02-09-98 Council Meeting Minutes

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REGULAR MEETING FEBRUARY 9, 1998 Member Hosinski made a motion to defeat this resolution, seconded by Council Member Ujdak. The motion failed on a vote of two ayes (Council Members Hosinski and Ujdak) and six nays. Council Member Broden made a motion to adopt this resolution, seconded by Council Member Kelly. The resolution was adopted by a roll call vote of six ayes and two nays (Council Members Hosinski and Ujdak.) RESOLUTION NO, 2552 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, IN SUPPORT OF LOCAL CONTROL OVER TOBACCO - RELATED ORDINANCES Whereas, the South Bend Common Council has been advised that every 30 seconds a child in Indiana smokes for the first time with one -third of these children eventually dying of tobacco - related diseases and Whereas, in the State of Indiana 10,250 residents die of tobacco - caused diseases, with 420,000 Americans dying each year; and Whereas, the U.S. Environmental Protection Agency has classified second -hand smoke as a "Group A Carcinogen "; and Whereas, second -hand smoke in the third leading cause of preventable death which kills 53,OOO.Americans each year; and the Council has been further advised that the State of Indiana has dubious distinction of having the second highest rate of smoking prevalence in the United States; and Whereas, based on the statistics made available, the Common Council is seriously concerned about the health hazards of tobacco use and second -hand smoke and believes that public education is necessary in this area. Now, therefore, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana urges the Indiana General Assembly to restore the rights of local communities to regulate the sale, distribution and display of tobacco products lost with the passage of Senate Enrolled Act (S.E.A.) 106 in the 1996 Indiana General Assembly. Section II. The South Bend Common Council opposes the principle and practice of local preemption of tobacco - related ordinances and urges the Indiana General Assembly to protect the rights of local communities to enact and enforce tobacco - related ordinances. Section III. The Common Council of the City of South Bend, Indiana, directs the City Clerk to distribute copies of this resolution to Governor Frank O'Bannon and Lieutenant Governor Joseph E. Kernan and to members of the Indiana General Assembly representing the City of South Bend as well as the State Department of Health so that they know the position of the South Bend Common Council of this important Public Health and Safety issue. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. James Aranowski, First District I David Varner, Fifth District Charlotte Pfeifer, Second District Andrew Ujdak, Sixth District Roland Kelly, Third District Sean Coleman, At Large 1 1 1