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Thursday, February 03, 2011
Ind. Law - "If the state passes a smoking ban, it won't change local ban ordinances"
So reports Stephanie Gattman today in a story in the Elkhart Truth. Some quotes:
ELKHART -- The statewide smoking ban that passed the Indiana House of Representatives Monday won't affect local ordinances in Elkhart and Goshen.
Both are tougher than the state's proposal, which still has to pass the Senate -- a place where it's died at least five times in the past.The much-watered-down ban passed the House by a vote of 68-31 Monday. House Bill 1018 was amended to exempt bars, casinos, nursing homes, private clubs and tobacco retailers. * * *
One amendment that did not pass, according to Mark Potuck, who leads Tobacco Control of Elkhart County, would have allowed the state law to pre-empt local ordinances, including retroactively.
Defeat of the amendment "was so important. What that means, if they would have gotten that pre-emption amendment, then no other municipality could have a stronger ordinance than the state ordinance," Potuck said.
Making it retroactive meant that cities with much stronger ordinances such as Elkhart and Bloomington "could have been reversed. As it worked out, that amendment was defeated," he said.
Therefore, there won't be any impact on Elkhart or Goshen's ordinances if the state law passes, Potuck said.
Unless, that is, someone decided to change the ordinance.
Posted by Marcia Oddi on February 3, 2011 08:54 AM
Posted to Indiana Law