National
 
Department of Justice Files Motion on RICO Case
The U.S. Department of Justice filed a motion to have the full Court of Appeals review and decide on the Racketeer Influenced and Corrupt Organizations Act (RICO) case, which three appeals judges overturned in early February. The motion requests that all 12 judges of the Court of Appeals review the $280 billion disgorgement case.

Bill Introduced to Grant FDA Authority Over Tobacco Products
On March 17th, Senators Michael DeWine (R-OH) and Edward Kennedy (D-MA), along with Representatives Thomas Davis (R-VA) and Henry Waxman (D-CA), introduced legislation to give the U.S. Food and Drug Administration authority over new and existing tobacco products and marketing practices. The regulations could include eliminating all flavored cigarettes except menthol, banning use of the terms “mild”, “low” and “light” in advertising and packaging, and regulating both the implicit and explicit health claims made by the tobacco industry. Additionally, the industry could be required to change the contents of cigarettes to decrease toxins, to disclose tobacco industry research and the contents of cigarettes, and to place more explicit health warnings on packaging. Identical legislation was proposed and defeated last year; it is the hope that the bi-partisan support of this year’s proposal will have a positive effect on its passing. For more information on the bill, follow the link:
http://tobaccofreekids.org/Script/DisplayPressRelease.php3?
Display=824&tr=y&auid=799271

States

District of Columbia: Two bills to that would prohibit public and workplace smoking were presented to the DC City Council on March 15, 2005.

Georgia: The Georgia state legislature has passed a smoking ban bill, called the Georgia Smoke Free Air Act of 2005. Governor Sonny Perdue is determining whether to sign the bill, which was somewhat weakened from the sponsor's proposal. The bill prohibits smoking in restaurants and bars that allow admission or employment of persons under the age of 18 at any time; however, this does not apply to private enclosed rooms in restaurants that are separately ventilated.

Smoking is restricted in businesses and work sites; an exception is made for those that are open to the public by appointment only. Private and Military Clubs are exempted. Smoking is prohibited also in all government buildings. Enforcement is the duty of the Department of Human Resources and the county boards of health and their duly authorized agents.

Hawaii: The Hawaii state legislature is looking at a bill that would prohibit smoking on all public beaches and parks in the state. The bill would also require proper disposal of cigarette butts in designated receptacles. A fine of $250 could be the penalty for noncompliance.

Minnesota: The smoke-free air bill proposed in the Minnesota Senate was rejected by a House Committee on March 2nd. The defeated bill would have banned smoking in most public places with the exception of some restaurants and bars. A similar, more restrictive, bill still exists in the Senate.

Montana: The House of Representatives in Montana has passed a smoking ban for public spaces and workplaces. The legislation exempts restaurants and bars where people under 18 are not served for four years. The Senate must review and vote on the bill. For more information, please go to:
http://www.rapidcityjournal.com/latest/index.php?display=
2005/03/23/build/state/22-smoking-ban.php

New Jersey: The Senate Committee passed a bill that would eliminate smoking in public places and workplaces, including the state’s casinos. Next, the full Senate will vote on the New Jersey Smoke-Free Air Act, which has the support of acting Governor Richard Codey.

New Mexico: The House of Representatives passed a smoke-free air bill that aims to ban smoking in most private workspaces. The Senate previously rejected a similar bill.

North Dakota: Both the House and Senate have passed smoke-free workplace bills; however, the Senate’s version is more restrictive as it includes all restaurants and the phasing in of bars and private clubs. A Senate committee will look at the changes made by the House, which exempted separately ventilated areas for bars and restaurants or independent bars, and determine the details. For more information, please go to:
http://www.grandforks.com/mld/grandforks/11234885.htm

Rhode Island: On March 1st, Rhode Island became the seventh state to have a statewide work place smoking ban. The Public Health and Workplace Safety Law bans smoking in all indoor enclosed public spaces as well as all indoor work space, including bars, restaurants and health and day care facilities. Some smaller and private businesses are exempt until October 2006. The law also prohibits smoking in outdoor sporting arenas. Governor Donald L. Carcieri signed the bill into law on June 29, 2004 and it was officially implemented on March 1, 2005. For more information on Rhode Island’s tobacco control efforts, please go to:
http://www.health.ri.gov/disease/tobacco.

Washington: The state court of Washington has determined that local policies on clean air and smoke-free workplaces are preempted by the state’s Clean Indoor Air Act. Tacoma –Pierce County was prohibited from upholding laws that outlaw smoking in all indoor public places because Washington’s Clean Indoor Air Act (1985) exempts bars, taverns, bowling alleys, restaurants and tobacco shops. Tacoma – Pierce County’s ordinance was challenged by the Entertainment Industry Coalition. For details of the decision, follow this link:
http://www.courts.wa.gov/opinions/?fa=opinions.opindisp&docid=756759MAJ.

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