Arizona Smoke-Free Arizona, Proposition 201 (2006)
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Text of measure
The language that appeared on the ballot:
Analysis By Legisative Council
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 201 would prohibit smoking in all public places and places of employment, except as provided by the proposition. These exceptions include:
1. Retail tobacco stores that are physically separated and independently ventilated.
2. Veterans and fraternal clubs when they are not open to the public.
3. Hotel rooms designated as smoking rooms.
4. Outdoor patios.
Proposition 201 would increase the state tax on cigarettes from $1.18 per pack to $1.20 per pack. Taxes on cigars and other tobacco products would not be increased by this proposition. Revenues collected from this tax would be deposited in a new Smoke-Free Arizona Fund to be administered by the Department of Health Services (DHS) to pay for enforcement and education costs.
Proposition 201 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 person who smokes where smoking is prohibited would be guilty of a petty offense.
Under the proposition, DHS would implement and enforce these smoking restrictions. DHS would be required to design and implement a program to educate the public and business owners about the smoking restrictions. DHS would also be authorized to accept complaints about and investigate violations of the smoking restrictions. Proposition 201 would also require DHS to assess a civil penalty of at least $100 but less than $500 for each violation.
Proposition 201 would not prohibit or repeal more restrictive city, town or county laws.
Fiscal Impact Statement
State law requires the Joint Legislative Budget Committee (JLBC) Staff to prepare a summary of the fiscal impact of certain ballot measures. Proposition 201 increases the tax on cigarettes by 2 cents a pack and allocates the monies to the Department of Health Services for enforcement and education provisions. State and local governments may receive additional revenues in the form of civil penalties, fines and penalty assessments from violators of the provisions of the proposition. The total amount of these collections will depend on the level of compliance, which is difficult to predict in advance.
The tax increase is estimated to generate $4.7 million in new revenue for the state in its first full year. Because some individuals may reduce their tobacco consumption when the price of tobacco increases, the state's existing tobacco tax collections may decrease. At 2 cents per pack, the impact of the tax on existing collections is projected to be minimal. The existing tobacco tax goes to health programs, prisons and the State General Fund.
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- Arizona Secretary of State, 2006 Ballot Propositions & Judicial Performance Review Proposition 201
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