Legislative Analysis
Phone: (517) 373-8080
CIGAR BAR PUBLIC SMOKING EXEMPTION http://www.house.mi.gov/hfa
Senate Bill 466 as passed by the Senate Analysis available at
Sponsor: Sen. Kristen McDonald Rivet http://www.legislature.mi.gov
House Committee: Regulatory Reform
Senate Committee: Regulatory Affairs
Complete to 11-9-23 (Enacted as Public Act 318 of 2023)
SUMMARY:
Senate Bill 466 would amend the Public Health Code to modify the exemption of cigar
bars from the ban on smoking in a public place.
Currently, cigar bars that were operating before May 1, 2010 (i.e., the date the ban took
effect) are grandfathered in and are exempt from the prohibition as long as the owner of
the establishment refiles an affidavit with the Department of Health and Human Services
(DHHS) annually on January 31.
Under the bill, for one calendar year only, a cigar bar would also be exempted from the ban
on smoking in a public place if an affidavit signed by the owner is filed with DHHS
certifying that all of the following apply:
• The cigar bar is located in a city with a population of more than 32,000 and less
than 34,000 that is located in a county with a population of more than 100,000 and
less than 105,000.
• In 2023 or later, the cigar bar failed to file the January 31 affidavit with DHHS for
at least one calendar year but not more than three calendar years.
• The cigar bar has not previously filed an affidavit under these new provisions.
If a cigar bar qualifies for the new exemption under the bill, the affidavit-filing requirement
under current law would not apply during the calendar year or years the cigar bar is exempt
under the bill’s provisions. [Although the bill states that a cigar bar qualifies for the
exemption under these provisions “for one calendar year only,” it goes on to exempt the
cigar bar, once it has so qualified, from the January 31 affidavit requirement for up to the
three years described in the second bulleted provision.]
MCL 333.12606a
BACKGROUND:
According to Senate committee testimony, the bill is intended to allow a cigar bar in Bay
City that failed to renew its exemption while in the process of being sold to reapply for the
cigar bar exemption. 1
1
https://cloud.castus.tv/vod/misenate/video/65030717a720bc000877283b?page=HOME
House Fiscal Agency Page 1 of 2
FISCAL IMPACT:
Senate Bill 466 would not have a significant fiscal impact on state expenditures to the
Department of Health and Human Services or local units of government.
Legislative Analyst: Alex Stegbauer
Fiscal Analyst: Sydney Brown
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency SB 466 as passed by the Senate Page 2 of 2


Statutes affected:
Senate Introduced Bill: 333.12606
As Passed by the Senate: 333.12606
As Passed by the House: 333.12606
Public Act: 333.12606
Senate Enrolled Bill: 333.12606