Referred Law 12 is House Bill 1240 from the 2009 session of the South Dakota Legislature. The top line of the law says "No person may smoke tobacco or carry any lighted tobacco product in any public place or place of employment." The law defines "public place" as any enclosed area (i.e., indoors, not just fenced) where you and I are invited or permitted. It excludes cigar bars, tobacco stores, and designated hotel rooms. The law also excludes private residences unless they host daycare. (Interesting: does that mean if you use the house for daycare, you still can't light up after all the munchkins go home?)
Inform your vote with these resources on Referred Law 12!
- Read the full text of HB 1240 as passed by the Legislature and signed by Governor M. Michael Rounds.
- The Secretary of State offers this ballot measure pamphlet in PDF, complete with the Attorney General's (not the Surgeon General's) explanation and statements from folks on both sides of the issue.
- The American Cancer Society offers this website advocating the smoking ban.
- The Citizens for Individual Freedom lay out the opposing case here.
- Bar owner Don Rose leads the Citizens for Individual Freedom. I analyze his logical fallacies here... but hey! The fact that certain opponents of the smoking ban can't make a coherent argument doesn't mean opposition to the smoking ban itself is wrong.