Arizona Non-Smoker Protection, Proposition 206 (2006)

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Arizona Proposition 206, also known as the Arizona Non-Smoker Protection Act, was on the November 7, 2006 election ballot in Arizona as an initiated state statute. It was defeated.[1]

Election results

Non-Smoker Protection
Defeatedd No861,44057.3%
Yes 640,851 42.7%
Election results from Arizona Elections Department.

Text of measure

Ballot title

In Arizona, ballot titles are written by an initiative's sponsor. The ballot title in this case said:

The Arizona Non-Smoker Protection Act creates a balanced, reasonable, consistent, statewide non-smoking law, protecting minors and preserving private property rights. The Act will not raise taxes or create new government programs. The Act would prohibit smoking in enclosed public places and places of employment, except bars and tobacco shops. Minors are not permitted in any part of a bar or tobacco shop that permits smoking. Signs must notify patrons and employees where smoking is permitted. If part of a larger business, the bars and tobacco shops must be separated by floor to ceiling partitions and separate ventilation systems.[2][3]

Legislative Council analysis

The Arizona Legislative Council is required to provide a neutral overview of any statewide ballot measure on the Arizona ballot. For Proposition 206, they wrote:

Currently, state statutes provide that smoking tobacco is prohibited in certain areas and most state buildings. A person who smokes where smoking is prohibited is guilty of a petty offense. Several cities and towns also have restrictions on smoking in public places.
Proposition 206 would prohibit smoking in all public places and places of employment, except as provided by the proposition. These exceptions include:
  1. Bars, including parts of restaurants, hotels and other establishments that sell alcoholic beverages and are physically separated with a separate ventilation system.
  2. Retail tobacco stores that are physically separated and independently ventilated.
  3. Veterans and fraternal clubs when they are not open to the public.
  4. Hotel rooms designated as smoking rooms.
  5. Outdoor patios.
Proposition 206 would prohibit a minor from entering a bar that permits smoking.
Proposition 206 also would prescribe notice and other requirements for operating establishments to implement the smoking restrictions. In addition, an employer could not retaliate against an employee for exercising any rights provided by the proposition.
A bar owner who violated the proposition would be guilty of a class 3 misdemeanor. Any other violation would be a petty offense.
Proposition 206 would preempt all city, town and county laws relating to smoking in bars and retail tobacco stores.[4][3]

Estimate of fiscal impact

The Arizona Joint Legislative Budget Committee is required to provide a fiscal impact statement for statewide ballot measures. The fiscal impact statement provided for Proposition 206 said:

State and local governments may receive additional revenues in the form of fines and penalty assessments from violators of the provisions of Proposition 206. The total amount of fines and assessments will depend on the level of compliance, which is difficult to predict in advance.[4][3]

Full text

The full text of the legislation proposed by Proposition 206 is available here.

Campaign finance

Donors to the campaign for the measure:[5]

  • Arizona Non-Smoker Protection Committee: $8,804,869
  • Total: $8,804,869

Donors to the campaign against the measure:

  • Smoke-Free Arizona Yes on 201, No on 206: $1,810,401
  • Total: $1,810,401
  • Overall Total: $10,615,270

See also

Suggest a link

External links