likes to walk through a cloud of smoke when they're walking into the mall to shop," Empire Mall Manager Chrissy Spoo said.
The statewide smoking ban now forces bar and restaurant customers to step outside to light up. And some shoppers don't like it.
"Shenanigans has their own entrance but unfortunately, their entrance is pretty close to the mall entrance," Spoo said.
It's not just people standing outside Shenanigans, but smokers outside any mall entrance that's a concern. ...
bars try to shelter smokers from ban
In Aberdeen last week, the City Council put a moratorium on new construction at businesses licensed for on-sale alcoholic beverage consumption to give officials time to sort out the smoking ban.
Licensees will not be able to build until the moratorium ends.
According to their agenda for tonight's meeting, the City Council is expected to do a first reading of an ordinance covering outdoor smoking structures.
At Tommy Jack's Pub in downtown Sioux Falls, the management cleared
out a storage shed that was used to keep Christmas and Halloween decorations.
Now, the red wooden shed is a smoking hut of sorts, with a can inside
for cigarette butts. Bar manager Jessica Link said the shed will have
to do until the bar can get heaters. ...
lifts on casinos with absence of cigarettes
All across Deadwood, people took to the streets Wednesday to have their cigarette breaks as South Dakota's smoking ban went into effect.
Emotions were mixed, among smokers and nonsmokers alike.
"It's our right as Americans to smoke, and it's our right as business
people to run our business how we want to run it," John Boyd, owner
of Deadwood Tobacco Co. and Cigar Bar, said. His business is exempt
from the law because it hosts a cigar bar, but that doesn't change the
way he feels about the new law. "I'm tired of smokers being deemed
second-class citizens. We did not need a law put in place; any business
could have been non-smoking if they wanted."
clears in Rapid City bars but opinions linger on smoking ban
The smoke lifted from Rapid City's bars and casinos Wednesday, but strong opinions lingered.
Love it or hate it, as of 12 a.m., lighting up was no longer allowed in almost all public places in South Dakota, including bars, restaurants, video lottery establishments and Deadwood casinos, as voters last week overwhelming approved a smoking ban.
watch effect of S.D. smoking ban
The smoke has cleared in South Dakota in the battle over an expanded statewide smoking ban, but whether the newly enacted ban will affect businesses financially still is up for debate.
The ban on smoking in bars, casinos and restaurants officially went into effect Wednesday, making South Dakota the 29th state to have a comprehensive smoking ban, officials with the American Cancer Society said.
Minnesota passed a smoking ban in 2007 that applies to bars, restaurants and other areas. In nearby Luverne, Tim Rohrbach, who has owned Magnolia Restaurant and Bar for a year, said the former owner told him alcohol sales dipped slightly after the ban, while food sales increased, with more people choosing to eat in the bar.
Most people don't seem to mind the ban.
"There are some people that have difficulties, especially when
they come from South Dakota over here. They aren't used to it,"
Dakota smoking ban officially in effect
It's official. South Dakota's smoking ban is in effect as of 12:01 A.M. Wednesday morning.
The state's smoking ban has been a hot button issue for years, and getting this law in the books has been a process. In 2002 a smoking ban was passed in South Dakota which included many indoor businesses, but bars, casinos, and restaurants were exempt from that ban. Then in 2009 South Dakota legislators passed a law to extend the smoking ban to the bars, restaurants, and casinos. Before the law went into effect on July 1st 2009 opponents filed a petition with thousands of signatures to keep the law from taking effect until the public could vote on it. Then the validity of the signatures was challenged and it came down to Secretary of State Chris Nelson to decide if the petitioners did in fact have enough valid signatures. After analyzing each signature Secretary Nelson said they did and then his decision was taken to a judge who ultimately ruled the petitioners did in fact have over 2,000 more valid signatures than required to take the issue to a public vote. That vote happened on November 2nd, when voters overwhelmingly passed the measure 64 percent to 36 percent.
South Dakota is joining 28 other states that are smoke free. The states
closest to home are Illinois, Iowa, Kansas, Minnesota, and Nebraska
smoking ban a delicate task
Backers of the state's expanded smoking ban expect law-abiding South Dakotans to make the new restrictions workable, but opponents say it sets up hard choices for businesses and their customers.
"I would tell them it's against the law. I wouldn't call the cops on them," said Marlys Lindner, an owner at Kay's Casino in Sioux Falls.
Lindner opposed the law that South Dakota voters passed Tuesday 64 percent to 36 percent to forbid smoking in bars, restaurants and casinos. The new ban is an extension of one that took effect in 2002 on most other indoor businesses. ...
casinos preparing for smoking ban
NORTH SIOUX CITY, SD (KTIV) -- A decision by South Dakota's legislature nearly two years ago is backed up by voters.
Starting next week, you can't smoke inside the state's bars, restaurants and casinos. It's a victory for anti-smoking advocates, but could cut into the bottom line of some businesses.
Tuesday night, 65% of South Dakotans voted to expand the state's smoking ban. It's expected to save the state millions in health care costs, but casino operators are trying to figure out what's next.
The owner of Beano & Sherry's Casino in North Sioux City isn't sure what to do with all of their ashtrays. ...
ban extension on target for Nov. 10
The battle to extend South Dakota's smoking ban to bars, restaurants and casinos has been fought the past two years in the Legislature and in court. Finally, the issue is being settled at the ballot box.
With 770 of 791 precincts reporting, Referred Law 12 had the support of 65 percent of the voters. Secretary of State Chris Nelson is expected to certify the election Nov. 9, and the ban will go into effect the next day.
"A law that has gone through all these steps consistently shows what South Dakota wants," says Jennifer Stalley, government relations director for the American Cancer Society of South Dakota.
The Legislature last year extended the smoking ban, and Gov. Mike Rounds signed it into law. Opponents, however, mounted a petition drive to get the smoking ban on the ballot in hopes voters would repeal it. The validity of the signatures obtained in the drive survived a court challenge by the American Cancer Society and other smoking ban proponents. During all that time, enforcement of the ban has been held at bay. ...
smoking ban will take effect Nov. 10
South Dakotans snuffed out smoking in all bars, restaurants, video lottery establishments and Deadwood casinos by a resounding margin Tuesday.
With 83 percent of precincts reporting, voters approved Referred Law 12 64.9 percent to 35.1 percent to expand the state's smoking ban to all public places. With Tuesday's vote, only designated hotel rooms, tobacco shops and existing cigar bars will be exempt from the ban.
The statewide smoking ban, which was first passed by the state Legislature in 2009, will now go into effect Nov. 10. South Dakota is the 28th state to enact a comprehensive smoking law. Smoking has not been allowed indoors in public facilities and private workplaces without alcohol licenses since 2002.
"This is a wonderful day for public health in South Dakota,"
said Dr. Allen Nord of Rapid City, chairman of the South Dakota Tobacco-Free
Kids Network. "People are going to be healthier because of this
Expansion of smoking ban worthy of support
We've consistently supported the expansion of South Dakota's current smoking ban, and there has been nothing new presented during the campaign to make us reconsider now.
Opponents' prime argument that the ban's expansion would infringe on the property rights of bar, restaurant and gambling establishment owners continues to ring hollow.
Their hyperbole regarding the restriction of personal freedom doesn't
align with our nation's and state's litany of workplace regulations.
Business owners simply cannot treat their employees whatever way they
want and cry "freedom" in the process. ...
Leader/KELO-TV 2010 poll results: Smoking ban has widespread support
With just days to go before the election, opponents of expanding the state smoking ban who have fended off adoption of that law for a year still face a daunting task in convincing voters to kill it.
Referred Law 12 asks voters to ratify or to turn down a law passed by the Legislature in 2009 that would extend the public smoking ban to bars, restaurants, liquor stores and casinos.
An Argus Leader/KELO-TV scientific poll this week mirrors past polls on the subject and continues to show widespread support for expanding the smoking ban.
Sixty-two percent of respondents said they will vote to extend the ban.
Thirty-five percent oppose it and only three percent are undecided. ...
Smoking ban is about health, not just dollars
Freedom not the issue
against smoking ban draws mixed crowd
Minnesota likes smoking law
On Oct. 1, Minnesota celebrated the third anniversary of our wonderful smoke-free law.
I remember the heated debates and the controversy we experienced leading up to the passing of the law, much like what is happening now in South Dakota.
In Minnesota, we are happy to report smokers and nonsmokers have embraced our law, and we have few complaints or violations. Many businesses tell us they are doing well and appreciate the reduced maintenance costs.
We marked the anniversary of the law with an informal celebration at one of our local establishments. The owner, who was vocally opposed to the law, welcomed us with open arms. ...
casino patrons split on effect of smoking ban
DEADWOOD The sights, sounds and smells of Deadwood could change if South Dakota voters snuff out smoking in all public places, including casino floors.
Opponents of the smoking ban argue the state could stand to lose millions in gambling revenue if smokers stay home or cut their visits short to Deadwoods commercial gambling.
But on a recent evening, smokers and nonsmokers were split on how a
smoking ban would affect the leisure destination. ...
ban proponents, opponents alike: We need to take a stand for freedom
On Nov. 2, it will be up to South Dakotans to decide whether to snuff out smoking indoors in all public places, including bars, restaurants, video lottery establishments and Deadwood casinos.
Proponents say the ban is necessary to protect thousands of workers and patrons at alcohol-serving establishments from the dangers of secondhand smoke, a known carcinogen according to federal health agencies.
We have thousands of people who go to work and are breathing
secondhand smoke for eight to 10 hours. That can all be avoided,
said Dr. Allen Nord, chairman of the South Dakota Tobacco-Free Kids
Network. No one should have to make a choice between a good job
and breathing clean air. ...
of smoking ban frame debate as matter of choice
Two groups opposed to a statewide smoking ban in South Dakota said Thursday that the ballot issue voters will decide in November isn't about health and smoking, it's about freedom and choices.
South Dakotans for Better Health and Freedom and Citizens for Individual Freedom held a joint news conference to outline why they oppose Referred Law 12. It would expand the 2002 state smoking ban to bars and casinos.
"It's time to stand up for the rights guaranteed by the Constitution," Sen. Gordon Howie said. "Freedom is the foundation on which America rests. Let's put a stop to the destruction of our freedom in this state and nation."Besides arguing for freedom, speakers at the news conference challenged the idea that secondhand smoke is a health hazard, but proponents of the ban say a definitive study by the U.S. surgeon general concluded in 2006 that there is no safe level of secondhand smoke. ...
Mayor Hanks Addresses Smoking In City Vehicles
The City of Rapid City adopted a no-smoking policy in 1987 that banned the use of any tobacco products in all city buildings and vehicles.
But Rapid City mayor Alan Hanks says he has received a number of complaints from the public about smoking in city vehicles.
Hanks says he discovered an executive order that was issued in 2004 that created exceptions to the no-tobacco policy. Those exceptions were most specifically for employees who spent "a significant amount of thier work time in a city vehicle."
Hanks said the exception runs contrary to the city's adopted policy of providing a tobacco free and healthy work enviroment for all employees. Hanks said the ban on tobacco products must be applied equally to all city employees.
Mayor Hanks has issued an order rescinding the exception effective
Free Campaign Begins in SD
PIERRE, S.D. - The push to ban smoking in all workplaces and most businesses in South Dakota is getting underway Tuesday, and voters in November will decide the fate of the referred measure. Opponents say it's a decision that should be left up to each business.
Jennifer Stalley with the "Yes on 12! A Smoke Free South Dakota" campaign calls it a public health issue.
"We don't let clean water, we don't let well-prepared food, we don't let hours of alcohol sales be something that's decided on a business-by-business basis, and we certainly don't think that clean indoor air should be something that a business gets to decide to use as a marketing advantage." ...
ban debate centers on health vs. rights
Both sides of the proposed ban on smoking in South Dakota bars and restaurants were heard Saturday at the Corn Palace in Mitchell.
Jennifer Stalley, campaign manager for the Its Time A Smoke-Free South Dakota ballot committee, and Don Rose, who owns bars in Sioux Falls and Tea and represents Citizens for Individual Rights, sparred on smoking and the financial and legal impact of a ban.
Voters will decide if a ban on smoking in workplaces should be extended to bars and casinos. The 2009 Legislature approved extending the smoking prohibition, but it was referred to a vote. ...
Residents Fight for Their Right to Light Up
Larry Mann walks out of the Franklin hotel in Deadwood, South Dakota talking about those who would ban smoking here.
"They're ridiculous," he says, calling smoking a "national pastime" in this traditional western town."If you look back over the history of Deadwood, smoking would probably be one of the safer things to do."
He points out residents have been smoking in Deadwood bars long before Wild Bill Hickock was murdered here in 1876, and he calls it a "basic civil liberties issue."
"We think it's an intrusion of government to tell business owners how to run their businesses." Mann is a longtime Deadwood institution and is now a spokesman for Deadwood's gaming industry, which is supporting a referendum that would preserve the right to smoke in Deadwood's bars and Casinos.
Mann says smoking bans always hurt casino businesses. "They go directly to reduce revenue," he says as he walks with a reporter down Main Street. "[They] make operations difficult if not impossible to make a profit."
The ballot proposal would exempt casinos from a law that bans puffing
cigarettes in all places of employment in South Dakota. South Dakota
actually passed a "no smoking" law 6 years ago, but up until
last year Casinos had been exempt. ...
debate: Pro - Smoking at Southeast Tech
ponders smoking ban at city facilities
falls out of favor
If a recent Sioux Falls poll is any guide, South Dakota's bars, restaurants and casinos will be smoke-free by next year.
Two-thirds of participants in a poll commissioned by the Argus Leader and KELO-TV said they would vote in November for the public smoking ban.
However, opponents of the ban say the poll reflects people's personal
attitudes toward smoking but does not show whether those people would
vote to ban smoking if they knew it would cost the state and local businesses
a significant amount of money. ...
lawmakers reject 2nd smoking ban ballot measure
South Dakota residents have known for months that they would get to vote this fall on whether to accept the state's new comprehensive smoking ban.
On Tuesday, lawmakers on the House Health Committee rejected a proposal that would have asked voters to also decide the whether to instead back a weaker ban.
Opponents of the proposed weaker ban, including House Republican Leader Bob Faehn, said it would have been confusing to voters to have to try to distinguish between two competing measures. ...
expands smoking ban
The Pennington County Commission expanded its tobacco ban to the grounds of the City/County Alcohol Programs and the county Health and Human Services Department, both housed at 725 N. La Crosse St., as well as the Friendship House at 211 West Blvd.
The City/County Alcohol Program includes both detox and treatment. The Friendship House is a halfway house for recovering alcoholics and addicts.
The commission voted unanimously Tuesday to approve the expanded ban requested by Sheriff Don Holloway. ...
sue for right to use tobacco in ceremonies
A group of inmates at the South Dakota State Penitentiary wants the Department of Corrections to reinstate their right to use tobacco during religious ceremonies after it was taken away because of concerns over addiction and abuse.
A federally recognized inmate group called the Native American Council of Tribes says the way the change was made constitutes a violation of their right to religious freedom, but it is unclear if the group's federal complaint will be allowed to proceed.
"They would normally need to exhaust all the administrative remedies before a lawsuit can be heard," said Robert Doody, the American Civil Liberties Union's Director for South Dakota. . . .
"Medicine Men and Spiritual leaders, who lead ceremonies at our facilities, have brought to our attention that it is too addictive to be used for ceremonies," Director of Prison Operations Douglas Weber wrote in a letter announcing the change.
The letter also noted that inmates had been caught separating the tobacco from the rest of the herbs and selling it to other inmates. ...
Smoking Ban Could Cost Video Lottery $30-million
Enacting the statewide smoking ban that voters will consider in November of next year could cost the state $20-$30-million in proceeds from the state's video lottery establishments. Lottery lobbyist Larry Mann says other states that have adopted public smoking bans have seen similar drops that in most cases are never recouped.
"And in a tough economy, you're talking losing a key piece of revenue that state leaders can ill afford to do without," Mann said.
Mann cited the frequent connection between smoking and video lottery as reason for the drop. Players who aren't able to 'light up' while they sit at the machines may not play for as long, or choose not to play at all, if the ban is made law. ...
won't appeal smoking ban ruling
Attorney General Marty Jackley announced minutes ago that he and Secretary of State Chris Nelson have decided against appealing the decision of Circuit Judge Kathleen Trandahl in the smoking-ban referendum case. The American Cancer Society doesn't plan to appeal either. That clears the way for the ban to be referred to a statewide vote on the November 2010 election ballot. ...
fight over ban expected
Backers of a statewide smoking ban say they expect to be outspent by opponents in what's expected to be a hard-fought campaign after deciding Thursday not to appeal a judge's ruling. The decision makes the prospect of a November vote more likely.
However, Attorney General Marty Jackley says he and Secretary of State Chris Nelson will meet today to discuss a possible appeal. A decision is likely within a week.
Jackley said the American Cancer Society's decision not to appeal "is certainly a consideration" as he and Nelson decide the state's course. ...
React To Smoking Ban Heading To Ballot
If South Dakotans want to snuff out smoking in the state they'll have to vote on it. The American Cancer Society announced it will not appeal last week's ruling that gave opponents of the ban enough signatures to put the issue on the ballot.
The decision opens the door for the campaign to begin. At The 212 Boiling Point Bar and Grill in Brandon, opinions are already steaming about South Dakota's statewide smoking ban.
"I'd like to see it go into effect now," smoking ban supporter
Carla Lingor said. ...
Cancer Society Won't Appeal Smoking Ban Ruling
The American Cancer Society says it will not appeal Judge Trandahl's ruling regarding the statewide smoke free law.
Thursday, Judge Kathleen Trandahl ruled that there were enough petition signatures to refer the smoke-free law to the 2010 ballot.
American Cancer Society South Dakota Government Relations Director Jennifer Stalley says, It is appropriate that today, on the 34th annual American Cancer Society Great American Smoke Outa day dedicated to helping smokers quitthe American Cancer Society, along with more than fifty diverse public health, business and medical groups, will begin in earnest our statewide effort to support the smoke free law on the November 2010 ballot and ensure that no one has to choose between their health and their job in our great state."
We are confident that the vast majority of South Dakotans support this law and that by this time next year the 35th annual Great American Smoke OutSouth Dakota will be a smoke free state. ...
on smoking ban appeals may emerge this week
State officials should know this week whether they will appeal a judge's decision that paved the way for a public vote next November on a smoking ban in South Dakota.
Secretary of State Chris Nelson said Monday the decision to appeal Circuit Judge Kathleen Trandahl's ruling last Friday "will happen sometime this week" once he and Attorney General Marty Jackley find time to sit down and discuss it.
Jennifer Stalley, a spokeswoman for the American Cancer Society, said her group also hopes to decide on a potential appeal this week. ...
Opinion: Smoking Ban Extension Decision Belongs To Us
Based on a judges decision last week - and pending a possible appeal - South Dakotas proposed smoking ban extension will go to a vote of the people a year from now. And thats where the decision belongs.
The law, which would ban smoking in bars, video lottery operations and Deadwood casinos, was passed by the Legislature last winter. The law, which is an extension of a ban that the state placed on most public places seven years ago, was to have gone into effect July 1.
Shortly after the bans passage, a petition drive was commenced to refer the measure to a public vote. Petitions were submitted this summer, which postponed the July 1 implementation date. However, the secretary of states office discounted more than 8,800 signatures as invalid, thus causing the petition drive to fall short of its goal. Legal action ensued, and Circuit Judge Kathleen Trandahl last week ruled that enough signatures were eligible to place the measure before a vote of the people in 2010.
While we would tend to look favorably upon a smoking ban, we also believe this is an issue the public itself should be allowed to weigh in on in order to validate the decision or place parameters on efforts to restrict smoking. After all, it is the public good that is the point of this effort. ...
Ban Ruling May Impact Petition Process
South Dakota voters will decide whether a statewide smoking ban should go into effect. That decision will impact hundreds of businesses in the state. But the judge's decision to put the issue to a vote may have an even greater impact on the petition process in the future.
The petitions were accepted despite mistakes in notarizing the sheets, mistakes ranging from the wrong date to forgetting to write down the year.
They are mistakes the Secretary of State and Attorney General's Office argue should not have been accepted.
A statewide smoking ban may be the issue at the center of a court challenge in South Dakota, but Secretary of State Chris Nelson's part in the trial to put the ban on the ballot had nothing to do with smoking.
"The court found that there were a number of areas where we had determined there were errors with the petitions that the court has the authority to find substantial compliance and essentially overlook those types of errors," Nelson said.
Nelson plans to sit down with Attorney General Marty Jackley later this week to talk about the rules and laws regarding petitions and see if this ruling to allow these errors sets a precedent.
"If a court says these types of errors are okay, where does that land us on the next petitions? What other things are going to be okay then, and then we get to a point of is there integrity left in the petition process?" Nelson said.
Nelson is most concerned with the integrity of South Dakota's petitions
and elections, rather than the effort to ban smoking in bars and restaurants.
Smoking Ban To Go To Public Vote In 2010
Smokers will have at least another year of smoking in the bars in South Dakota.
That's because a circuit judge ruled yesterday that opponents of South Dakota's smoking ban have gathered enough petition signatures to put the measure to a statewide public vote.
After testimony ended in a two-day trial, Circuit Judge Kathleen Trandahl found that opponents of the ban had collected 2,244 more signatures than they needed to force a public vote. ...
ban trial begins
PIERRE Citizens have the right to refer South Dakotas expanded smoking ban to a statewide vote, Circuit Judge Kathleen Trandahl ruled Thursday. Now its up to her judgment whether sufficient signatures are valid on the petitions to put the referendum on the Nov. 2, 2010, ballot.
This is not the type of case the court can piece-meal, Trandahl said. She noted there are 26 categories of reasons that signatures were rejected by the secretary of state, and there are issues of fact that need to be heard. She spoke of time constraints, with the election less than one year away.
We only have time to do this case right once, she said.
The trial over those signatures heads into the second and presumably final day this morning at the Hughes County courthouse, with the petitioners standing 17 signatures short of the 16,776 minimum necessary to make the battle.
In his Oct. 30 affidavit, Secretary of State Chris Nelson told the court he had determined the petitioners were 61 signatures short. But adjustments hes made since then pared the number to 18 as the trial opened Thursday morning.
After hours of grinding Q-and-A on the witness stand, Nelson added one more signature to the valid column Thursday, leaving the petitioners still 17 short.
Under test is South Dakotas doctrine of substantial compliance regarding election laws. More than 8,000 signatures were rejected by Nelson. Lawyers for the three sides in the case spent Thursday afternoon battling over why signatures were disallowed. ...
Ban Signature Deficit Down To 18
The status of South Dakota's smoking ban does not constitute a medical emergency. That ruling came Thursday from Circuit Court Judge Kathleen Trandahl who put the wheels in motion for a trial challenging thousands of petition signatures needed to put the issue to a public vote.
The latest signature count was shown in court Thursday and revealed that opponents of the ban are only 18 signatures short of what's needed to get the smoking ban on South Dakota's November ballot.
Secretary of State Chris Nelson took the stand first and testified
that his office has been doing some more research into the names that
were considered invalid. Some of the people were registered voters on
the county level but didn't show up in the state system, so more people
validly signed the petition than originally thought. ...
Cancer Society Wants More Petition Signatures Rejected
Talk of a state wide smoking ban being put to a public vote ignited
in Pierre today.
Before a trial began this morning the judge decided against a request from the American Cancer Society that smoking in public places is a public health emergency.
She also rejected a motion by bar and casino owners to count petition signatures that were previously tossed out by Secretary of State Chris Nelson.
That's when the trial began in Pierre, and petition organizers tell
Action News tonight they wished they could have done things differently
so a trial could have been avoided. ...
Questioned About Seal In Smoking Ban Trial
South Dakota's smoking ban faces one burning question. Did the notaries
who verified the petitions do enough to make them official?
Several notaries took the witness stand Thursday and were questioned
about how they signed and dated the petitions and if they did it legally.
"It's hard to remember the date so I had my date printed right on it, thought I had all my bases covered," Wegman said.
fight heads to court
PIERRE The main event starts Thursday morning in South Dakotas
courtroom battle over whether the expanded smoking ban passed by the
Legislature earlier this year will become an election battle next year.
First up Thursday are arguments before Circuit Judge Kathleen Trandahl about whether the law can be referred, as well as a related argument on one piece of evidence and an argument regarding notary-public information on the petitions.
Depending upon how Judge Trandahl rules on those questions, next up might be a lineby-line battle over the validity of hundreds of signatures on the referendum petitions.
The latest affidavit from Secretary of State Chris Nelson shows the petitions are 61 signatures short of the 16,776 minimum necessary to qualify for the ballot. ...
smoke testimony banned from fight
The state judge in charge of deciding whether South Dakota's new smoking
ban can be referred to a statewide vote ordered Monday that the American
Cancer Society can't call witnesses to testify on the effects of second-hand
The cancer society is attempting to show that the ban passed by the Legislature is necessary for the preservation of public health and therefore can't be subject to referendum under a provision of the South Dakota Constitution.
"It is undisputed that the South Dakota Legislature passed HB 1240 without an emergency clause and did not declare HB 1240 to be necessary for the immediate preservation of the public health," Judge Trandahl said in her order released Monday.
The judge plans to hear the cancer society's arguments on the public-health issue and the petition sponsors' rebuttals on Nov. 12.
Her decision on whether the ban can be referred will determine in turn whether a trial should proceed on the validity of hundreds of signatures on the referral petitions. The trial would then start later that same day. ...
society in fight for ban
The American Cancer Society can join a lawsuit that will determine whether a smoking ban approved by the South Dakota Legislature will be referred to a public vote, a judge ruled Tuesday.
That means the American Cancer Society can make the case that the smoking ban passed this year but never implemented is not even subject to review by the electorate and should immediately become law.
"It takes us back to that threshold issue whether this is important enough that the law go into effect sooner rather than later," Jennifer Stalley of the society said.
The society can intervene because the other parties, the state and opponents of the ban, will not adequately represent its interests, Circuit Judge Kathleen Trandahl said in her ruling. The society now can pursue its argument that the smoking ban cannot be referred to a public vote because it is necessary for the immediate benefit of public health.
Cancer Society Seeks To Join Smoking Ban Lawsuit
It's the lawsuit that has smokers and some businesses joining forces to make sure South Dakota doesn't become smoke free.
Now another group is getting involved.
South Dakota's Legislature approved a ban earlier this year, Governor Rounds signed it into law...to go into effect July 1.
But a failed petition to bring it to a public vote led to a lawsuit to stop the ban from taking effect.
Tomorrow, the American Cancer Society will ask to join that lawsuit in hopes of making bars and restaurants smoke free.
The American Cancer Society fully believes if it is successful in making
South Dakota smoke free, the impact on people's health will be real
and lasting. Erik Gaikowski is an American Cancer Society spokesman.
"The more smoke free places there are the less likely people are
going to be to smoke and you'll decrease your risk of lung cancer, heart
disease and asthma." ...
Ban Battle In Courtroom Tuesday
The smoking ban legal battle could be decided as early as next Tuesday. Smoking ban opponents filed a lawsuit calling for a judge to decide whether rejected petition signatures should have been thrown out.
A hearing is set for Tuesday in Hughes County. That's when a judge
is expected to rule on several motions that were filed from both sides
of the lawsuit. And because both sides are asking for a summary judgement,
the judge could rule on the case that same day. For now, proponents
and opponents of the smoking ban say they'll wait and see.
delay in case unfortunate
Will South Dakotans get to decide if the state should go smoke free?
Its disheartening to see repeated delays move this issue further
from the hands of voters. ...
Challenges to smoking ban allow health risks to continue
When students from other states came back to SDSU this year, they probably expected smoke-free bars and restaurants. But they quickly discovered when they saw someone light up in one of the downtown bars that much has changed with the smoking ban over the summer, and it's not for the better.
This past session, the South Dakota Legislature passed and the governor signed an expanded smoking ban that would have made almost all bars, casinos and restaurants smoke-free. The bill was set to go into effect July 1 until a group of bar and gambling business owners turned in petitions to put the smoking ban to a public vote in the 2010 general election.
After a challenge from smoking ban proponents, officials with the Secretary
of State's office denied the petitions, ruling that too many signatures
were invalid. This sparked a series of other legal challenges, and the
issue is now caught in the court system. The smoking ban will not go
into effect until these legal situations are sorted out, making this
smoking ban saga not only confusing, but unhealthy. ...
delayed in SD smoking ban dispute
The trial has been delayed in the legal battle over whether South Dakota's strengthened smoking ban should be put to a statewide vote next year.
The trial originally was scheduled to start next Monday, but now has been moved to Oct. 26 in Fort Pierre, according to the state attorney general's office.
Circuit Judge Kathleen Trandahl will hold a hearing on Sept. 11 to deal with some issues in the lawsuit. . . .
The Sept. 11 hearing will deal with whether the American Cancer Society can intervene. ...
Ban Case Gets New Judge (SD)
A new judge will preside over the South Dakota smoking ban legal battle. Judge Mark Barnett has been removed from the case and Judge Kathleen Trandahl has been appointed to decide whether the ban should be put on the 2010 ballot.
The American Cancer Society requested that Judge Barnett not be part
of the smoking ban case. That's because he worked in the Attorney General's
office just a few years ago, and the Attorney General's office will
be arguing for the Secretary of State's office in the case. And now
that that request has been granted, the American Cancer Society also
wants to officially be part of the courtroom battle over the smoking
The American Cancer Society wants a South Dakota circuit judge to declare the new smoking ban passed by the Legislature "necessary for the immediate preservation of public health" and throw out the request for a statewide vote.
Sioux Falls attorney Richard Casey, representing the American Cancer Society, is claiming in newly filed court papers that South Dakota's expanded smoking-ban law can't be referred to a public vote because it would violate the state constitution.
Casey is trying to use a provision of the constitution prohibiting referral of laws passed by the Legislature that "may be necessary for the immediate preservation of the public peace, health or safety, support of the state government and its existing public institutions."
The South Dakota Supreme Court has never addressed the specific point regarding public health that Casey has raised, said Rapid City attorney Sara Frankenstein. ...
smoking ban legal fight focuses technicality
PIERRE, S.D. -- The legal battle over South Dakota's strengthened smoking ban focuses on a judge's decision about whether technical errors were substantial enough to toss out more than 25,000 petition signatures calling for a statewide public vote on the issue.
Bars and gambling businesses that oppose the ban collected signatures
to force a public vote in the November 2010 election, but Secretary
of State Chris Nelson eventually rejected the petitions, ruling that
too few valid signatures were submitted. The petitions fell 221 signatures
short of qualifying for the ballot, he said. ...
Breath fights commercial tobacco use
Saturday's Sacred Breath Pow Wow at the Journey Museum honored those working to make South Dakota a smoke-free state.
About 300 partcipants gathered to enjoy a noon meal and a the powwow. And despite the rain threatening to turn everything to a soggy mess, the honoring ceremony went on as planned.
The purpose of the event carried an important cultural message, organizers said.
"We need to teach the ceremonial use of tobacco, which follows and maintains our cultural protocol," said Big Crow, Study Coordinator/Research Assistant at Black Hills Center for American Indian Health. "In our culture, the use of tobacco is very sacred. But we also support tobacco-free legislation and don't promote the social use of tobacco." ...
hearing set in smoking ban dispute
Associated Press - July 31, 2009 9:55 AM ET
PIERRE, S.D. (AP) - An Aug. 24 court hearing date has been set in South Dakota's smoking ban dispute.
Bars and gambling businesses who want a public vote on the state's smoking ban want a judge in Pierre to overrule Secretary of State Chris Nelson, who ruled last week that not enough valid petition signatures were submitted to put the law on the ballot.
After the Legislature passed a law expanding the smoking ban to bars and casinos, opponents submitted petition signatures seeking to put the issue on next year's election ballot. Supporters of the smoking ban challenged some of the signatures, and Nelson last week threw out more than 8,000 signatures for various technicalities. ...
Notaries had incorrect seal on smoking ban petitions
Twenty-nine notaries public listed incorrect information on their notary seal expiration dates on petitions to refer a law expanding the state smoking ban to a public vote, South Dakota Secretary of State Chris Nelson said.
Nelson said a review of disallowed petition signatures by his office found problems with the way those notaries signed petitions containing more than 2,000 signatures to refer the expanded ban to the November 2010 general election.
"The issue affecting a little over 2,000 signature lines are notary
publics that put an incomplete or incorrect expiration date," Nelson
"It's not just one person who made a mistake. It's a widespread issue of how things were being notarized," Stalley said. "It's obviously a wider spread issue. And it's not just one person holding things up. It's an issue with complying with the notary standards." ...
of smoking ban gain a delay
South Dakota's statewide ban on smoking is headed to a courtroom - probably within a month - as bar and gaming facility owners successfully won a stay Monday in Hughes County Circuit Court.
The delay means smokers can continue to light up in bars, restaurants, Deadwood casinos and video gaming establishments. Ban opponents say the public should get to vote on the issue.
A hearing date has not been set, but one is expected quickly, said state Attorney General Larry Long.
"I can see a scenario where the judge has his decision within
30 days," Long said. "I think we'll see within two to three
weeks, it'll go to trial."
et. al. v. SOUTH DAKOTA
APPLICATION FOR WRIT OF MANDAMUS
Petitioners, by and through their counsel of record, Sara Frankenstein
of Gunderson, Palmer, Nelson & Ashmore, LLP, hereby submit this
Application for Writ of Mandamus pursuant to SDCL § § 21-29-2
and 2-1 -18 which requests that the court order Chris Nelson, in his
capacity as Secretary of State, to certify that the referendum petition
regarding House Bill 1240 has been signed by the required number of
qualified electors pursuant to SDCL Chapter 21 and to place House Bill
1240 on the general election ballot on November 2, 2010. . . .
THE COURT DOES NOW:
opened way for smoking-ban petition dispute
Circuit Judge Mark Barnett issued an order Monday preventing South
Dakota's expanded smoking ban from taking effect until a legal fight
is decided over whether there should be a statewide vote.
That gap is a key in the dispute over whether there can be a statewide
vote on the ban, which was passed by the Legislature last winter. .
Nelson agreed with Stalley's affidavit that 2,552 signatures are on petition pages showing incorrect expiration dates for the public notaries and, therefore, those signatures aren't valid. ...
Ban Decision Challenged
Bars and gambling businesses that filed the petitions to force a public vote on South Dakota's smoking ban will ask a judge to reinstate some of the signatures that were thrown out, its representative said Friday.
State Secretary of State Chris Nelson on Thursday rejected the petitions because not enough valid signatures were submitted. The effort to put the law on the November 2010 ballot fell 221 signatures short out of 25,400 submitted, he said.
Larry Mann, who represents the petitioners, said Friday that 2,035 of the signatures were valid but were on petitions signed by a notary public who put down a wrong expiration date for his or her seal.
That technicality warrants a legal challenge because it easily puts the effort over the 221 signatures needed to have all South Dakota residents weigh in on it, he said.
"If they did everything else correctly and simply failed to put down an accurate date of their expiration, I think that is what the law defined as a mere technicality," Mann said.
"When an honest clerical error is made, should we disenfranchise not only 2,000 petition signers but 400,000-plus voters over this kind of a technicality?" ...
Smoking ban issue resolved; time to move on
Though state officials are deciphering the legal technicalities about what's next for South Dakota's smoking ban, for most residents the issue is settled.
They're ready for the ban to begin.
Opponents of the new law - originally set to go into effect July 1 - have had their democratic say.
They gathered thousands of petition signatures to put the ban - which incorporates bars and casinos into an existing smoking ban in public places - to a statewide vote.
Then they filed those signatures, all 25,400 of them, with the secretary of state's office.
It turns out, though, that many of the signatures were invalid. At least, there were enough invalid signatures to lead Secretary of State Chris Nelson to throw out the petition.
Nelson and the state's attorney general expect that opponents will challenge that decision, however.
Certainly, opponents still have a democratic right to continue pursuing all options available to them.
But South Dakotans have been quite clear on the issue. Most folks want smoking banned in public places. ...
Reaction To Smoking Decision Mixed
News that petitions challenging a statewide smoking ban didnt have enough signatures to be placed on the 2010 ballot was met with mixed reactions by Yankton residents Thursday.
State officials have not determined when the ban on smoking in bars and casinos will go into effect. Nor is it clear whether petition organizers will challenge in court Secretary of State Chris Nelsons finding that they were short by 221 signatures.
Sen. Jean Hunhoff (R-Yankton), who is involved with the Yankton Tobacco Education Coalition and was a sponsor of the smoking ban in the Senate, said she hopes Thursdays development will mean the legislation will go into effect soon.
Its a day that we had planned for in the Legislature, and its what we believe the people of South Dakota have wanted, she said. ...
Researches Smoking Ban Startup
The South Dakota Attorney General's office has been pouring over old court cases to determine exactly when the smoking ban goes into effect. The unusual nature of this petition challenge hasn't given the attorney general much to go on in setting a new timeline.
South Dakota's smoking ban can't go into effect until after the Secretary of State notifies petitioners by mail that they didn't submit enough valid signatures for a statewide vote.
"We don't think it will take effect until after the Secretary sends out that notice. The question in our mind is how many hours or days after that notice is sent out does the law become effective," Attorney General Larry Long said.
Because this type of petition challenge is a first for South Dakota, Long says state law doesn't give clear guidance about when the smoking ban can take effect.
"Hopefully, the Supreme Court of South Dakota will, in some prior situation, have given us some guidance, and failing that, we'll go and look for guidance from courts in other states," Long said.
Another complicating factor is the potential of a lawsuit challenging
Nelson's rejection of the signatures. Long says if a challenge is filed,
a judge could suspend the smoking ban until the matter is finally settled
in the courts. ...
ban challenge rejected
South Dakota Secretary of State Chris Nelson on Thursday rejected petitions calling for a statewide vote a law that bans smoking in bars and casinos because not enough valid signatures were submitted.
Out of 25,400 signature lines, the referendum effort failed by 221 valid signatures, he said.
Nelson said he would likely formally notify the petition sponsors Monday. In the meantime, Attorney General Larry Long will research when the law will take effect.
However, either side can appeal the decision to a judge and eventually to the state Supreme Court. That means opponents of the smoking ban, who sought the vote, could still obtain a judge's order to overrule the secretary of state and put the measure on the ballot
Of SD Smoking Ban Petition Complete By Friday
Tonight South Dakota's Secretary of State Chris Nelson, tells Action
News he expects to finish reviewing all of the signatures on the ballot
petition challenging the smoking ban by the end of the week. . . .
still checking petition challenges
PIERRE, S.D. (AP) - South Dakota Election Supervisor Kea Warne (WAHRN) says the secretary of state's office has reviewed more than half the challenged signatures on petitions that seek to put a statewide smoking ban to a public vote.
The Legislature passed a law expanding the smoking ban so it would outlaw smoking in bars and casinos. Opponents then submitted petitions that were certified by the secretary of state's office to put the issue on next year's election ballot.
But supporters of the smoking ban have challenged 9,891 of the petition signatures as being invalid. ...
challenge creates 'tedious process' for state
State workers are about 40 percent of the way through a list of disputed signatures on the smoking ban petitions, and after eight days on the job, there's still no telling when they'll be done.
Secretary of State Chris Nelson and three workers are checking the validity of 9,891 signatures on petitions that would force a 2010 vote on banning smoking in South Dakota bars and restaurants. On Wednesday, Nelson wouldn't speculate on when the job will be done or comment on how many signatures have been invalidated so far.
"This is a very tedious process," he said.
If the challenge is successful, Nelson said he assumes smoking in bars and restaurants across the state will become illegal.
"Hypothetically, the law would go into effect immediately,"
Nelson said. ...
Report On Smoking Ban Petition
South Dakota's state-wide smoking ban is getting closer to either becoming law or going to a vote.
The Secretary of State's office has now spent six days going through
signatures after the Tobacco Free Kids Network questioned whether enough
of the signatures collected by ban opponents are legitimate.
Four workers are going through 383 pages of questionable signatures. They're about a quarter of the way through. ...
of smoking ban seek to stop public vote
But Jennifer Stalley of the American Cancer Society said she spent the past week checking petition signatures and claims nearly 39 percent are invalid because they do not come from registered voters or contain other flaws.
State election supervisor Kea Warne said the secretary of state's office will consider Stalley's challenge. No one has previously used the state law that allows such a challenge to be filed with the secretary of state because prior challenges of petition signatures for ballot measures have been handled in court, Warne said.
Larry Mann, a lobbyist for video lottery businesses who also heads the coalition that gathered the signatures, said laws dealing with certifying signatures and challenging them seem to conflict. Mann said he would not be surprised if the issue winds up in court.
Challenge First Of Its Kind In SD
Thursday was a historic day in South Dakota. For the first time a group is challenging a petition to put an issue on a statewide ballot. Supporters of a statewide smoke free law filed paperwork with the Secretary of State's office claiming opponents did not collect enough signatures to put a smoking ban on the 2010 ballot.
The South Dakota Secretary of State's office says checking the signatures smoke free supporters are challenging will be a top priority for them.
The Secretary of State's office will start reviewing the nearly 10-thousand
challenged signatures Monday to determine whether they are, in fact,
invalid. It previously took three people, three days to go through 13-hundred
signatures. At that rate, it would take the staff working on the challenge
until the middle of August to finish the review. But no matter how long
it takes a challenge of a petition this size, on a statewide level,
is history in the making.
vote no longer certain on smoking ban for bars, cafés
Opponents of South Dakotas new state law banning smoking in bars, casinos and restaurants that serve alcohol might not get the chance to put the issue to a statewide vote after all.
Thats because the leader of South Dakotas anti-tobacco movement filed a lasthour challenge to their referendum petitions Thursday.
The referendum petitions had prevented the ban from taking effect July 1 at the same time as most other new South Dakota laws passed by the Legislature last session.
If the petitions survive the challenge, a statewide vote would be held as part of the November 2010 general election.
But if Jennifer Stalley of the American Cancer Society is right, there wont be a vote at all and the ban would kick in when the legal dust settles.
Stalley delivered a thick binder to the office of Secretary of State
Chris Nelson, whose staff oversees election compliance, challenging
the petitions at about 4 p.m. Thursday. . . .
Ban Supporters Say 10,000 Signatures Invalid
The American Heart Association is crying foul over nearly 10,000 signatures gathered to put the issue on the ballot.
Darrin Smith with the American Heart Association said, "They do not have the minimum number of legitimate valid signatures to qualify for the ballot and that is precisely that challenge that we're using today."
But one of the people who helped get the issue to a public vote believes the signatures will stand.
Larry Mann of Video Lottery Establishments of South Dakota said, "I feel confident that the law, the statute that the secretary uses to validate those signatures was complied with."
But Darin Smith disagrees and says the discrepancies are big enough to overturn the petition right now.
"The most common reason for the nearly 10,000 invalid signatures were very simply, several thousand people who signed the petition sheets were not registered voters," he said.
Larry Mann counters, "Politics is a strange thing and I can't imagine this would be overturned, but if it is, we'll have to discuss it at that time."
A coalition of health advocates on Thursday claimed that almost 10,000
signatures collected by opponents of a statewide smoking ban are invalid.
The coalition of anti-smoking groups, which had five days to challenge
the petition drive, claims that more than 4,000 signatures are from
people not registered to vote. Another 3,800 were signed on petitions
that were not properly notarized.
"These are black and white issues not necessarily open to interpretation,
so we feel very good about the prospects for our challenge," said
Darrin Smith, senior director for the American Heart Association and
a steering committee member for the South Dakota Tobacco Free Kids Network.
Supporters of South Dakota's new smoke-free law are challenging a petition that could force the law to go to a statewide ballot in 2010. The South Dakota Tobacco Free Kids Network has filed the challenge arguing nearly 10,000 of the 25,000 signatures turned in by a group that opposes the recently-passed smoking ban are invalid. After reviewing nearly 1,000 pages of signatures, the group says many of them do not belong to registered voters and as many as 39 percent are not valid.
Jennifer Stalley, project director for the Network, personally signed the affidavit challenging the signatures and says her group believes that 9,891 of the 25,400 signatures submitted to the secretary of state are invalid. The network believes the petition also contains problems with the way some of the signatures were gathered.
"We have respected the rights of the opponents to partake in this process, and this is the next step in that process. We think it is only fair to ask the secretary of state to review the signatures in total, given the law's impact and the immediate need to have it go into effect to preserve the health of those folks who are working in an environment where smoking is currently allowed."
State smoking ban all but certain
Smoking ban proponents have a sure knockout on their hands if they can only wait for the public to weigh in the state's proposed smoking ban in November 2010.
But they're not waiting.
Earlier this week, Jennifer Stalley of the American Cancer Society, was in the Secretary of State's office photocopying some 25,000 petitions so her group could check their validity firsthand.
Maybe they're not confident it's a sure thing?
It's more likely they're simply taking a precautionary first step in what will be a months long battle over the future of the state's health. . . .
Exceptions exist only for some smoke shops and hotel rooms and that is exactly what the people will be voting on in November 2010.
At this point, we're not sure what the opposition to the ban hopes to gain by this delay. Is it simply to give the state a chance to weigh in on the matter? Or could it be they see another Legislative session as an opportunity to introduce other legislation that would circumvent the current proposal?
One thing seems clear: Unless Stalley's group finds insufficient signatures to force a recount at the Secretary of State's office, we can expect 16 months of robust and spirited debate, again.
And then on one day, in November 2010, we'll put the issue to rest. ...
get OK in smoking fight
Opponents of an expanded smoking ban that was to begin July 1 have enough valid signatures to delay its implementation and put the issue on next year's November election ballot, South Dakota's secretary of state said Thursday.
But neither side is convinced that it's headed to a vote yet.
Secretary of State Chris Nelson said his office randomly sampled 5
percent - or 1,270 - of the roughly 25,000 signatures turned in Monday.
Based on that review, some signatures were thrown out. But the percentage
that passed muster, extrapolated out for the entire number turned in,
led them to certify 18,320 valid signatures, Nelson said.
Ban supporters to review petitions
"The secretary pulls out 5 percent and samples them to determine an error rate," Stalley said. "We're not doubting the secretary of state's work. We're just putting the signatures through a more rigorous review.
"I know the percentage of bad signatures found in the cursory review was higher than expected for this type of effort. We want to look at each and every signature to make sure they were circulated by people qualified to circulate them. We want to make sure people didn't sign twice, which is a common error in the referendum process." ...
Smoking Ban Petition Signatures
Time is tight for the South Dakota Secretary of State's office. With barely a week until the statewide smoking ban is set to take effect, the office needs to sift through 25,000 signatures from petitions to put the ban to a public vote. If 17,000 are legitimate, the ban will be delayed and the issue will go to a public vote.
Before validating a single signature, Secretary of State Chris Nelson's office had to enter all 25,000 names into a database.
"The first thing we have to do is identify a five percent random sample of the petition signatures," Nelson said.
The computer makes that selection. Since the timeline is so tight, that took place on Monday, the same day the signatures arrived in the office. ...
Filed For Public Vote
Casino owners and others opposed to expanding the state's smoking ban filed petitions Monday that could have enough signatures to require a public vote on the issue.
The law passed earlier this year by the South Dakota Legislature would ban smoking in bars, casinos in historic Deadwood and video lottery establishments. It extends a ban that has outlawed smoking in workplaces and most public areas since 2002.
The expansion is scheduled to take effect July 1. But the start date would be delayed until after next year's election if opponents have enough signatures to call for a vote.
Petitions with an estimated 25,000 signatures were submitted to Secretary of State Chris Nelson by a coalition representing bars and gambling establishments. If the documents contain at least 16,776 valid signatures, the smoking ban will go on the November 2010 ballot for a statewide vote.
foes play game of delay
Opponents of a statewide ban on smoking in bars and restaurants say they have collected enough signatures to put the law on hold for at least 17 months and send the issue to voters in November 2010.
If the petitions are certified by the South Dakota Secretary of State, the controversial ban will not take effect July 1. Instead, powerful lobbies on both sides of the issue will begin a 16-month campaign culminating when voters finally decide the issue.
"We're already substantially over the necessary number," said Larry Mann, coordinator of the petition drive to refer the ban. State law requires the signatures of 16,776 registered voters. Citizens for Individual Freedom, the group opposing the ban, on Monday will deliver the petitions to Secretary of State Chris Nelson to be certified.
Mann said most of the signatures collected in the months since Rounds signed the ban into law were collected by volunteers, and while some Deadwood casinos and area bars used employees to collect signatures, a few others were paid to carry clipboards. . . . referring the ban to voters would give bar and restaurant owners a long reprieve.
"We're disappointed primarily because of the lives that will be unnecessarily lost and the tens of millions of dollars in health care savings that will not be realized because of a 17 or 18 month delay," said Darrin Smith, a senior director for the American Heart Association and a steering committee member for the South Dakota Tobacco Free Kids Network.
Ban Under Study
Residents of South Dakota may have to wait until January 2011 for a statewide smoking ban to actually take effect.
According to an Associated Press story, enough signatures have been collected for a petition to allow voters to decide whether they want a smoking ban or not.
The petition needs at least 16,776 signatures in order to make it on the ballot for voters on November 2010, and Larry Mann, coordinator of the petition, said even more signatures would be collected.
Were in good shape as far as signatures needed. Now were just trying to build a buffer, said Mann, who leads the petition on behalf of the Video Lottery Establishments of South Dakota, the Licensed Beverage Dealers of South Dakota, the DeVitt Gaming Association and the Music and Vending Association of South Dakota.
The smoking ban is supposed to take effect July 1 and would make it
illegal to smoke in public places such as bars, restaurants and video
lottery establishments. ...
ban opponents optimistic about drive to put issue on 2010 ballot
Opponents of a law to extend a state smoking ban to include bars and casinos expect to have the needed number of petition signatures to refer the law to a public vote.
And they're planning on turning them in a week before the June 29 deadline.
Larry Mann of Rapid City, who coordinates the petition drive for Citizens for Individual Freedom, said the ballot-issue committee plans to turn in petitions to the secretary of state in Pierre on June 22. . . .
The South Dakota Legislature approved HB1240, which would expand a state ban on smoking in businesses and public places to include bars and casinos. Gov. Mike Rounds signed the bill into law, which would take effect July 1.
If the required 16,776 signatures are verified, however, the law would be suspended pending the next general election vote in November 2010. ...
hopes to decide whether to sign or veto smoking ban soon
Gov. Mike Rounds said Tuesday the potential loss of state revenue from
gambling taxes will play no role in his decision on whether to sign
a measure that would ban smoking in casinos and bars.
"Once they've given me their analysis of some language in the
bill, I'll make a decision on it," Rounds said at a news conference
held to discuss budget issues. "Hopefully, it won't be much longer."
ban opponents get petition signatures
MITCHELL, S.D. (AP) - People upset with the Legislature's decision to strengthen South Dakota's smoking ban say a surprising number of non-smokers are signing their petition that could put the ban to a statewide vote.
The law, which would force smokers to step outside casinos, bars and video lottery establishments if they want to light up, takes effect July 1 unless 16,776 valid petition signatures are gathered by June 29.
Larry Mann, who represents the Video Lottery Establishments of South
Dakota, says it's too early to estimate the number of signatures collected
but that the process is going well. ...
tackle smoking ban
Some members of the Mitchell City Council wonder if the state's new, stricter ban on smoking will prompt bar owners to create outdoor beer gardens.
A Mitchell business called Signatures received approval from the council to establish an outdoor beer garden on one side of its building. A representative told the council that smokers wanted an outdoor smoking area.
"I think it's something we're going to be seeing quite a lot of," said Councilman Marty Barington. ...
Dakotas smoking ban petition drive could go up in smoke
AT ISSUE: The opponents of the recently passed smoking ban legislation,mostly bar and casino owners, swear they are going to kill the ban with a state-wide election. Even if they are successful with the petition drive and election, I feel about all they will have accomplished will be delaying the smoking ban until after the 2010 General Election. The proof of the pudding here is the vast majority of South Dakotans favored the ban when it was working its way through the last session of the Legislature. I suspect that same support will be reflected in the ballot box.
THE JOURNEY of the smoking ban legislation through the recent session
of the South Dakota Legislature was most interesting. When the smoke
finally cleared, the bill passed both houses and was sent to the governor
for his signature. Governor Rounds let it sit on his desk until just
before the legislators returned to Pierre for their final day. Was he
or wasnt he going to sign it into law? That was the big question.
Another question here was if he did sign the legislation into law, would
it be referred to a vote of the people? ...
ban petition heats up in Rapid City
Petitions aimed at putting South Dakota's strengthened smoking ban to a statewide vote have arrived in Rapid City, and some residents say they're fired up to refer the measure to the November 2010 general election ballot.
"I was furious" when the ban was passed and signed into law, said Shelly Miller-Gotschall, a bartender at the Time Out Lounge in Rapid City. "To me they were taking away our freedom of choice."
The law, which would force smokers to step outside casinos, bars and video lottery establishments if they want to light up, takes effect July 1 unless 16,776 valid petition signatures are gathered by June 29. . . .
Petitions are available at local bars and casinos at the owner's ...
ban may be left to voters
A group of liquor establishment owners took out a petition Tuesday to force the newly signed smoking ban to a public vote in 2010.
Don Rose, co-owner of Shenanigan's Pub in Sioux Falls, is one of four people listed on the petition. Others are Mark O'Neill, Licensed Beverage Dealers of South Dakota president from Henry; Pete Thompson of Tinner's Bar and Grill and Tommy Jacks in Sioux Falls; and Mike Trucano of Deadwood.
Rose said a coalition of 850 to 900 liquor dealers is behind the effort, claiming they will lose business. They said bans have hurt bars in surrounding states.
He said that wholesale retailers of cigarettes also will lose sales.
mull seeking public vote on SD smoking ban
Groups representing South Dakota bars and casinos are discussing whether to refer a newly passed smoking ban to a public vote, officials of those groups said Wednesday.
But the organizations have not yet decided whether to start a petition
campaign to put the issue on the general election ballot in 2010, the
officials said. ...
to Join List of States with Strong Smokefree Restaurant and Bar Laws
Signs Smoking Ban
Governor Mike Rounds has signed into law a measure that bans smoking in South Dakota's bars, video lottery casinos and Deadwood gaming halls.
The new law extends a ban that has outlawed smoking in most public places since 2002. Beginning July 1, smoking will be allowed only in motel rooms and a limited number of cigar bars and smoke shops.
We all recognize the health hazards of smoke and secondhand smoke.
After serious deliberation, the Legislature decided to create a smoke-free
environment in restaurants and lounges, Rounds said.
Studies Smoking Ban
Gov. Mike Rounds said Tuesday the potential loss of state revenue from gambling taxes will play no role in his decision on whether to sign a measure that would ban smoking in casinos and bars.
The governor said his staff is reviewing the language and details of the smoking ban passed by the South Dakota Legislature to make sure it is written correctly.
"Once they've given me their analysis of some language in the bill, I'll make a decision on it," Rounds said at a news conference held to discuss budget issues. "Hopefully, it won't be much longer."
Rounds said he and state lawmakers have known that revenue from Deadwood
casinos and video lottery establishments will drop if smoking is banned
Dakota: Smoking ban goes to governor's desk
A bill to ban smoking in nearly all public places in South Dakota is on its way to Gov. Mike Rounds.
The House voted 46-23 on Monday to accept a Senate amendment to HB1240, which had passed the House earlier. Agreeing to the Senate change was the last legislative act needed for the bill to go to the governor's desk.
Rounds has a general policy of not signaling how he'll react to any bill. He said last week that he doesn't like smoking or second-hand smoke. He also said he will read the language of the bill headed his way before deciding whether to sign it into law.
If the bill becomes law, it will mean smoking is banned in all public places except motel rooms and a limited number of cigar bars and smoke shops.
Ban Up For House Vote Monday
The South Dakota House is scheduled to vote Monday whether to ban smoking in bars, video lottery businesses and Deadwood gaming halls.
Representatives must decide whether to accept an amendment to HB1240,
the bill that bans smoking in nearly all public places. If they agree
to the change, the bill goes to Gov. Mike Rounds.
Cigar Loophole Not Available
A smoking ban backer says restaurants, pubs or casinos thinking of becoming cigar bars to get around the ban - if it's enacted - won't be able to do it.
As it passed the state Senate earlier this week, the ban would exempt existing cigar bars making at least 10 percent of their gross revenue from cigar sales. That applies to just two businesses in the entire state: Stogeez Cigar Lounge in Sioux Falls and the Deadwood Tobacco Co. and Cigar Bar.
governor silent on signing smoking ban bill
PIERRE, S.D. - Gov. Mike Rounds, who says he's no fan of smoking, refused
Friday to say whether he would sign a bill banning the activity in most
public places in South Dakota.
Several state senators switched their votes Wednesday on a controversial smoking ban, paving the way for South Dakota to join a growing list of states that ban smoking in virtually all businesses.
It was one of the most-watched votes of this legislative session so far, and it came one month after an almost identical bill died on the Senate floor by one vote. But in that one month, a second bill that started in the House passed there by a comfortable margin.
That put the issue - and the pressure - back in the Senate, where lawmakers were deluged with thousands of e-mails and phone calls on the issue, most coming from people who wanted the restrictions.
The state House still must agree to changes in the bill made by the Senate, or the two chambers could sort out the differences in a conference.
Physician's Group Supports Smoking Ban
While the Legislature debates a tougher smoking ban, the South Dakota State Medical Association has devoted a 72-page special issue of its monthly journal to the hazards of smoking.
Articles in the journal, "South Dakota Medicine," call second-hand smoke a public health hazard.
editorial, the journal says health-care providers have an obligation
to urge lawmakers to pass smoke-free legislation.
Pass smoking ban
Lawmakers in that chamber again will get a chance to extend the state's
smoking ban now that the House has passed its version of the bill.
The bill in all likelihood will go to the Senate Health and Human Services Committee, which handled the measure on the first go-round. Since it passed that committee unanimously, there's no reason to suspect there'll be any hang-ups there this time around.
However, the legislation failed by one vote when it reached the full Senate. That means there's at least one senator who needs to take a stand on behalf of South Dakota's workers. Just one.
It's time for that one person to do the right thing.
Dakota House passes wide-ranging smoking ban
The bill would exclude motel rooms and businesses that sell mainly tobacco products.
Monday's vote was 43-27 to send the measure to the Senate, which earlier defeated a different version of the smoking ban by one vote.
Chamber takes pulse of members
sends smoking ban to SD House floor
The House State Affairs Committee voted 11-2 on Wednesday to pass the bill, which would expand the current state law limiting smoking in public places.
The committee amended the bill to exclude motel rooms, businesses that sell mainly tobacco products and Deadwood gambling halls from the ban.
Supporters of the ban say it would reduce second-hand smoke, which causes serious health problems.
Opponents say business owners should make their own decisions about smoking and predicted loss of revenue from video lottery establishments if smoking is banned.
The bill goes next to the House floor, where supporters of the ban may try to remove the Deadwood exemption. Rep. Bernie Hunhoff, D-Yankton, suggested that would be a worthwhile floor fight because of the statistics shown about the ill health effects of second-hand smoke.
kills ban on smoking in public places
The state Senate says South Dakota isn't ready for a statewide smoking ban in public places.
The Senate voted 18-17 to kill SB83, which would have banned smoking in nearly all public places. An amendment to exempt hotel rooms passed before the entire bill died. Sponsors asked that the measure be reconsidered, perhaps on Wednesday.
Opinion: SD Smoking Ban And The Face Of Reality
When you consider the South Dakota smoking-ban issue currently making the rounds at the state capitol, it would be wise to view the matter in terms of its societal momentum. The smoking ban has an unmistakable sense of inevitability attached to it.
During the past few decades, the concept of smoking in public has been on the decline. Most businesses now prohibit smoking in their buildings. Many eating and lodging establishments have divided their business areas into smoking and nonsmoking sections; increasingly, the smoking sections are being done away with altogether. Since smoking rates have dropped among the general population according to the Centers of Disease Control, the states smoking rate in 2007 had dropped down to 19.8 percent smokers are finding themselves increasingly in the minority and are encountering more people who arent pleased with them belching out secondhand smoke into their immediate environment. You might say smokers are becoming outcasts; then again, with more people making stands to safeguard their own health from the effects of secondhand smoke, perhaps smokers are casting themselves out by clinging to their health-threatening habit.
This tide suggests that a smoking ban in all public places is inevitable. It may not be this year or next year, but it is coming.
The legislation currently being considered in Pierre hit a speed bump
last week when the state Senate defeated SB83, a bill that would have
implemented a general smoking ban in all public places, by an 18-17
vote. The arguments used against SB83 were familiar, and they included
a timely new bullet point that a ban would hurt video lottery revenues
at a time of global economic problems. The stubborn entrenchment was
the same that has been seen whenever and wherever this topic has come
up, either in the Legislature or in casual discussions across the state.
Dakota smoking ban shifts to House
YANKTON, S.D. (AP) -- A legislative effort to ban smoking in most public places statewide was snuffed out in the state Senate but still smolders in the House, where lawmakers expect supporters of the measure to focus their energy.
By a vote of 18-17, senators defeated SB83 and it wasn't brought back for reconsideration.
One of the sponsors of the House version, HB1240, Rep. Bernie Hunhoff, D-Yankton, said the arguments generally fall into two camps.
"The opponents of the ban have done a good job of making the Libertarian argument that we shouldn't tell others what to do in their own businesses. They also warn of a dire downturn in video lottery revenues in a year when the state is already short of funds," he said.
"The proponents are arguing that it's a public health issue that
involves us all, and that it's also an employment issue. Should anyone
have to work in an unhealthy environment?"
bill goes down in defeat
He said customers and employees can vote with their feet about whether they want to do business and whether they want to work in places that allow smoking.
I'm not going to get into how they want to run their business, Vehle, R-Mitchell, said. I still feel firmly that is the proprietor's decision.
The vote was 17 yes and 18 no.
Dakota panel votes to expand smoking ban
ban backed by legislative leaders
High-ranking members of the state Republican and Democratic parties expect a ban on smoking in restaurants and bars will be passed in this year's Legislature.
And if they dont decide favorably for a smoking ban between now and March, the legislative leaders expect South Dakota voters will make the decision on their own in a statewide vote later in the year.
"Overhanging this all is the likelihood of a ballot initiative,
if this bill fails. The smoking cessation groups feel very passionately
about this issue, and if this fails to pass in 2009, I think it's virtually
a given it will be on the ballot, in substantially the same form it's
been introduced, with no exceptions," said Sen. Dave Knudson, R-Sioux
Falls, who not only is this session's Senate majority leader but also
is an early candidate for governor in 2010. "The prevailing sentiment
is that it is likely to pass relatively easily ... and I think it colors
a lot of legislators'views that they should just adopt this to avoid
putting the people through a ballot issue."
mull anti-smoking bill; voice your opinon on the issue
SB 83, introduced late Friday in the South Dakota Senate, would strike exemptions to a 2002 law that prohibited smoking in most public places and work sites except for restaurants with alcohol licenses, bars, video lottery establishments, Deadwood casinos and hotel sleeping rooms.
Sen. Dave Knudson, R-Sioux Falls, is sponsoring the bill along with
Rep. Bob Faehn, R-Watertown.
a Smoking Ban in SD's Future?
In 2006, South Dakotans voted to raise the cigarette sales tax, intending to cut back on smoking. And one day we could see a smoking ban without exceptions... and that one day could be very soon.
The motto - it's time for a smoke free South Dakota. And many groups and voters in South Dakota hopes that becomes a reality for all businesses in South Dakota during the 2009 Legislative session.
24 states across the country, Washington, DC and Puerto Rico have banned smoking in all public places - with no exceptions. Now a legislative push in South Dakota could follow suit.
Jodi Radke with the Campaign for Tobacco-Free Kids says, "No South Dakotan should have to choose between their health or their paycheck. And a workers' health is no less important than the workers' health in Wyoming, in Nebraska, Iowa or Minnesota."
Today Tobacco-Free advocates from across the state launched their campaign with poll results to back up their efforts.
if you got 'em, - but don't do it here
In case you missed it, earlier this week large parts of South Dakota went smoke-free. Permanently.
Visitors to state government facilities across the state, for example, will now see signs noting that the buildings and offices are tobacco-free zones.
The change went into effect Wednesday, May 31 - World No-Tobacco Day - as part of a joint initiative of Gov. Mike Rounds and the state's largest health systems, Avera, Regional Health, and Sioux Valley Health.
The executive order signed by the governor prohibits the use of all tobacco products, including smokeless tobacco, on properties under the direction and control of the governor.