Link to the bill status on ct.gov Here

Senate, April 4, 2008

The Committee on Public Health reported through SEN. HANDLEY of the 4th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT CONCERNING THE ESTABLISHMENT OF A COMMITTEE TO FACILITATE AN EXTENSION OF THE BAN ON SMOKING IN PUBLIC PLACES TO CASINOS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (Effective from passage) (a) There is established a committee to analyze and facilitate an extension of the state's ban on smoking in public places to casinos. The committee shall consider and review any factors, legal or otherwise, that could impede the state's ability to implement a ban on smoking in casinos. After giving due consideration to such factors, the committee shall take such actions as it deems appropriate and necessary to facilitate the implementation of a ban on smoking in casinos located in the state.

(b) The committee shall consist of the following members:

(1) The speaker of the House of Representatives, or a member appointed by the speaker of the House of Representatives;

(2) The president pro tempore of the Senate, or a member appointed by president pro tempore of the Senate;

(3) The majority leader of the House of Representatives, or a member appointed by the majority leader of the House of Representatives;

(4) The majority leader of the Senate, or a member appointed by the majority leader of the Senate;

(5) The minority leader of the House of Representatives, or a member appointed by the minority leader of the House of Representatives;

(6) The minority leader of the Senate, or a member appointed by the minority leader of the Senate;

(7) The Governor, or a member appointed by the Governor;

(8) The Attorney General, or a member appointed by the Attorney General;

(9) The Commissioner of Public Health, or the commissioner's designee;

(10) The Commissioner of Consumer Protection, or the commissioner's designee;

(c) Any member of the committee appointed under subdivision (1), (2), (3), (4), (5), (6) or (7) of subsection (b) of this section may be a member of the General Assembly.

(d) All appointments to the committee shall be made no later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.

(e) The speaker of the House of Representatives and the president pro tempore of the Senate shall serve as the chairpersons of the committee. Such chairpersons shall schedule the first meeting of the committee, which shall be held no later than sixty days after the effective date of this section.

(f) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to public health shall serve as administrative staff of the committee established pursuant to this section.

Sec. 2. (Effective from passage) (a) On or before January 31, 2009, the chairpersons of the committee, established pursuant to section 1 of this act, shall certify in writing to the joint standing committee of the General Assembly having cognizance of matters relating to public health that the efforts of the committee have: (1) Resulted in an agreement that will facilitate the implementation of a ban on smoking in the state's casinos; or (2) not resulted in an agreement that will facilitate the implementation of a ban on smoking in the state's casinos. In the event that the efforts of the committee have resulted in an agreement that will facilitate the implementation of a ban on smoking in the state's casinos, the certification from the chairpersons of the committee shall include the significant terms of such agreement, including, but not limited to, the date on which the ban on smoking in the state's casinos shall take effect.

(b) In the event that the chairpersons of the committee, established pursuant to section of 1 of this act, certify in writing that the efforts of the committee have not resulted in an agreement that will facilitate the implementation of a ban on smoking in the state's casinos, then, on and after February 1, 2009, no person shall smoke in any area of an establishment with a permit issued for the sale of alcoholic liquor pursuant to section 30-37k of the general statutes.

The following fiscal impact statement and bill analysis are prepared for the benefit of members of the General Assembly, solely for the purpose of information, summarization, and explanation, and do not represent the intent of the General Assembly or either chamber thereof for any purpose:

OFA Fiscal Note

State Impact:

Note: GF=General Fund

Municipal Impact: None

Explanation

The bill establishes a committee to facilitate an agreement that extends the state's smoking ban to casinos. The committee must certify to the Public Health Committee, by January 31, 2009, whether its efforts have resulted in an agreement that facilitates such a ban. If they have not, the bill bans smoking in any establishment that sells liquor under a casino permit beginning February 1, 2009.

The smoking ban could significantly affect¹ state revenue from Indian gaming payments and other sources, including alcoholic beverage and cigarette taxes generated from sales at casinos, if the ban: (1) reduces the amount of time that players spend gambling or (2) causes players to choose to visit out-of-state casinos that permit on-premises smoking.

The bill appoints members of the General Assembly to participate on the committee, and requires the staff of the Public Health Committee to provide administrative assistance. The Office of Legislative Management would incur minimal costs associated with mileage reimbursement of 50.5 cents per mile for legislators participating on the committee.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.



OLR Bill Analysis

sSB 419

AN ACT CONCERNING THE ESTABLISHMENT OF A COMMITTEE TO FACILITATE AN EXTENSION OF THE BAN ON SMOKING IN PUBLIC PLACES TO CASINOS.

SUMMARY:

This bill establishes a 10-member committee to facilitate an agreement that extends the state's smoking ban to casinos. The committee's chairpersons must certify to the Public Health Committee, by January 31, 2009, whether its efforts have resulted in an agreement that facilitates such a ban. If they have not, the bill bans smoking in any establishment that sells liquor under a casino permit beginning February 1, 2009. By law, a casino permit covers gaming facilities and other facilities on the same premises, including hotels, restaurants, nightclubs, bingo halls, and convention centers.

EFFECTIVE DATE: Upon passage

COMMITTEE ON CASINO SMOKING

Membership

The committee consists of the six legislative leaders, the governor, the attorney general, and the public health and consumer protection commissioners. The members can appoint someone to serve in their stead; the governor and leaders' appointees can be legislators. All appointments must be made within 30 days after the bill takes effect. The appointing authority fills any vacancy.

The speaker and president pro tempore (or, presumably, their appointees) serve as the committee's chairpersons. They must schedule the first meeting within 60 days after the bill takes effect.

The Public Health Committee's administrative staff serves as this committee's staff.

Committee Duties

The committee must review any legal or other factors that might impede the state's ability to ban smoking in casinos. After considering these, it must take appropriate actions to bring about a ban.

By January 31, 2009, the chairpersons must certify in writing to the Public Health Committee whether or not its efforts have resulted in an agreement that would facilitate implementation of a smoking ban in casinos. If an agreement has been achieved, the certification must include its significant terms, including the date the ban is to begin.

BACKGROUND

Special Act

OLR does not analyze most special acts. Although if enacted this bill would be a special act, we are analyzing it because, in the absence of an agreement with Native American tribes, it potentially effects a smoking ban in casinos that would otherwise require a statutory change. The state's existing ban on smoking in public places excludes establishments holding a casino permit (CGS §19a-342).

COMMITTEE ACTION

Public Health Committee

Joint Favorable Substitute