HomeMy WebLinkAbout5.2 LocalControlSmokingOrd
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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 14, 1993
SUBJECT: Opposition to AB 996 (Tucker) and Support for AB 13 (Friedman)
relating to Local Control of Smoking Ordinances
~O (Prepared by: Bo Barker, Management Assistant)
EXHIBITS A'ITACHED~OIUtiOn in support of AB 13 and in opposition to AD 996
RECOMMENDATIONIVJU Ad?pt the Resolution in Support of AB 13 (Friedman) and in opposition
to AB 996 (Tucked and direct staff to send the resolution to Senator
Boatwrights Office
FINANCIAL STATEMENT: No direct financial impact on the City
DESCRIPTION: The State Legislature is currently hearing two (2) separate bills relating to
smoking control within the State of California. AD 996 (Tucker) has been labeled as the bill which is
being promoted by the Tobacco Industryrwhile AD 13 (Friedman) has been called the "pro-health" bill
by the American Lung Association. The American Lung Association has written to the City
requesting that the City take a position of support for AD 13 and opposition on AD 996.
AD 966 is a bill authored by Assemblyman Tucker which gives the State the regulatory power over
smoking control in the State. The bill would establish a somewhat weak Statewide smoking and
tobacco control standard. In essence, the bill would allow smoking in private offices, conference
rooms, lecture halls and break rooms. More significantly, the bill would pre-empt any local
ordinances not already in effect by April 1, 1993. This would prevent cities from enacting any more
strict ordinances dealing with smoking control.
AD 13, authored by Assemblyman Friedman would prohibit smoking in all enclosed places of
employment. While AD 13 would prohibit local ordinances in this area, it would not prohibit local
governments from enacting ordinances in other areas, such as vending machines and outdoor
smoking. It would also provide that if the 100 percent smoking ban is weakened by subsequent
legislation, existing local ordinances would go into effect.
Both bills failed passage in the Assembly during the last days of May. However, they were
subsequently granted reconsideration and AD 966, heard June 3, was passed by a vote of 43-33. AD 13
was passed in the Assembly on June 7. Both bills are now headed to the Senate for consideration by
committees and ultimately by the entire Senate.
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Recommendation: In the interest of local control and the ability to regulate smoking and tobacco
control, it is recommended that the City Council adopt the resolution and direct Staff to send it to
Senator Boatwright office indicating support for AD 13 and opposing AD 996.
COPIES TO: American Lung Association
ITEM NO.' . Z
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CITY CLERK
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RESOLUTION NO. - 93
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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SUPPORTING AB 13 (FRIEDMAN) AND OPPOSING AB 996 (TUCKER)
REGARDING SMOKING AND TOBACCO CONTROL
WHEREAS, the City of Dublin supports smoking and tobacco control within the City; and
WHEREAS, AB 996 takes away local governments' ability to protect their citizens health by
pre-empting stronger local ordinances enacted after April 1, 1993; and
WHEREAS, AB 996 would not protect employees and patrons from involuntary exposure to
secondhand smoke; and
WHEREAS, employees in general would not be protected from involuntary exposure to
secondhand smoke by allowing unrestricted smoking in all businesses with less than 15 full-time
employees, and allow smoking in private offices, conference rooms, lecture rooms, and break rooms in
businesses with at least 15 full-time employees; and
WHEREAS, AB 996 is designed to protect the tobacco industry more than the health and
welfare of California Citizens;
WHEREAS, AB 13 which establishes more strict standards of smoking control; and
WHEREAS, AB 13 does not pre-empt all local control of smoking.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin is in
support of AB 13 and opposes AB 996 relating to smoking and tobacco control.
PASSED, APPROVED AND ADOPTED this 14th day of June, 1993, by the following vote:
AYES:
NOES:
ADSENT:
ADST AIN:
Mayor
A'ITEST:
City Clerk
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EXHIBIT 1
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