Legislative Watch

National

Framework Convention on Tobacco Control ratified without U.S.
By the end of November 2005, 114 countries had ratified the Framework Convention on Tobacco Control (FCTC), which will change the way tobacco corporations operate around the world. The United States has signed the treaty but has failed to send it to the Senate for ratification. As a result, the U.S. will not be able to participate in the first meeting of the Conference of the Parties scheduled for February 2006. Click for more information.

AMA calls for smoking ban at all U.S. worksites
The American Medical Association is urging that national legislation should be passed to ban smoking in all U.S. workplaces. The statement expands upon a resolution aimed at dining establishments. The resolution was approved with the added provision that any law enacted not preempt stricter state or local bans. Click for more information.

Efforts to curb smoking in homes with children
Anti-smoking advocates have been pushing for legislation banning parents from smoking in their homes when children are present. Regulations have passed in three states – Maine, Oklahoma, and Vermont – forbidding foster parents from smoking around children. Custody cases in both Virginia and Maryland have hinged upon smoking in the home as well. Click for more information.

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States

Arizona:
 
Ballot initiative for clean indoor air in Arizona being planned

A coalition of health groups in Arizona is collecting the necessary number of signatures to have a smoking ban initiative on the November 2006 ballot. The proposal would require all workplaces, including restaurants, bars, nightclubs, and casinos, to be smokefree. Click for more information.

Arkansas:
 
Little Rock, Arkansas residents favor smoking ban

A new poll by the American Cancer Society shows that 64% of voters favor a city-wide smoking ban in Little Rock. Supporters include the mayor and the city’s Smoke Free Task Force. If the bans passes, the city will become the third in Arkansas to have a ban. Click for more information.
 
Arkansas governor considers statewide smoking ban
Governor Mike Huckabee is considering supporting a statewide ban on smoking in all workplaces in the state of Arkansas. Click for more information.

Colorado:
 
Colorado lawmakers plan to introduce smoking ban in 2006

State lawmakers plan to introduce a proposal to ban smoking in most public places, including restaurants and bars, when the legislature reconvenes in January. The plan has bipartisan support and will include exemptions, including the Denver International Airport’s smoking lounge. Ban supporters say that if the legislature fails to act, they will put the issue on the 2006 ballot. Click for more information.

District of Columbia:
 
Smoking ban approved by D.C Council

In a 12-1 vote, the D.C. City Council approved the first reading of an ordinance that will require the dining areas of city restaurants to be smoke-free. Mayor Anthony Williams is unsure whether he will sign the legislation. He has stated that he opposes a 100% smoking ban because it would hurt small local establishments. Loopholes include a business hardship clause and a two-phase implementation plan allowing bars and nightclubs to continue to allow smoking in non-eating areas through 2007. Click for more information or for a press release from the Campaign for Tobacco Free Kids.

Georgia:
 
Kennesaw, Georgia approves smoking ban in city parks

The city council of Kennesaw approved an ordinance that bans smoking, selling, or consumption of tobacco products in all city parks, with the exception of designated areas. The ban also applies to spit tobacco. The idea originated from complaints by parents that their children had to play ball around cigarette smoke. Click for more information.
 
Statewide smoking ban guidelines take effect in Georgia
Georgia’s statewide smoking ban took effect July 1st, but the implementation guidelines were not activated until November 17th, coinciding with the Great American Smokeout. The ordinance prohibits smoking in most public places, but includes an exemption for establishments that don’t serve or employ minors. The state Division of Public Health has launched a Web site to educate Georgians about the new law and encourage them to quit the habit. Click for more information.

Hawaii:
 
Most Hawaii voters support smoking ban

Based on a survey of 605 registered island voters conducted by the Coalition for a Tobacco Free Hawaii, 85 percent of respondents agree that Hawaii needs a statewide smoking ban in restaurants, bars, and offices. Click for more information.

Idaho:
 
Idaho lawmakers hope to expand smoking ban

Idaho lawmakers are hoping to expand the statewide smoking ban to include bowling alleys during the next legislative session. Click for more information.

Illinois:
 
Chicago passes smoke-free ordinance

The Chicago City Council passed a smoke-free ordinance 46-1, but the ordinance contains several loopholes, allowing for ventilation and delaying implementation for taverns and restaurant-bars until 2008. Click for more information or to view a press release from the Campaign for Tobacco-Free Kids.
 
Statewide law in Illinois allows for stricter local smoking bans
A new state law that will go into affect January 1, 2006 will allow Illinois towns to enact local ordinances that are stricter than the statewide restriction on smoking in public places. Several cities either have proposals ready to be voted on or are debating a ban. Those cities include Bloomington, Normal, Springfield, Urbana, Champaign, and Deerfield. Click for more information.
 
Unincorporated Cook County, Illinois proposing smoking ban
A North Side commissioner has proposed a smoking ban for nearly all of suburban Cook County’s bars and restaurants. His proposal would also prohibit smoking within 25 feet of all public spaces, including bars. The ordinance would encompass unincorporated Cook County, as well as any Cook County city, town, or village that did not already have its own ordinance. Click for more information.
 
Springfield, IL proposed smoking ban amended
The Springfield City Council has added several exemptions to a proposed indoor workplace smoking ban. Under the amended ordinance, bars, bar areas of restaurants, bar areas of bowling alleys, banquet rooms, private clubs, stage productions, non-health-care home businesses and tobacco retail stores would be exempt. Smoking would be banned only in the eating area of restaurants. The original version of the ordinance banned smoking in all indoor workplaces except hotel rooms, private nursing home rooms and non-health-care home businesses. Click for more information.

Indiana:
 
Smoking ban in Marshall County, Indiana defeated

A proposed public smoking ban in Marshall County has been defeated by a two-to-one vote by count commissioners. The ban would have included all enclosed workplaces in the county. Click for more information.

Kentucky:
 
Alexandria, KY requires sign posting at smoking establishments

If smoking is allowed in Alexandria restaurants, bars, and other establishments, they must post an 11-by-17 inch sign in the entryway and include health information about the dangers of secondhand smoke. A complete smoking ban in public buildings and workplaces was rejected by the city, for fear of hurting business. Click for more information.

Maryland:
 
Prince George’s County, MD passes smoke-free ordinance

The Prince George's County Council voted unanimously to ban smoking in bars and restaurants. This makes Prince George’s the third county in the state to pass such a ban. Click for more information.

Michigan:
 
Bill proposed to ban smoking in cars with children in Michigan

State Rep. John Moolenaar (R) of Michigan has proposed a bill to ban smoking inside vehicles when a minor is present. Click for more information.

Minnesota:
 
Hennepin County, Minnesota rolls back ordinance

The county commissioners in Hennepin County have voted to scale back a smoking ban that was enacted earlier this year, exempting traditional bars from the ban for 19 months. More stringent local ordinances in Minneapolis, Bloomington and Golden Valley will remain intact. Click for more information.
 
Hospitality industry in Twin Cities, Minnesota thriving after smoking ban
Nine months after a smoking ban took effect in restaurant and bars in the Twin Cities, the hospitality industry continues to thrive. According to a Pioneer Press study, fears that smoking regulations would lead customers to seek smoker-friendly bars and restaurants appear to be unfounded. During the nine month timeframe, there was no significant decline in food and liquor sales in any of the counties or cities where smoking is restricted. Click for more information.
 
Council member wants to extend St. Paul smoking ban to bars
Council Member Dave Thune has introduced an ordinance that would expand the current smoking ban in Ramsey County, which includes St. Paul, to bars. Under the current law, smoking is allowed in Ramsey County bars that make half their revenue from alcohol. If it passes, the ban would take effect within 30 days. Click for more information.

Mississippi:
 
Mississippi governor challenges funding for anti-tobacco programs

Mississippi governor Haley Barbour has asked a judge to allow him to challenge a five-year old court order that provides $20 million each year to anti-tobacco programs. The governor prefers that the money be sent to a private group called the Partnership for a Healthy Mississippi. Use of the money would then be appropriated by legislators and spent on Medicaid. The former state Attorney General Mike Moore claims that the governor is attempting to kill one of the most successful anti-smoking campaigns in the country. Click for more information.
 
Mississippi businesses voluntarily ban smoking
Over 300 businesses in Madison, MS have voluntarily adopted smoke-free policies. The voluntary initiative in Madison was adopted by 98% of the city's businesses and was led by two former members of the Mayor's Youth Council. Click for more information.

New Hampshire:
 
New Hampshire legislation aims to retrieve funding for tobacco prevention programs

Currently, New Hampshire spends nothing on tobacco prevention programs. A tobacco prevention group called Dover Youth 2 Youth hopes that a bill will be passed to take the revenue generated from the sale of cigarettes to underage youth and use it for anti-tobacco educational programs. Click for more information.
 
New Hampshire Senate president opposes eateries smoking ban
New Hampshire Senate president Ted Gatsas has stated that banning smoking in all restaurants would be an excessive use of state government power. Click for more information.

New Jersey:
 
New Jersey bill bars sale of cigarettes to teens under the age of 19

A bill has been introduced in the New Jersey state general assembly to bar the sale of cigarettes to anyone under the age of 19. The current limit is age 18. The bill is aimed at reducing smoking among high school students. Four other states already have such legislation. Click for more information.
 
New Jersey smoking ban moves past Senate
The New Jersey state Senate has voted for a bill banning smoking in all workplaces, including bars and restaurants. If the ordinance passes, it will ban smoking in all public spaces except casino floors. Click for more information.

New York:
 
Manhattan, New York voters to decide on workplace smoking ban

New York City commissioners have decided to place a referendum related to having a city wide smoking ban on the August 2006 primary ballot. The commissioners say that since it is a public health issue, the public should be allowed to decide. Click for more information.

Ohio:
 
Statewide ban in Ohio sought

SmokeFreeOhio has submitted approximately 165,000 petition signatures in order to get a statewide ban put on the November 2006 ballot. The ordinance would apply to any establishment with employees except stores with at least 80% of their sales from tobacco and no liquor license. Click for more information.
 
Ohio councilman seeks to ban smoking in cars when children present
Ohio Councilman Rick Schwachenwald has drafted an ordinance that would make it illegal for anyone to smoke in a car when a minor is present. Click for more information.

Oregon:
 
Restaurant chain in Northwest bans smoking

The Pacific Coast Restaurant Company, a restaurant chain that is popular in the Northwest, is banning smoking at its establishments, which include Stanford’s, Newport Bays, and other Portland, Oregon steakhouses. These restaurants are now completely smoke free, including the bars. Click for more information.

Pennsylvania:
 
Effort to ban smoking in Philadelphia unlikely

The Philadelphia city council has decided to stop the effort in banning smoking in Philadelphia bars and restaurants. A bill was proposed earlier in the spring to have smoke free workplaces by January 2006. The bill remains on the calendar in the event the council wants to take up the measure in the future. Click for more information.
 
Smoking banned at parks in Upper Southampton, PA
Park supervisors in Upper Southampton, PA voted unanimously to prohibit smoking in all township parks and open space facilities. Those breaking the law would be fined $600. Click for more information.

Tennessee:
 
Chattanooga, Tennessee proposes smoking ban

The city of Chattanooga is proposing a smoking ban, but may wait for a state law to be passed. Passage would require changing a state law prohibiting discrimination among agricultural products. Click for more information.

Virginia:
 
Virginia voters elect legislators supportive of tobacco prevention policies

Virginia voters elected 14 candidates for the House of Delegates who the Tobacco-Free Kids Action Fund endorsed because they support tobacco prevention policies that reduce smoking, save lives and save money by reducing smoking-caused health care costs. The election of these candidates indicates that even in the home state of Philip Morris, there is growing support for effective policies to reduce tobacco use and for political candidates who support these policies. Click to view the rest of the press release.

Washington:
 
Washington state goes smoke-free

Voters across Washington state approved Initiative 901 by a 26% margin, with 63% of voters voting in favor of smokefree indoor air. Initiative 901 makes all indoor workplaces and public places 100% smokefree effective December 8th, including restaurants, bars and casinos. Washington becomes the tenth state with strong smokefree protections, and joins New York, Massachusetts, Delaware, and Rhode Island in having smokefree air in all workplaces, restaurants, and bars. Click for more information, or go to the Department of Health’s secondhand smoke website. Click to view a press release from the American Lung Association regarding the victory.

Wisconsin:
 
Madison, Wisconsin hands out citations to smoking ban violators

Health officials in Madison have written about 30 citations from 9 different establishments since a ban on smoking took effect in July. About 300 establishments in the city were affected by the smoking ban. If the owner does not take action to stop smoking in his/her business, the case is referred to the city attorney. Click for more information.

Note: For information on hospital, government campus and college smoking bans, please see the section on Secondhand Smoke.

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