Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 
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"The immediate implications for our business are clear: if our consumers have fewer opportunities to enjoy our products, they will use them less frequently and the result will be an adverse impact on our bottom line. Even more important, accommodation / preemption laws shape the real-world environment in which our customers and their non-smoking friends and associates live every day. If smokers are banished to doorways and loading docks in front of buildings, it makes smokers feel like outcasts and gives encouragement to the antis. On the other hand, if we live in a society that accommodates smokers and non-smokers alike, it sends the message that smoking is a viable life-style choice and an adult's decision to use a legal product should be respected."

Tina Walls
Philip Morris (PM)

South Dakota

All South Dakota workplaces, including restaurants, bars, video lottery establishments and casinos, were scheduled to be 100% smokefree as of July 1, 2009. However, the implementation of the law was been suspended when opponents succeeded in gathering enough signatures to place the law on the ballot in November 2010. The law will not go into effect unless approved by the voters. To stay posted, visit Smokefree South Dakota.

South Dakota's strong new smokefree law was signed by Governor Rounds on March 19, 2009. Nearly every worker in South Dakota would be protected from secondhand smoke exposure by this law. The law includes limited exemptions for tobacco retail stores, 25% of hotel rooms, and cigar bars that made over 10% of sales from cigars and were in existence as of January 1, 2009.

The current 2002 statewide law covers only non-hospitality workplaces and public places, and will remain in effect until the new law takes effect July 1, 2009. Read South Dakota's existing 100% smokefree workplace law.

South Dakota law still preempts local community's right to local control, stating, "The Legislature is the exclusive regulator of all matters relating to the use of tobacco products." Read more about current tobacco-related legislation in South Dakota.

Current tobacco-related statistics are available from the Centers for Disease Control's Tobacco Control State Highlights, 2007.

South Dakota's 2010 Legislative Session: January 12 - March 29


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