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South Dakota

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.

Read more about current tobacco-related legislation in South Dakota.

2014 State Legislative Session: 1/14/2014 - 3/31/2014

State Quitline Number: 1-866-SD-QUITS (737-8487)
American Cancer Society Quitline: 800-QUIT-NOW (800-784-8669)

Smokefree & Related News

American Cancer Society sees South Dakota legislators as the key ...
KSFY - August 21, 2014

... states lag behind in early detection of breast and cervical cancer. But fortunately, our area receives good marks across the board for our smoke-free laws.

Letter: NSU should go 100% smoke-free
AberdeenNews.com - July 9, 2014

The author provided knowledgeable information on why smoking in the public should be banned. Smoking causes fatalities and many other respiratory ...

This Land IS OUR LAND
Insurance News Net - July 7, 2014

This work has national implications, she says. "There are four tribal nations across the U.S. that we are aware of that are smoke-free, out of approximately 566 tribes across the country, so it is a pretty new concept. People are watching us, to make an example of us if we are successful." O'Leary says that lifelong smokers tend to be most opposed to public places going smoke-free. But among younger people, O'Leary notes a different attitude. "We worked with the tribe to make 27 new parks across the reservation smoke-free," O'Leary says. "We felt strongly that one of the few places for kids to play in our rural area should be free of smoke and littered ciga- rettes and chewing tobacco." The person in charge of these parks is a recent college grad- uate. "I went in with three pages of talking points arguing to make these parks smoke- free. I got through maybe two bullet points and he's like, of course, why is this even a question?"

Minor Change For E-Cigarettes In South Dakota
KELOLAND TV - July 6, 2014

"This is uncharted territory because e-cigarettes are a relatively new phenomenon, so what we did is we included it in the statutes that already control tobacco ...

Learn About Implementing Smoke-Free Housing Policies
KELO AM-FM - June 25, 2014

What: A Breath of Fresh Air Smoke-Free Multi-Unit Housing Workshop When: Thursday, June 26, 2014, from 11:30 a.m.2:30 p.m. (program begins at 12 noon) Tobacco use continues to be the number one preventable cause of death. Smoking in multi-unit housing properties raises risk for fire and other damage, as well ...

Sioux Falls awarded grant for walk audits
KELO AM-FM - June 25, 2014

Helping South Dakotans across the lifespan to be physically active, eat healthy and be tobacco free is a key objective of the department's 2020 initiative. Tweet ...

Minnesota Legislation Pushing E-Cigarette Shops to SD [VIDEO]
KELOLAND TV - May 19, 2014

It was a trip to an e-cigarette shop in Minneapolis that led Matt Tlougan to enter the business himself. After vaping for the first time, he started smoking less, and ...

New Games Help Video Lottery Revival
KELOLAND TV - May 7, 2014

The statewide smoking ban also took a toll. And even though the economy's improving, some players are still shy about spending money at the machines.

In The Balance: Prisons And Tobacco
Yankton Daily Press – April 30, 2014

The South Dakota Department of Corrections implemented its first restriction on inmates' use of tobacco in 1998 in the form of a smoking ban. The ban contained ...

Court finds tobacco ban violates inmates' rights
Native Times - April 28, 2014

SIOUX FALLS, S.D. (AP) An appellate court has ruled that a tobacco ban in South Dakota prisons violates the constitutional rights of Native American inmates, affirming the 2012 ruling of District Judge Karen Schreier that was appealed by the states Department of Corrections last year. The ruling, released Friday, means the Department of Corrections cannot ban tobacco altogether in state prisons. The department could appeal the decision.

Club note - Kiwanis Club
Watertown Public Opinion - April 9, 2014

Ms Rumpza addressed concerns over third-hand smoke – residue in carpets, clothing and furniture – and reported that state laws applicable to tobacco products ...

E-cigarettes are being used for drugs [VIDEO]
KSFY - April 2, 2014

A town hall meeting Tuesday night aimed to teach kids and parents about the dangers of substance abuse. They have been holding this meeting for almost 10 years. But this time, they had a whole new focus on e-cigarettes. Because kids are now using them to do drugs. Attorney General Marty Jackley said passing the bill making it illegal for minors to buy or use e-cigarettes will help.

SD Governor signs last bills of session into law
Rapid City Journal - March 28, 2014

One new law will treat e-cigarettes as a regulated tobacco product, prohibiting sale to minors. E-cigarettes are battery-powered devices that create nicotine ...

Editorial: E-cigarettes should be illegal for minors
Sioux Falls Argus Leader - March 16, 2014

It took a long time for South Dakota to join the battle against smoking, but finally, we did. And the states voters backed the smoking ban in a convincing manner when asked to vote on it. Thats one reason its encouraging that lawmakers are trying to get in front of potential problems with the growing use of e-cigarettes. The legislature passed a law banning the sale of the devices to minors.

SD House grants final legislative approval to regulate e-cigarettes ...
The Republic - March 11, 2014

PIERRE, South Dakota The South Dakota House has passed a bill to regulate e-cigarettes. Representatives voted 60-10 in support of the measure.

South Dakota Hoping to Make Gaming Industry Competitive
4Flush.com-by John Mehaffey - March 6, 2014

A statewide smoking ban passed in 2010 devastated video lottery revenue. It also affected Deadwood gaming revenue. The smoking ban did not apply to tribal ...

Editorial
Freeman Courier - March 4, 2014

The South Dakota Senate last week wisely passed a measure that would ban the sale of electronic cigarettes to minors. There was strong support for the measure with a 31-4 vote to prohibit the sale of tobacco products, alternative nicotine and vapor products to minors. Hopefully the House will give it the same support and send it to Gov. Daugaard for his signature.

Senate Passes Measure To Ban Sale Of E-Cigarettes To Minors
KCSR - February 26, 2014

PIERRE, S.D. (ASSOCIATED PRESS) - The South Dakota Senate has passed a measure that would ban the sale of electronic cigarettes to minors. E-cigarettes ...

Lawmakers: No e-cigarettes for minors
Sioux Falls Argus Leader - February 25, 2014

PIERRE Electronic cigarettes should be treated like other tobacco products and ... Lederman's e-cigarette bill, SB181, had been delayed for weeks as he ... Vapor can be flavored like fruit and candy, which obviously has an appeal to youth ...

Aberdeen May Ban Kids From Using E-Cigarettes
KELOLAND TV - February 24, 2014

Kids who've been using electronic cigarettes in Aberdeen and other parts of the state may have to change that behavior. Aberdeen City Council members ...

SD Bill Would Ban Sale Of E-Cigarettes To Minors
KDLT News - February 24, 2014

South Dakota lawmakers are considering a proposal that would ban the sale of electronic cigarettes to minors. E-cigarettes are battery-powered devices that resemble traditional cigarettes. They heat a liquid solution, creating vapor that users inhale to get nicotine without ...

South Dakota bill would ban sale of e-cigarettes to minors
Rapid City Journal - February 24, 2014

The Senate State Affairs Committee will discuss a bill Monday that would add electronic cigarettes to a state law that already bans the sale of regular cigarettes ...

E-Cigarettes become popular due to campus smoking ban
USD Volante Online - February 18, 2014

Since being introduced to the U.S. market in 2007, the electronic cigarette industry has become one of the fastest growing industries in the U.S. The rise in electronic cigarette users at the University of South Dakota could be due, in part, to the smoking ban.

SGA smoking ban under evaluation
USD Volante Online - February 12, 2014

The University of South Dakota Student Government Association is evaluating the inclusion of e-cigarettes, hookah pens and vaporizers under the existing smoking ban, which went into effect Jan. 2013.

Smoker's shelters: Lighting up and warming up
Some bars offer refuge from the cold in a variety of ways
Sioux Falls Argus Leader - January 25, 2014

But ever since Sioux Falls public smoking ban extended to bars, restaurants and casinos three years ago, smoking outside in subzero weather has become a given. Businesses have responded to the ban in creative ways. Some have added heated mini bars or funky smoke shacks, or hauled in trailers; others simply provide a spot in the parking lot.

Debate growing over e-cigarettes
KSFY - January 18, 2014

A smokeless alternative many smokers are now turning to are electronic cigarettes. However, E-Cigs have now been banned from most indoor public spaces in ...

Electronic smokes formally banned at civic center
Rapid City Journal - January 14, 2014

...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, ...

Rapid City Civic Center takes aim at e-cigarettes
NewsDaily.com January 2, 2014

RAPID CITY, S.D. (AP) The Rushmore Plaza Civic Center in Rapid City wants to snuff out electronic cigarettes, but one seller of the cigarette substitute says the proposal goes too far.

SD smoking ban: Three years later
Sioux Falls Argus Leader - November 24, 2013

Three years after South Dakota voters extended a smoking ban in public buildings to bars, restaurants and casinos, some of the health benefits proponents ...

Deadwood's future puts smoking ban behind
Sioux Falls Argus Leader - November 23, 2013

The smoking ban, however, hardly figures into any such strategic decisions. ... A modest decline this year can't be laid at the feet of the smoking ban, either, says ...

Judge rules that hookah use is smoking
Rapid City Journal - November 23, 2013

Like cigars or cigarettes, hookah water pipes carry tobacco smoke and that makes hookah subject to the statewide smoking ban, Circuit Judge Jeff Davis ruled ...

South Dakota's Great American Smokeout
KDLT News - November 14, 2013

According to the American Cancer Society, smoking is the cause for one third of ... While the smoking rates in South Dakota have dropped dramatically in recent ...

Jackley Pushes for E-Cigarette Regulation
KELOLAND TV - November 13, 2013

Jackley say because e-cigarettes contain nicotine, a derivative of tobacco, they should be classified as tobacco. E-cigarette makers, however, claim they these ...

More People Using E-Cigarettes
KELOLAND TV - November 12, 2013

Regular smoking may be losing popularity, but a new type of cigarette is gaining popularity. Some people believe electronic cigarettes are a healthier alternative ...

E-cigarette retailers arrive in South Dakota
Rapid City (SD) Journal - November 9, 2013

They're small, virtually odorless, and they cost a fifth of the price of a pack of cigarettes. And they're invading South Dakota. Last month, Rapid City welcomed its first retailer of electronic cigarettes a more than $1 billion industry that is growing rapidly across the country. Electronic cigarettes, commonly known as e-cigarettes

Revenue drops for SD non-Indian casinos
Prairie Business - November 4, 2013

MITCHELL, S.D. -- Gambling revenue at American Indian casinos in South Dakota grew during 2011 while other gambling revenue in the state plunged to a six-year low, according to a new report. The year covered by the report was the first full year of a statewide smoking ban implemented in late 2010. Tribal casinos dont have to enforce the ban. Chuck Turbiville, executive director of the Deadwood Economic Development Corp., said the smoking ban could be one reason for the disparity in revenue.

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. ...

Decision On Hookah Lounge May Take Several Weeks
KCSR - October 18, 2013

RAPID CITY, S.D. (AP) - A Rapid City judge who is deciding whether hookah consumption falls under South Dakota's ban on smoking in public places won't rule ...

No ruling in SD hookah case for at least 2 weeks
Sioux City Journal - October 18, 2013

The statewide smoking ban prohibits businesses that sell tobacco from also selling alcohol. Hookah ... City attorneys say the byproduct of hookah is smoke.

South Dakota judge lights up to decide whether hookah falls under ...
Daily Journal - October 17, 2013

Judge Jeff Davis is presiding over a trial that will determine whether Ifrits Hookah Lounge can sell alcohol. The statewide smoking ban prohibits businesses that ...

Video lottery continues losing market share
AberdeenNews.com - September 30, 2013

PIERRE While many contend a smoking ban in 2010 cut into gambling ... Their market shares grew: Deadwood from 19.4 to 25.6 percent and tribal casinos from ... aim at getting more line-up games, which are similar to casino slot machines, ...

Video lottery officials seek to regain lost market share
Prairie Business - September 30, 2013

PIERRE Past and current members of the South Dakota Lottery Commission and its administrators, as well as those involved in Deadwood casinos, have consistently held that the smoking ban South Dakota voters placed on alcohol establishments in 2010 would and did cut into gambling revenue at video lottery establishments and Deadwood casinos. But a new report shows that video lotterys difficulties began years earlier.

Report: Don't blame smoking ban for lottery slump
Watertown Public Opinion - September 30, 2013

PIERRE – Past and current members of the South Dakota Lottery Commission and its administrators, as well as those involved in Deadwood casinos, ...

Smoking ban: Should it be expanded to JazzFest?
Sioux Falls Argus Leader - July 16, 2013

A new policy that prohibits smoking in city parks during childrens activities wont apply to special events in Sioux Falls parks such as the upcoming JazzFest.

Video: South Dakota smoking ban sidesteps hookah lounges
Sioux Falls Argus Leader - July 13, 2013

Three years into the statewide ban on smoking in enclosed public places, South Dakota still hasnt figured out what smoking looks like.

Should smoking, beer be banned in city parks?
Brookings Register - July 9, 2013

Is there any kind of smoking ban in force in local parks? ... of policy, perhaps even an ordinance or two governing smoking and alcohol on city premises.

Reader comments: To smoke, or not to smoke on a public patio
Sioux Falls (SD) Argus-Leader - July 9, 2013

The response is mixed. Some say smokers should be allowed to smoke outside even with other patrons around. Others voice an adamant "no," while still others say leave it to the business owners. Join the conversation on Argus Leader Media's Facebook ...

Live at 3: '100 Eyes' asks 'Should smoking be banned on public decks, patios?
Sioux Falls Argus Leader - July 8, 2013

Is the intent of a smoking ban in public places subverted when smoking is allowed in often tightly packed public decks and patios? Host Patrick Lalley explores the question today during "100 Eyes" with guest Rob Horracks, general manager of Our Ventures.

Push for smoke-free apartments
Sioux Falls Argus Leader -June 29, 2013

Smoke-free properties mean reduced cleaning costs and a market advantage for those who advertise their properties as smoke-free, said Pat McKone of the ...

SD Landlords Consider Smoke-Free Apartments
KDLT (Sioux Falls, SD) - June 27, 2013

Thursday at South Dakota Achieve dozens of landlords met to discuss the possibility of having smoke-free apartments. A spokesperson from the American Lung Association was on hand to explain how Sioux Falls landlords can make apartments safer with the ...

Workshop encourages multi-unit housing to go smoke-free
KSFY - June 27, 2013

It's a workshop for landlords and property managers to talk more about smoke-free policy options, how they can be voluntarily adopted and, afterward, how they ...

Property Owners Invited to Learn About Implementing Smoke-Free ...
KELO AM-FM - June 21, 2013

Live Well Sioux Falls, in a partnership with the American Lung Association and the Sioux Empire Tobacco-Free (SET-Free) Coalition, invite owners of multi-unit ...

No complaints on tobacco-free parks policy
Sioux Falls Argus Leader - June 12, 2013

City officials say the tobacco-free parks policy has not brought any complaints from parkgoers. The policy, started in April, applies to activities such as youth ...

Column: Secondhand smoke is trouble ($$)
Watertown Public Opinion - June 8, 2013

Four out of five U.S. adults report having voluntary smoke-free rules in their homes and three out of four report having voluntary smoke-free rules in their vehicles, according to a study published in the journal Preventing Chronic Disease, a publication of the Centers for Disease Control and Prevention.

My Voice: Tobacco-free parks policy good for community
Sioux Falls Argus Leader - April 20, 2013

I would like to commend our city leaders on the new policy which created tobacco-free zones in Sioux Falls city parks/playgrounds and in areas where youth ...

Patrick Reynolds Helps Adams Thermal Go 'Smoke-Free'
KELOLAND TV - April 16, 2013

CANTON, SD - Patrick Reynolds, the grandson of cigarette company founder R.J. Reynolds and a noted tobacco-free advocate is coming to Adams Thermal Systems on Wednesday, April 17th to speak to employees about the dangers of smoking. Adams Thermal will become a 100% smoke-free campus on July 1st. Mr. Reynolds will offer motivation to smoking employees to quit as well as discuss the dangers of secondhand smoke.

Smoking Loophole Helps Casino Business in North Sioux City
KCAU - April 9, 2013

North Sioux City casinos say a recent smoking ban put into place by South Dakota lawmakers snuffed out their business. "It was kind of difficult because I love to play machines, but if you had to go outside and smoke it was an inconvenience, a big inconvenience," said Cheryl Painter of South Sioux City, Nebraska. The owner of Beano and Sherry's, Sherry LaFleur said she lost a lot of her customers after the ban went into place. She said the biggest problem was gamblers could go across the river to Iowa where smoking is allowed in casinos. But now, thanks to a loophole, the North Sioux City casinos are starting to see their luck turn around. At the Beano and Sherry's Casino, they've installed openings in its designated smoking areas that allow air to flow freely in and out. This, was all it took to get around the ban. …

VIDEO: SF Parks Get New Tobacco Policy
KDLT (Sioux Falls, SD) - April 2, 2013

Tobacco use at all city parks is now prohibited when youth activities are taking place. The use of tobacco is also banned at all city playgrounds. City leaders said this new policy is about keeping our kids safe.

Video: Smoking in the park? Not in Sioux Falls
Sioux Falls Argus Leader - April 2, 2013

Look around before you light up ­ Sioux Falls has a new smoking ban. The policy, which had been discussed since last June and goes into immediate effect, ...

New tobacco-free city parks policy
KELO AM-FM - April 2, 2013

SIOUX FALLS, S.D. (KELO-AM) - Sioux Falls Parks and Recreation and the Health Department have announced the details of a new tobacco use policy for City parks. The new policy, which goes into effect immediately, prohibits the use of tobacco in City parks during youth activities (under age 18) and on all City playgrounds. To assist in raising awareness of the new policy, there will be signage in the parks. …

Parents React To New Tobacco-Free Parks Policy
KELOLAND TV - April 1, 2013

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 ...

NSU students OK smoking ban with low turnout
Daily Republic - March 25, 2013

ABERDEEN (AP) ­ Students at Northern State University have voted in favor of banning smoking on the Aberdeen campus, though only 10 percent of students voted. …

In low turnout, NSU students vote in favor of smoking ban
Sioux Falls Argus Leader - March 25, 2013

In low turnout, NSU students vote in favor of smoking ban ... University have voted in favor of banning smoking on the Aberdeen campus, though only 10 percent ...

Letter: Northern State University should tolerate smokers ($$)
AberdeenNews.com - March 24, 2013

Nonsmokers don't want the choices of others affecting their health. Yes, second-hand smoke kills, but why jump to the conclusion that banning smoking on the ...

Smoking ban taken to vote
AberdeenNews.com - March 19, 2013

Northern State University students will vote this week whether to ban smoking from campus, a student representative said Monday at a faculty senate meeting. Kody Kyriss, a student representative, said voting will coincide with elections for the student senate positions, which will begin 8 a.m. Wednesday and end 5 p.m. Friday. The results of the vote, which will be done electronically, are expected to be tallied quickly, Kyriss said. The smoking referendum calls for signs to be placed around Northern declaring the campus smoke free, and disposal bins for cigarettes would be taken away. If students vote to pass the referendum, it would then be referred to the faculty and staff for a vote, Kyriss said. That vote could be as early as next week, he said. If the referendum is passed by the students, but voted down by faculty and staff, there is some uncertainty about what would happen next, Kyriss said. ...

Casinos Not Cashing In
KELOLAND TV - March 12, 2013

SIOUX FALLS, SD - It took a hit more than two years ago but is South Dakota's video lottery making a come back? State economists are expecting an increase in video lottery revenue in the next year. "It's our second largest source to the state general fund," Jim Terwilliger with the South Dakota Bureau of Finance and Management said. But that income hasn't been the jackpot for the state that it once was. More than five years ago, video lottery hit a peak of $110 million, but in 2011 it dropped off. "I think the smoking ban definitely hurt us; there's no question about it,"Don Rose owner of Shenanigans Pub said. "The smoking ban hurt us and the Grand Falls Casino. You can still smoke over there. Some people, the true gamblers, are going across the road 15 miles away; they're going over there."…

House rejects bill to include hookah lounges in smoking ban
Rapid City Journal-March 5, 2013

The legislation would have added a definition of smoking that is missing from South Dakota's laws that bans smoking in bars, casinos and restaurants with ...

Ban intended for hookah lounges backfires
AberdeenNews.com - March 1, 2013

PIERRE ­ An attempt by Rapid City officials to have the Legislature make hookah lounges comply with the state’s smoking ban backfired Thursday. A House panel reversed the legislation, so that hookah lounges would be exempt if they were in actual operation before Jan. 1. Rep. Anne Hajek, R-Sioux Falls, warned a bigger door might be opening. “I think we’ve enlarged what liquor establishments can have smoking,” she said. The House Local Government Committee voted 8-4 to add the hookah exemption and send the new version of the bill to the full House of Representatives. It could be debated by House members as early as Tuesday afternoon. The original legislation brought by Sen. Craig Tieszen, R-Rapid City, sought to define smoking in state law. …

Northern State students seeking campus smoking ban
San Francisco Chronicle - February 26, 2013

ABERDEEN, S.D. (AP) ­ Students at Northern State University in Aberdeen have begun collecting signatures to bring a smoking ban to a campus-wide vote. …

NSU students petition to ban smoking on campus
AberdeenNews.com – February 26, 2013

Northern State University students have collected about one-third of the signatures needed to bringing a smoking issue to a campuswide vote. The Northern State University's Student Association collected 60-70 of the 200 student signatures needed to push the referendum to a campuswide vote, said Kody Kyriss, president of the association, at the university's faculty senate meeting Monday. There were 3,622 students enrolled at the university in the fall, according to university …

Northern State University students want campus smoking ban
Sioux Falls Argus Leader - February 26, 2013

ABERDEEN ­ Students at Northern State University in Aberdeen have begun collecting signatures to bring a smoking ban to a campus-wide vote. The college's ...

Senate OKs smoking definition to include hookah
Mitchell (SD) Daily Republic - Feb 16, 2013

He said the legislation will provide “a clear definition of smoking” that will allow all establishments to be treated in conformance with the state’s smoking ban. The vote was in favor 31-3. Voting no were Republican Ryan Maher of Isabel and Democrats A

Senate passes hookah lounge smoking bill
Rapid City (SD) Journal - Feb 15, 2013

A bill aimed squarely at hookah lounges sailed through the state Senate on Thursday. The bill, introduced by Sen. Craig Tieszen, R-Rapid City, changes the definition of smoking in state law to include the use of water pipes in hookah lounges, a point of ...

State of SD appealing ceremonial tobacco policy change at prison
Daily Republic-February 15, 2013

Members of prison-based Native American Council of Tribes had wanted to be able to go up to 10 percent tobacco in their mixtures, but Schreier said they didn't ...

OUR VIEW: Deadwood numbers prove smoking ban as right
We also were bothered that to some, the sound of slot machines was much more important than the health of the workers and patrons of those casinos.
Daily Republic - February 5, 2013

Don’t get us wrong: We’re happy to hear that Deadwood gambling revenue is higher than ever, as reported recently by the Rapid City Journal. … That one-year dip in receipts prompted complaints out in the northern Black Hills, where some casino owners said the smoking ban put them at a competitive disadvantage with Indian casinos and out-of-state gambling meccas. Hopefully, the increase in revenue will forever put to rest those complaints, which were so troublesome to those of us who never believed smoking would be the end of Deadwood gambling. We always were convinced the revenue decline was related more to a cyclic downturn in the economy than to the smoking ban. We also were bothered that to some, the sound of slot machines was much more important than the health of the workers and patrons of those casinos. Now, some people actually think the smoking ban is helping Deadwood casinos more than it’s hurting them. In the Rapid City Journal report last week, at least two people were quoted as saying that the ban opened the door to a more diverse clientele. …

Senator finds state law about smoking hazy
Daily Republic - January 31, 2013

Sen. Craig Tieszen wants the Legislature to add a definition of smoking to South Dakota’s code of laws. He’s not aiming at electronic cigarettes or trying to change any of South Dakota’s regulations on where smokers can light up. Tieszen, R-Rapid City, said he’s simply trying to cut through the confusion over the legality of hookah bars. …

Deadwood gambling revenues set record
Daily Republic - January 31, 2013

Gambling revenue in Deadwood set a record last year. State Commission on Gaming figures show gross revenue of $107.4 million, up from $100.9 million in 2011 and $106.2 million in 2010. A voter-approved smoking ban that took effect in South Dakota in November 2010 was widely blamed for the drop in revenue in 2011. Lead-Deadwood Economic Development Corp. Executive Director Chuck Turbiville tells the Rapid City Journal the report shows it’s time to stop blaming the smoking ban every time there is a dip in revenue. …

$107.4 million highest Deadwood gaming revenue figure on record
Rapid City Journal-January 30, 2013

Cries that a voter-approved smoking ban would irreparably harm the casino ... The smoking ban first took effect in November 2010 and was widely blamed for ...

Deadwood gambling revenue sets record in 2012, despite worries ...
AberdeenNews.com-January 30, 2013

Gambling revenue in the western South Dakota city of Deadwood set a record last year but debate over the impact of the statewide smoking ban continues.

Campus adjusts to USD smoking ban
USD Volante Online-January 30, 2013

According to Student Government Association President Alissa VanMeeteren, SGA is pleased with the way the smoking ban has been doing during its initial ...

COLUMN: PRO: USD finally moving forward
USD Volante Online-January 30, 2013

The smoking ban, almost a surprisingly irrelevant topic for most, has not received a notable amount of attention from the student body. Perhaps society has just ...

COLUMN: CON: Smoking is an adult choice
USD Volante Online-January 30, 2013

The smoking ban is not necessarily new to anyone; the campus has been ... But was the issue of smoking so pertinent that the entire campus be banned from it?

USD Students Getting Used To Smoking Ban
KELOLAND TV-Jan 23, 2013

USD Students Getting Used To Smoking Ban. By Kellee Azar Published: ... Going smoke-free is a movement taking the nation by storm. Many restaurants, cities ...

Businesses find loopholes in South Dakota law banning smoking
KTIV-Jan 22, 2013

Some South Dakota business owners found ways to get around their state's smoking ban leaving some to wonder if tougher legislation should be put in place.

University of South Dakota now smoke-free
Daily Republic-January 15, 2013

The school announced in September that the USD Executive Committee voted to ban smoking on campus effective Jan. 9. The USD's Student Government had ...

Lights Out In Vermillion: USD Smoking Ban Now In Effect
KMEG 14-January 11, 2013

The ban was requested by students, and while a lot of them say the ban is a good thing overall, it might be hard for smokers to go along with. "It will be a huge ...

USD Issues Campus-Wide Smoke Ban
KDLT News - January 10, 2013

It’s a brand new year for the Coyotes at the University of South Dakota, and with a new year comes new policies. However, there’s one in particular that not only affects the students, faculty, and staff, but anyone who may step foot on campus. For years, smoking has only been prohibited indoors and within 25 feet of all buildings; but this new campus-wide ban went into effect Wednesday, January 9. …

Gold Dust Casino in Deadwood Closes
4Flush.com - January 1, 2013

The Gold Dust Casino in Deadwood closed at 2am this morning with virtually no notice to players and employees. The casino had been a fixture in Deadwood but hit hard times in recent years. This includes three different owners since 2007 and the closure of some major attractions within the casino. … The entire Deadwood gaming market had suffered a sharp decline since a voter referendum in November 2010 created a casino smoking ban in Deadwood casinos and state video lottery casinos. Colorado raising their bet limits from $5 to $100 also hurt Deadwood tourism. Deadwood responded by lobbying the state legislature to raise the betting limits in Deadwood from $100 to $1000. This succeeded and bet limits were raised to $1000 in Deadwood and tribal casinos in July 2012. This has helped rebound Deadwood gaming revenue. …

North Sioux City, SD casinos find loophole in state smoking ban
KTIV - December 14, 2012

NORTH SIOUX CITY, S.D. (KTIV) - You know that smoking ban in South Dakota? It went into effect in 2010. Well, some North Sioux City casino's have found a way around it. … So, Hoffman says they came up with another idea, install a garage door they could open during business hours. "A garage door would be excluded from the statute, and wouldn't qualify," said Union County State's Attorney Jerry Miller.

Column: Smoke-free effort at NSU questionable
AberdeenNews.com - December 12, 2012

Abraham Lincoln did not regard himself as a handsome man. Once he met a woman on horseback and paused to let her pass. She halted her mount and ... Some folks at Northern State University apparently want the campus to be declared smoke free. Smoking is currently prohibited inside all campus facilities and within 50 feet of any building. …

No more butts about it: USD smoking ban looms
USD Volante Online - December 12, 2012

… Joining the ranks of approximately 826 other colleges and universities in the U.S., the University of South Dakota’s smoke-free campus policy will be out in full force Jan. 9 ­ posters, decals and all. …

National Report: South Dakota Ranks 11th in Protecting Kids from ...
Sacramento Bee - December 6, 2012

South Dakota ranks 11th in the nation in funding programs to prevent kids from smoking and help smokers quit, according ...

Video Lottery Makes A Comeback
KELOLAND TV - December 6, 2012

SIOUX FALLS, SD - South Dakota's video lottery is making a comeback. After the state implemented a smoking ban, video lottery revenue took a big hit. But Tuesday, the governor said during his budget address that video lottery receipts are up. Casino owners we talked with agree the numbers are up, but they don't agree with the governor as to why they're up. …

Smoking ban needs clearer vision, focus
USD Volante Online - December 5, 2012

A campus-wide smoking ban goes into effect a little over a month from now. Much has been said and written on this subject ever since the ban was made official earlier this semester. Last week, a forum was held detailing the ban. This forum was intended to inform students of what this new ban will entail, but essentially gave every indication that this ban is ultimately destined to do nothing. …

In our opinion: NSU smoking ban worth considering
AberdeenNews.com - December 4, 2012

In our opinion: NSU smoking ban worth considering ... We are encouraged by NSU student representatives showing an interest in banning smoking on campus. ... college campuses around the country have banned smoking anywhere on ... These bans are coming from states, business owners and government employers. …

Hookah lounges to face strict city regulations
Rapid City Journal - Nov 28, 2012

Strict new rules proposed by city hall to govern hookah lounges are so restrictive they could shut down the businesses and may even violate their constitutional rights, an attorney said Tuesday. …

Prison, Indian inmates disagree on tobacco use
AP - Associated Press - Nov 28, 2012

South Dakota corrections officials and an organization of Native American inmates are far apart on their suggested revisions to a prison policy regulating the use of tobacco in religious ceremonies. ...

Smoke-free movement under way at Northern
AberdeenNews.com - November 28, 2012

Northern State University might become a smoke-free campus, under a movement in its beginning stages. Representatives from the university's student association spoke to the faculty senate recently about starting a referendum for a smoke-free campus. …

HARMS: Smoking law is working
Sioux Falls (SD) Argus-Leader - November 13, 2012

Two years later, the numbers are in and it’s already working. The South Dakota Association of Healthcare Organizations released statistics that show the number of heart attack hospitalizations dropped 6 percent from before the health care law (2009) to afterward (2011). This is great news, especially knowing heart disease in the second leading killer in South Dakota — second only to cancer, another byproduct of secondhand smoke. ...

SD Smoking Ban Results In 20 Citations In Two Years
KCSR (SD) - November 12, 2012

South Dakota's voter-approved smoking ban started two years ago. Statewide, 16 citations have been issued to patrons for smoking where it's banned, and four ...

28th MDG to be smoke free Nov. 9
Rapid City Journal - November 6, 2012

The 28th Medical Group will be designated a tobacco-free campus beginning Nov. 9, in light of the recently updated Air Force Instruction 40-102, Tobacco Use ...

SGA receives grant for smoking ban, philanthropy
USD Volante Online - October 17, 2012

The University of South Dakota's Student Government Association has drafted a ... grant regarding the recently approved smoking ban on campus, along with a ...

Head to Head: CON-Smoking on campus is a right
USD Volante Online - October 16, 2012

…9, 2013, a smoking ban is supposed to take effect across the University of South Dakota campus. My only thought is that this just isn't fair. Incoming first-year ...

Head to Head: PRO-Smoking ban protects students
USD Volante Online - October 16, 2012

A campus wide smoking ban isn't a ban that eliminates your individual ... it is clear that the University of South Dakota should lead South Dakota to a better ...

USD To Prohibit Smoking On Campus
Yankton Daily Press - September 27, 2012

VERMILLION ­ The University of South Dakota has banned smoking on campus effective Jan. 9, 2013, the school announced Wednesday. The USD Executive ...

University of South Dakota bans smoking on campus
Sioux Falls Argus Leader - September 26, 2012

VERMILLION ­ The University of South Dakota is going smoke-free starting in January. The university announced Wednesday that the USD Executive ...

Inmates gain ally in fight to use tobacco in ceremonies
Argus-Leader - July 17, 2012

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.

Deadwood casinos see surge in revenue in May
Rapid City Journal - Jun 23, 2012

Though the market is stabilizing since the November 2010 smoking ban was passed by voters ­ a law casino managers felt quashed revenue and drove away ...

Rapid City hookah lounge may lose booze license
Yankton Daily Press - June 4, 2012

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 ...

Casino owners cautious despite surge in gaming receipts
Rapid City Journal - May 23, 2012

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.

Rapid City hookah lounge won't get help from judge
Daily Republic - May 10, 2012

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. ...

Hookah lounge's preliminary injunction rejected
Rapid City Journal - May 10, 2012

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 ...

SD hookah lounge ramps up fight to sell alcohol
Wahpeton Daily News – April 30, 2012

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 hookah lounge gives up fight to sell alcohol
KSFY - April 30, 2012

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 alcohol. …

Ifrit's stops selling alcohol
Rapid City Journal - May 1, 2012

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 ...

Police hold off enforcing hookah smoking ban
Rapid City Journal - Apr 30, 2012

The Rapid City police chief held off enforcing the smoking ban at Ifrit's Hookah Lounge on Sunday to keep from feeding the already volatile situation. …

State Smoking Ban To Be Enforced At South Dakota Hookah Lounge
CBS Local - April 17, 2012

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 ...

Native American inmates challenging tobacco ban
Native Times - March 29, 2012

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. …

South Dakota inmate group wants tobacco ban lifted
Indian Country Today, 2012-03-27
Dirk Lammers

A group of Native American inmates has filed a federal lawsuit against the South Dakota Department of Corrections, saying a new prison policy that bans the use of tobacco during religious ceremonies is discriminatory. …

Brenner wants Attorney General's opinion on hookah lounge
Rapid City (SD) Journal - March 1, 2012

After giving Ifrit’s Hookah Lounge an ultimatum to come into compliance with a public smoking ban by Sunday, Pennington County State’s Attorney Glenn Brenner has lifted that order and will instead ask for Attorney General Marty Jackley’s opinion. ...

Did Smoking Ban Really Affect Deadwood Profits?
KELOLAND (SD) TV - February 23, 2012

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. …


Deadwood gaming up $1 million
Black Hills (SD) Pioneer - February 23, 2012

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.

Health push targets smoking
Sioux Falls Argus Leader - January 23, 2012

… 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 ...

SD lawmaker changes mind about pushing for smoking ban exemption ...
The Republic - January 13, 2012

AP RAPID CITY, SD ­ A South Dakota lawmaker who drafted legislation to exempt Deadwood casinos from a state ban on smoking indoors in public places says a ...

Should smoking ban be lifted from Deadwood casinos?
KOTA 1380 AM / ABC (Rapid City, SD), 2011-12-28
PJ Randhawa, Reporter

Should Deadwood casinos be exempt from the state wide smoking ban? A south Dakota state legislator is proposing just that. ...

Nelson wants casino smoking-ban lifted
Rapid City (SD) Journal, 2011-12-27
Aaron Orlowski Journal Staff Rapid City Journal

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. ...

Smoking ban exemption sought
Black Hills Pioneer (SD)- December 21, 2011

Tom Nelson, R-Lead, is expected to propose legislation that would exempt Deadwood from the statewide smoking ban, in an effort to boost gaming numbers. ...

Oglala Tribe to open second casino near Martin
Rapid City Journal - November 30, 2011

Before the South Dakota smoking ban took effect last November, ... so should attract the gamblers who want to smoke while they gamble, he said. ...

LETTER: Snuffed Out
Yankton (SD) Press & Dakotan, 2011-11-14
Kris Rauscher, Sioux Falls

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 …

Editorial: One year later, a ban to savor
Sioux Falls Argus Leader - November 14, 2011

The state's ban on smoking was extended that day to include almost all indoor businesses ... As the one-year anniversary of the smoking ban passed recently, ...

Editorial: One year later, a ban to savor
S.D. must address sag in video lottery but can exhale over smoking restrictions
Sioux Falls (SD) Argus-Leader, 2011-11-14

Nov. 10, 2010, was hailed by most, including the Argus Leader Editorial Board, as a great day for South Dakota. ...

Smoking ban, economy send gambling revenues plummeting
Rapid City Journal - November 13, 2011

Some blame the smoking ban, others the economy. Any way you add it up, ... into effect banning smoking in Deadwood casinos as well as in South Dakota bars, ...

Restaurants say ban is a positive
Rapid City Journal - November 13, 2011

The Colonial House Restaurant in Rapid City went smoke-free long before the 2010 ban, even before a 2002 law that banned smoking in public facilities and ...

Nightlife transformed by smoking ban
Rapid City Journal - November 13, 2011

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 ...

Ban's health effects already evident
Rapid City Journal - November 13, 2011

The smoking ban approved by South Dakota voters last November appears to have had ... attacks as cities, states and countries worldwide have banned smoking. ...

South Dakota Smoking Ban Anniversary
KELOLAND TV (Sioux Falls, SD), 2011-11-10
Perry Groten

South Dakota businesses have now had a full year to gauge the economic impact of the statewide smoking ban. ...

Experts discuss smoking ban benefits one year later
KSFY Television ABC (Sioux Falls, SD), 2011-11-10
Courtney Collen

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. ...

SD's revenue from tobacco tax down 9 percent
Sioux Falls Argus Leader - Megan Luther - November 2, 2011

One year after a statewide smoking ban at bars and restaurants went into effect, the amount of money South Dakota collects in cigarette tax is down 9 ...

SD makes strides toward kicking smoking habit
Sioux Falls Argus Leader - Sarah Reinecke - August 11, 2011

South Dakota's adult smoking rate dropped from 22.7 percent in 2003 to 15.4 percent last year. During the same time period, the US rate fell from 22 percent ...

Deadwood's June better than previous months; state video lottery ...
Rapid City Journal – July 30, 2011

Milos said the chamber is thankful that revenue hasn't dropped as much as other gambling communities that have enacted a smoking ban. The smoking ban ...

Officials say smoking ban has been self-enforcing
Greenwich Time - July 12, 2011

Critics of South Dakota's voter-approved smoking ban anticipated enforcement issues before the law was enacted in November. But perhaps the only two $25 citations written in the state law's history were issued in December in Sioux Falls. ...

Deadwood Reports Declining Revenue
KCSR - March 29, 2011

The Black Hills Pioneer reported that industry officials attribute the decline to a smoking ban in gaming halls, storms that kept people home, and the overall state of the economy. Gamblers bet $73.8 million in February, down from $82.4 million they ...

Healthcare providers ban e-cigarettes
Rapid City (SD) Journal, 2011-03-23
Lynn Taylor Rick Journal staff Rapid City Journal

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. ...

Smoking Wars Heat Up In 4 States
Private Clubs At Issue
Vending Times, 2011-03-02
Marcus Webb MarcusWebb@aol.com

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. ...

Owner: Video Lottery Business Is Growing
KELOLAND TV - Shawn Neisteadt - February 24, 2011

SIOUX FALLS, SD - South Dakota's Video Lottery revenue is on the decline, dropping $5 million in 2010 compared to 2009. Now a Sioux Falls casino owner has filed a lawsuit blaming the smoking ban on the decline and claims it’s unconstitutional. But, not all casino owners say the ban has been a bust for their business. ...

SD smoking ban challenged in lawsuit
NECN - February 23, 2011

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 ...

Video lottery slips across SD
Sioux Falls Argus Leader - February 14, 2011

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.

Not anymore.

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 ...

No bill brought forward to exempt Deadwood from smoking ban
Rapid City Journal - Holly Meyer - February 3, 2011

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 ...

State's gaming industry nixes legislative action against smoking ban
Rapid City Journal - February 1, 2011

A top gaming industry lobbyist said Monday that major groups representing video lottery establishments have decided against challenging the state’s 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 didn’t 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 City’s 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 ...

Deadwood smoking ban revisited
Black Hills Pioneer - Jaci Conrad Pearson - January 27, 2011

“It's going to be a tougher fight to make any changes to the smoking ban in Deadwood, considering we had an up month in November,” Nelson said. ...

Deadwood gaming revenues rise 7% in December
Rapid City Journal - Barbara Soderlin - January 26, 2011

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." ...

Editorial: Listen to South Dakotans: Don't alter smoking ban
Sioux Falls Argus Leader - Jan 8, 2011

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 ...

Lawmakers talk budget gap, coming session
Sioux Falls Argus Leader - January 7, 2011

The senators also declared little enthusiasm for amending the state's new smoking ban to create an exemption for casinos. They noted that the smoking ban on ...

Smoking ban costs Moody County bars
Moody County Enterprise - Ryan Woodard - January 5, 2011

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 ...

Smoldering Smoking Ban
KELOLAND TV - Ben Dunsmoor - January 3, 2011

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. ...

Smoking ban, credit card reform among state budget hits
Rapid City Journal - December 3, 2010

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." ...

Smoking Ban Rules Questioned
Yankton Daily Press - Nathan Johnson - November 23, 2010

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.

“We’re hoping we can do something citywide to say, ‘Follow the law, or it’s going to affect renewal of your license,’” said Kim Braunesreither of Boomer’s Lounge.

She, along with representatives of four other establishments, signed a letter to the commission asking that it adopt an ordinance making businesses that don’t comply with the smoking ban subject to high fines and/or possible revocation of licenses that allow them to operate ...

Aberdeen City Council passes outdoor smoking structures for bars
KSFY - November 23, 2010

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. ...

SD Casino Owner Accommodates Smokers After Ban Takes Affect [sic]
KCAU - November 16, 2010

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 ...

Smoking Outdoors Triggers Complaints
KELOLAND TV - Nicole Winters - November 16, 2010

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. ...

S.D. bars try to shelter smokers from ban
Aberdeen (SD) American News, 2010-11-15

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. ...

Haze lifts on casinos with absence of cigarettes
Rapid City (SD) Journal, 2010-11-11
Amanda Friar Journal staff

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."

Air clears in Rapid City bars but opinions linger on smoking ban
Rapid City (SD) Journal, 2010-11-11
Emilie Rusch Journal staff

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.

Bars watch effect of S.D. smoking ban
Sioux Falls (SD) Argus-Leader, 2010-11-11
Beth Wischmeyer

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," Rohrbach said.

South Dakota smoking ban officially in effect
KSFY - November 10, 2010

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 ...

Enforcing smoking ban a delicate task
Sioux Falls Argus Leader - November 4, 2010

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. ...

SD casinos preparing for smoking ban
KTIV - November 3, 2010

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. ...

Smoking ban extension on target for Nov. 10
South Dakota voters approve expansion by 2-to-1 margin
Sioux Falls (SD) Argus-Leader, 2010-11-03
Peter Harriman

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. ...

Expanded smoking ban will take effect Nov. 10
Rapid City (SD) Journal, 2010-11-03
Emilie Rusch Journal staff

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 law." ...

Editorial: Expansion of smoking ban worthy of support
Opponents' argument about lost freedom rings hollow
Sioux Falls (SD) Argus-Leader, 2010-10-29

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. ...

Argus Leader/KELO-TV 2010 poll results: Smoking ban has widespread support in S.D.
Sioux Falls (SD) Argus-Leader, 2010-10-23
Peter Harriman

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. ...

Editorial: Smoking ban is about health, not just dollars
Daily Republic - October 22, 2010

Twenty-eight states already have passed wide-reaching smoking bans that include restaurants and bars. South Dakota voters aren't being asked to lead the way ...

Letters: Freedom not the issue
Sioux Falls Argus Leader - Brian Tuley - October 22, 2010

Today, I received a flier in the mail urging South Dakotans to vote no on Referred Law 12, an expanded smoking ban. The argument in the flier was that ...

On smoking issue, both sides tout public support
Sioux Falls Argus Leader - October 22, 2010

Opponents quickly mounted a petition drive to keep the law from being enforced and to have the smoking ban go directly before voters. ...

Rally against smoking ban draws mixed crowd
KTIV - October 21, 2010

NORTH SIOUX CITY, SD (KTIV)--South Dakotans will be voting on a smoking ban November 2nd, and some people aren't happy about it. ...

LETTER: Minnesota likes smoking law
Sioux Falls (SD) Argus-Leader, 2010-10-17
Paula J. Anderson * Nobles-Rock Community Health Educator

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. ...

Deadwood casino patrons split on effect of smoking ban
Rapid City (SD) Journal, 2010-10-17
Emilie Rusch Journal staff

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 Deadwood’s commercial gambling.

But on a recent evening, smokers and nonsmokers were split on how a smoking ban would affect the leisure destination. ...

Smoking ban proponents, opponents alike: ‘We need to take a stand for freedom’
Rapid City (SD) Journal, 2010-10-17
Emilie Rusch Journal staff

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.” ...

Foes of smoking ban frame debate as matter of choice
Sioux Falls Argus Leader - October 15, 2010

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. ...

RC Mayor Hanks Addresses Smoking In City Vehicles
KOTA - October 7, 2010

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 January 1st.

Smoke Free Campaign Begins in SD
Public News Service - August 31, 2010

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." ...

Smoking ban debate centers on health vs. rights
Mitchell (SD) Daily Republic, 2010-08-28
Tom Lawrence, The Daily Republic

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 It’s 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. ...

SD Residents Fight for Their Right to Light Up
FOXNews (blog) - Neil Cavuto - August 12, 2010

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. ...

Today's debate: Pro - Smoking at Southeast Tech
Sioux Falls Argus Leader - Linda Redder - July 27, 2010

Voices asked two writers to address the question: "Should Southeast Technical Institute implement a campuswide ban on smoking?" Here are two perspectives on ...

Deadwood ponders smoking ban at city facilities
Rapid City Journal - June 2, 2010

...He recommended smoking bans around city hall and the Deadwood Rec Center across the street. Parking lots and other city-owned facilities could be reviewed ...

Smoking falls out of favor
Sioux Falls Argus Leader - April 7, 2010

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. ...

SD lawmakers reject 2nd smoking ban ballot measure
Business Week, 2010-02-16
CHET BROKAW

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. ...

County expands smoking ban
Rapid City Journal - Steve Miller - January 5, 2010

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. ...

Inmates sue for right to use tobacco in ceremonies
Sioux Falls (SD) Argus-Leader, 2009-12-12
John Hult * Argus Leader

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. ...

Lobbyist: Smoking Ban Could Cost Video Lottery $30-million
KOTA 1380 AM / ABC (Rapid City, SD), 2009-11-24

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. ...

State won't appeal smoking ban ruling
Mitchell (SD) Daily Republic, 2009-11-20
Bob Mercer, Republic Capitol Bureau

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. ...

Pricey fight over ban expected
Sioux Falls Argus Leader - November 20, 2009

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. ...

Voters React To Smoking Ban Heading To Ballot
KELOLAND TV - November 20, 2009

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. ...

American Cancer Society Won't Appeal Smoking Ban Ruling
KSFY - November 19, 2009

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 Out—a day dedicated to helping smokers quit—the 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 Out—South Dakota will be a smoke free state.” ...

Decisions on smoking ban appeals may emerge this week
Sioux Falls Argus Leader - November 17, 2009

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. ...

Our Opinion: Smoking Ban Extension Decision Belongs To Us
Yankton (SD) Daily Press - November 17, 1009

Based on a judge’s decision last week - and pending a possible appeal - South Dakota’s proposed smoking ban extension will go to a vote of the people a year from now. And that’s 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 ban’s 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 state’s 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. ...

Smoking Ban Ruling May Impact Petition Process
KELOLAND TV - November 16, 2009

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. ...

VIDEO: Smoking Ban To Go To Public Vote In 2010
KSFY Television ABC (Sioux Falls, SD), 2009-11-14
KSFY Staff

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. ...

Smoking ban trial begins
Daily Republic - Bob Mercer - November 13, 2009

PIERRE — Citizens have the right to refer South Dakota’s expanded smoking ban to a statewide vote, Circuit Judge Kathleen Trandahl ruled Thursday. Now it’s 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 he’s 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 Dakota’s 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. ...

Smoking Ban Signature Deficit Down To 18
KELOLAND TV - November 12, 2009

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. ...

American Cancer Society Wants More Petition Signatures Rejected
KSFY - November 12, 2009

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. ...

Notary Questioned About Seal In Smoking Ban Trial
KELOLAND TV (Sioux Falls, SD), 2009-11-12

South Dakota's smoking ban faces one burning question. Did the notaries who verified the petitions do enough to make them official?
A two-day trial started Thursday in Pierre. The opponents of the ban are only 18 signatures short of getting the issue on the ballot.

Several notaries took the witness stand Thursday and were questioned about how they signed and dated the petitions and if they did it legally.
Linda Wegman was one of the notaries questioned and always thought she had her 'I's' dotted and 'T's' crossed when it came to notarizing documents.

"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.

Smoking fight heads to court
Mitchell (SD) Daily Republic, 2009-11-11
Bob Mercer, The Daily Republic

PIERRE ­ The main event starts Thursday morning in South Dakota’s courtroom battle over whether the expanded smoking ban passed by the Legislature earlier this year will become an election battle next year.
PIERRE ­ The main event starts Thursday morning in South Dakota’s courtroom battle over whether the expanded smoking ban passed by the Legislature earlier this year will become an election battle next year.
In dispute is whether the ban can be referred to a statewide vote next Nov. 2 as part of the 2010 general election.

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. ...

Second-hand smoke testimony banned from fight
Aberdeen (SD) American News, 2009-11-03
BOB MERCER, American News Correspondent

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 tobacco smoke.
Circuit Judge Kathleen Trandahl agreed with arguments presented on behalf of four businessmen who led the petition drive last spring to put the ban on the November 2010 ballot.

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. ...

Cancer society in fight for ban
Sioux Falls (SD) Argus-Leader, 2009-10-07
Peter Harriman

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.

American Cancer Society Seeks To Join Smoking Ban Lawsuit
KSFY - Brian Allen - October 5, 2009

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." ...

Smoking Ban Battle In Courtroom Tuesday
KELOLAND TV (Sioux Falls, SD), 2009-10-02

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.
Even though a decision could be made on Tuesday, the actual trial on the issue is scheduled for October 26 in Fort Pierre. It was originally was set for August 24 but was pushed back after the American Cancer Society requested that Judge Mark Barnett, a former Attorney General, not be part of the case. ...

Another delay in case unfortunate
Rapid City Journal - September 7, 2009

Will South Dakotans get to decide if the state should go smoke free?

It’s disheartening to see repeated delays move this issue further from the hands of voters. ...

Editorial: Challenges to smoking ban allow health risks to continue
SDSU Collegian - September 3, 2009

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. ...

Trial delayed in SD smoking ban dispute
AP, 2009-08-20
CHET BROKAW Associated Press Writer , The Associated

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. ...

Smoking Ban Case Gets New Judge (SD)
KELOLAND TV , 2009-08-11

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 ban. ...

Smoke vote opposed
American Cancer Society claims vote on ban would violate South Dakota Constitution
Aberdeen (SD) American News, 2009-08-11
BOB MERCER, American News Correspondent

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. ...

SD smoking ban legal fight focuses technicality
Forbes - Chet Brokaw - August 10, 2009

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. ...

Sacred Breath fights commercial tobacco use
Rapid City (SD) Journal, 2009-08-09
Jan Hill, Journal correspondent

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." ...

Court hearing set in smoking ban dispute
KTIV - July 31, 2009

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. ...

29 Notaries had incorrect seal on smoking ban petitions
Rapid City (SD) Journal, 2009-07-29
Kevin Woster, Journal staff

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 said.
That number indicates a pervasive notary problem throughout the petitions drive, said smoking ban supporter Jennifer Stalley of the American Cancer Society.

"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." ...

Opponents of smoking ban gain a delay
Attorney general predicts hearing within weeks after stay issued
Sioux Falls (SD) Argus-Leader, 2009-07-28
THOM GABRUKIEWICZ

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."
Circuit Judge Mark Barnett of Pierre on Monday delayed enforcement of the smoking ban until the lawsuit is decided. ...

TRUCANO et. al. v. SOUTH DAKOTA
KELOLAND TV (Sioux Falls, SD), 2009-07-27

APPLICATION FOR WRIT OF MANDAMUS
STATE OF SOUTH DAKOTA CIRCUIT COURT HUGHES CO.
FILED
JUL 27, 2009

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. . . .

ORDER
Pending before the Court is Petitioners' Ex Parte Motion for Stay dated July 25, 2009. Said motion came before this Court without hearing and without a record, but is unopposed by Respondent.

THE COURT DOES NOW:
GRANT Petitioners' request that the Court issue an order staying the enactment of HB 1240 into law, until resolution of Petitioners' Application for Writ of Mandamus.

Loophole opened way for smoking-ban petition dispute
Aberdeen (SD) American News, 2009-07-28
BOB MERCER, American News Correspondent

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.
Meanwhile, Secretary of State Chris Nelson said Monday that another step might be necessary in the future to cover a gap in the random-sample process South Dakota uses for checking signatures on ballot-measure petitions.

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. . .
The referendum petition's original four circulators - Mike Trucano of Deadwood, Don Rose and Pete Thompson of Sioux Falls and Mark O'Neill of Henry - are now seeking a court order requiring Nelson to put the ban on the 2010 ballot.

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. ...

Smoking Ban Decision Challenged
Petitioners Demand Review Of Invalid Signatures
AP, 2009-07-25
CARSON WALKER Associated Press Writer

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?" ...

Editorial: Smoking ban issue resolved; time to move on
Sioux Falls Argus Leader - July 24, 2009

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. ...

Local Reaction To Smoking Decision Mixed
Yankton Daily Press - Nathan Johnson - July 24, 2009

News that petitions challenging a statewide smoking ban didn’t 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 Nelson’s 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 Thursday’s development will mean the legislation will go into effect soon.

“It’s a day that we had planned for in the Legislature, and it’s what we believe the people of South Dakota have wanted,” she said. ...

AG Researches Smoking Ban Startup
KELOLAND TV - July 23, 2009

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. ...

Smoking ban challenge rejected
Rapid City Journal, July 23, 2009

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…

Review Of SD Smoking Ban Petition Complete By Friday
On Friday we should know if South Dakota's smoking ban will be sent to a public vote or if it will go into effect.
KSFY Television ABC (Sioux Falls, SD), 2009-07-22
KSFY Staff

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. . . .
Secretary of State Nelson will not say anything about the signatures his office counted. In fact, he won't even comment on how many signatures have been tallied. All he will say is that the count is going much faster than he anticipated and he will release all the results when the review is completed at the end of the week. ...

Officials still checking petition challenges
KTIV - July 21, 2009

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. ...

Petition challenge creates 'tedious process' for state
Verification task 40 percent done
Sioux Falls (SD) Argus-Leader, 2009-07-16
Meredith Moriak

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. ...

Progress Report On Smoking Ban Petition
KELOLAND TV (Sioux Falls, SD), 2009-07-13

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.
Secretary of State Chris Nelson and three others are combing through some 9,800 signatures that were red-flagged by smoking ban proponents. Nelson says the process will take time.

Four workers are going through 383 pages of questionable signatures. They're about a quarter of the way through. ...

Supporters of smoking ban seek to stop public vote
AP, 2009-07-03
CHET BROKAW,Associated Press Writer

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.

Signature Challenge First Of Its Kind In SD
KELOLAND TV (Sioux Falls, SD), 2009-07-02

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.
"This is as Chris called it, 'uncharted territory,' because this has never happened before," Deputy Secretary of State Teresa Bray said.

State vote no longer certain on smoking ban for bars, cafés
Mitchell (SD) Daily Republic, 2009-07-03
Bob Mercer, Republic Capitol Bureau

Opponents of South Dakota’s 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.

That’s because the leader of South Dakota’s 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 won’t 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. . . .
Stalley is challenging the signatures rather than the sampling method. Nelson wasn’t at the office when Stalley’s challenge documents arrived with just an hour to spare. Bray said the next step is to begin looking at each one of the 9,891 challenges. That work will begin Monday. “We will have to go line by line,” Bray said. If enough of the challenged signatures are found to be invalid, Bray said Nelson then would consult with state Attorney General Larry Long regarding how to proceed.

Smoking Ban Supporters Say 10,000 Signatures Invalid
KSFY Television ABC (Sioux Falls, SD), 2009-07-02
KSFY Staff

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."

Signatures challenged
Smoking ban backers contest petition's validity
Sioux Falls (SD) Argus-Leader, 2009-07-03
Jonathan Ellis

A coalition of health advocates on Thursday claimed that almost 10,000 signatures collected by opponents of a statewide smoking ban are invalid.
They filed a formal protest with the secretary of state's office, asking the office to invalidate 9,891 signatures. . . .

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.
Other problems included duplicate signatures, incomplete information and invalid circulators, the challenge says.

"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.


Smoke Free Supporters Challenge Petition Certification
Public News Service (PNS) , 2009-07-03

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."

EDITORIAL: State smoking ban all but certain
Rapid City (SD) Journal, 2009-06-29

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. ...

Petitions get OK in smoking fight
Sioux Falls Argus Leader - June 26, 2009

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.

To get on the ballot, smoking ban foes needed 16,776 signatures.

Ban supporters to review petitions
Jennifer Stalley, South Dakota government relations director for the American Cancer Society, said a group of ban supporters is making copies of each petition and will review all signature to ensure their validity. It has until 5 p.m. July 2 to do do.

"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." ...

Validating Smoking Ban Petition Signatures
KELOLAND TV (Sioux Falls, SD), 2009-06-23

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. ...

Petitions Filed For Public Vote
Expanded Law Could Be Delayed By Action
Yankton (SD) Press & Dakotan, 2009-06-23
CHET BROKAW Associated Press Writer

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.

Smoking-ban foes play game of delay
Petitions could force vote, stall new law for 17 months
Sioux Falls (SD) Argus-Leader, 2009-06-20
Nestor Ramos

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.

Smoking Ban Under Study
Yankton Daily Press - June 16, 2009

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.

“We’re in good shape as far as signatures needed. Now we’re 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. ...

Smoking ban opponents optimistic about drive to put issue on 2010 ballot
Rapid City (SD) Journal, 2009-05-31
Kevin Woster, Journal staff

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. ...

Governor 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.
AP, 2009-05-17
CHET BROKAW Associated Press Writer

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 there. ...

Smoking ban opponents get petition signatures
KTIV - May 6, 2009

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. ...

Bars tackle smoking ban
AP, 2009-04-26

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. ...

South Dakota’s smoking ban petition drive could go up in smoke
Dakota Voice - April 14, 2009

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 wasn’t 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? ...

Smoking ban petition heats up in Rapid City
AP, 2009-04-11
The Associated Press

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 ...

Smoking ban may be left to voters
Bar owners launch bid to put law on ballot
Sioux Falls (SD) Argus-Leader, 2009-04-01
Melanie Brandert

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.
"Minnesota lost over 300 bars in the first year," Rose said, adding that area bar owners think they will lose sales because customers eventually will leave and go home where they can smoke freely. "Smoking is legal in the United States. Why can't it be in my establishment?"

Groups mull seeking public vote on SD smoking ban
Forbes - March 25, 2009

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. ...

South Dakota to Join List of States with Strong Smokefree Restaurant and Bar Laws
Americans for Nonsmokers' Rights, March 19, 2009

Rounds Signs Smoking Ban
KELOLAND TV - March 19, 2009

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.

Rounds Studies Smoking Ban
Governor Hopes To Decide Fate Of Bill Soon
Yankton Press & Dakotan, 2009-03-18

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 there.

South Dakota: Smoking ban goes to governor's desk
AP, 2009-03-10

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.

Smoking Ban Up For House Vote Monday
KELOLAND TV - March 9, 2009

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.

Lawmaker: Cigar Loophole Not Available
KELOLAND TV - March 6, 2009

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.

SD governor silent on signing smoking ban bill
MSNBC - March 6, 2009

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.

Smoking ban OK'd
Governor's signature would put law in effect starting July 1
Sioux Falls (SD) Argus-Leader, 2009-03-05
Jonathan Ellis

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.

State Physician's Group Supports Smoking Ban
AP, 2009-02-27

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.

In an editorial, the journal says health-care providers have an obligation to urge lawmakers to pass smoke-free legislation.

Editorial: Pass smoking ban
Senators should follow House's lead to protect health
Sioux Falls (SD) Argus-Leader, 2009-02-25

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.
For its part, the House was right to avoid pressure to water down the bill with an undue amount of exemptions. . . .

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.

South Dakota House passes wide-ranging smoking ban
MSN Money - February 24, 2009

PIERRE, S.D. (AP) - After an hour of sometimes emotional debate, the South Dakota House passed a measure that would ban smoking in bars, video lottery casinos and restaurants that serve liquor. And, as amended by the House, it also would ban smoking in Deadwood gambling halls.

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.

Kranz: Chamber takes pulse of members
Sioux Falls Argus Leader, SD - February 23, 2009

Question: "The legislature is considering passing a more comprehensive smoking ban. What option would you favor?" Answers: "Complete ban including bars, ...

Committee sends smoking ban to SD House floor
Forbes, NY - February 19, 2009

A legislative committee says smoking should be banned in South Dakota bars, video lottery casinos and restaurants that serve liquor.

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.

Senate kills ban on smoking in public places
AP, 2009-02-17
The Associated Press

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.

Our Opinion: SD Smoking Ban And The Face Of Reality
Yankton Daily Press, SD - February 10, 2009

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 state’s 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 aren’t 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.

South Dakota smoking ban shifts to House
Sioux City Journal, IA - February 9, 2009

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?"

Anti-smoking bill goes down in defeat
AberdeenNews.com, SD - February 4, 2009

Sen. Mike Vehle, the last name called in the roll, cast the deciding “no” vote on Tuesday as the state Senate narrowly refused to prohibit smoking in most bars, casinos and restaurants that serve alcohol across South Dakota.

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.

South Dakota panel votes to expand smoking ban
Forbes, NY - February 2, 2009

On a 7-0 vote, the Senate Health and Human Services Committee sent to the floor a bill, which would repeal exemptions in current state law that permit smoking in bars, casinos, cigar lounges and hotel rooms.

Smoking ban backed by legislative leaders
Daily Republic, SD - January 30, 2009

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 don’t 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."

Lawmakers mull anti-smoking bill; voice your opinon on the issue
Sioux Falls Argus Leader, SD - January 27, 2009

South Dakota lawmakers are considering a bill that would make restaurants, bars, casinos and hotels smoke-free.

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.

Is a Smoking Ban in SD's Future?
KELOLAND TV (Sioux Falls, SD), 2008-11-06

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.

Smoke if you got 'em, - but don't do it here
Brookings Register, June 4, 2006

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.



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