Prop 188: Smoking and Tobacco Products. Local Preemption.

The way it is now:

Both state and local governments can regulate smoking. A new state law
goes into effect in 1995 that bans smoking in restaurants and most
workplaces (except for break rooms). Smoking is allowed in bars for two
more years. Stricter local laws about smoking are also in effect.

What Prop 188 would do:

Overrule the new state law and local laws with less strict limits on
smoking. It would allow smoking in bars, more places at work and let
restaurants have smoking sections. It also creates tougher penalties
for selling tobacco to minors.

What it will cost:

Less strict limits could lead to more smoking which means more income
from cigarette taxes. There could also be costs from more health care
problems. The cost to enforce this law is less than $1 million.


"Prop 188 sets up one clear state law instead of lots of confusing local
laws about smoking."

"It balances the needs of non-smokers with smokers who are still about
20% of the state."

"Prop 188 gets tougher on selling tobacco to minors to help keep kids
from starting."


"Prop 188 was put on the ballot by a big tobacco company to get around
current laws."

"Because it creates more second hand smoke, Prop 188 hurts kids more than
it helps."

"Prop 188 takes away the right to set our own local laws about smoking."

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California Voter Foundation 1994, 1995, 1996, 1997 & 1998