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REGULAR MEETING MARCH 29, 2016 percent of a county's population was covered by a comprehensive ban saw a twenty (20) percent reduction in heart attacks, an eleven (11) percent reduction in pulmonary disease. When the country of Scotland decided to implement comprehensive clean air, they saw a seventeen (17) percent reduction of heart attacks and coronary infection. In just the first year when New York passed a clean air ordinance they saw an eight (8) percent decrease in hospital admissions for heart attacks and a $56 million dollar decrease in hospital costs. These are statistics but every one of those numbers is a human being. So when you have a twenty (20) percent reduction in heart attacks that means many did not have a heart attack that would have without a clean air ordinance. The health benefits of clean air are undeniable and we expect to see the same results in South Bend. Some people make the argument that it is an adult's decision in where they work and where they patronize businesses. However, we don't use the same logic when a business or factory has dangerous levels of carbon monoxide. We don't just tell workers that you're an adult you can make a choice to work in that factory and we don't tell members of the public that if they're going to be shopping at a store with dangerous levels of carbon monoxide that they can simply make a choice as an adult. We know the dangers of these chemicals and we have laws that protect the public and laws that protect workers from things like carbon monoxide. Again, South Bend is far from the first city to look into a comprehensive air ordinance and the vast majority of economic research concludes there is no negative economic impact to a clean air ordinance. These studies are academic, peer reviewed, and published in highly respected journals. There are some other tobacco industry funded outlier studies that say the opposite but the vast majority of research regarding economics is that these ordinances do not have an effect on business. There is a recent CDC study from 2013, which was the most comprehensive study to date on this issue, which looked at 216 cities in eight (8) states without statewide smoke -free air laws. This is similar to the situations South Bend would be in if we were to adopt this ordinance. The study stated unequivocally that smoke free laws did not have an adverse economic impact and it provided a small economic benefit to cities in one (1) state. This study cited over twenty -two (22) individual studies that confirmed that exact same research. More importantly, smoke -free laws improve both employee and general population health. The Indiana State Department of Health estimates the cost of secondhand smoke at $20 million dollars for the City of South Bend on annual basis. Other communities who have adopted smoke free ordinances have had no trouble enforcing them because primarily these ordinances are self - enforcing. People follow the law and as a result citations are really not needed. For example, the City of Indianapolis had over four hundred (400) affected establishments and in the first year they issued around three (3) citations. When laws are passed people follow the law. For South Bend, a volunteer phone -line established by Smoke Free St. Joe will help take away any burden from Code Enforcement. If a number of calls are received regarding an establishment, Code Enforcement will go take a look at the property. If a violation is found, the first penalty is simply a warning. If that business is only open after 5:00 p.m. they will coordinate the Police Dept. potentially using the volunteer police officers to go out and make a check to enforce. Again over time these ordinances are self - enforcing. Both Code Enforcement and the Police Department sent a letter stating they were comfortable with the ordinance and its expectations of them and that letter is on file in the City Clerk's Office. Indiana Code has given municipalities an express right to pass an ordinance that is more comprehensive than the state law. Many ordinances have been challenged in the past due to their exemptions, to prevent such a challenge this bill contains no exemptions. We are going to protect all workers and were going to protect the public everywhere. Any sort of indoor workplace will be covered by clean air policy. Some may cite the Evansville case from 2011, but their ordinance was overturned because they provided exemptions without stating good reason to do so and they did not include a severability clause. This bill does have a severability clause to preserve the remainder of the ordinance if it is challenged and any provision is found unconstitutional only that provision would be invalidated. This ordinance was reviewed extensively by national and state legal experts and found this ordinance is valid. 3