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Legislative
Watch
States
Hospital smoking bans being enacted across the country
A state law went into effect on October 1st banning smoking
at all hospitals and hospital grounds in Arkansas. Prior to
enactment of the legislation, many hospitals in the state
banned smoking voluntarily, but many had not implemented complete
bans due to more lenient policies at neighboring institutions.
Click for more
information on the Arkansas legislation.
Beginning November 17th, both Deaconess and St. Vincent Healthcare
in Montana will not allow smoking anywhere on their campuses,
extending a ban that exists on smoking inside the hospitals.
Click for more
information.
Northwest Hospital and Medical Center in Seattle, Washington
will be going 100% smoke-free in 2006. Only one other hospital
in the city, Virginia Mason Medical Center, is currently smoke-free.
Click for more
information.
Officials at many of Iowa's 116 hospitals may pass stronger
smoking bans since the Iowa Hospital Association endorsed
smoke-free hospital campuses in June. Six hospitals in Des
Moines plan to ban smoking campuswide, beginning on July 1,
2006. Click for more
information.
Arizona:
Arizona health care industry work toward smoking ban
The Arizona Medical Association, Arizona Dental Association,
Maricopa County Medical Society, Phoenix Children's Hospital
and the Arizona Hospital and Healthcare Association have been
working together on ballot language and a list of supporters
for a statewide smoking ban. The groups promote the ban to
reduce the smoking rate in the state and lower the incidence
of smoking-related diseases. Click for more
information.
California:
California becomes third state to enact fire-safe
cigarette legislation
The California legislature overwhelmingly passed fire-safe
cigarette legislation, and the bill was recently signed by
Governor Schwarzenegger. The law requires all cigarettes sold
in California to adhere to the same stringent fire safety
standard adopted in New York, Vermont and Canada. Cigarettes
are the leading cause of fire deaths in the United States,
resulting in more than 1,000 deaths, 3,000 critical injuries,
and $400 million in direct property damage each year. Fire-safe
cigarettes are manufactured to allow for slow burning of the
cigarette when not being used by the smoker. Ridges in the
paper make them less likely to continue burning, lowering
the risk of discarded cigarettes accidentally igniting bedding
or upholstery. Click for more
information. Click to view a response
from the Campaign for Tobacco-Free Kids.
California’s Anaheim City Council considers
regulation of hookah bars
The Anaheim City Council will be meeting to discuss passing
an ordinance to regulate hookah cafes, where hookah pipes
are used to increase the effects of smoking tobacco. The ordinance
is in response to a high volume of police calls from the establishments.
The law would require the businesses to have ventilation and
would prohibit any liquor or entertainment. Click for more
information.
Colorado:
Colorado Clean Indoor Air Act to be introduced to
state Senate
Colorado Senator Dan Grossman plans to introduce a smoking
ban bill in the Senate that would prohibit smoking in any
business with four or more employees, including restaurants,
bars and casinos. The bill is an attempt to address the disparity
between bans in neighboring communities, and so has the support
of the Colorado Restaurant Association. Click for more
information.
District of Columbia:
George Washington University smoking ban takes effect
Smoking of any kind is now banned in residence halls at George
Washington University. Former Residence Hall Association Vice
President Jon Ostorwer and University officials support the
restriction primarily as a safety issue. Open-flamed objects
including cigarettes and cigars are now banned from GW dorm
rooms. Click for more
information.
D.C. Health Committee approves smoking ban
Legislation that would ban smoking in all District bars and
restaurants by January 2007 has been approved by the D.C.
Council's Health Committee. The full council will vote on
the measure as early as December. Smoke-free air legislation
has been stalled in the council's Public Works and Environment
Committee for the past two years. The proposed bill would
make exemptions for outdoor areas, cigar bars, hotel rooms,
retail tobacco outlets and facilities that research the effects
of smoking and would provide for an economic-hardship waiver
for businesses that can demonstrate a "significant, negative
impact.'' Click for more
information.
Florida:
Florida amendment to require anti-smoking spending
moving forward
Floridians for Youth Tobacco Education are collecting signatures
to put an amendment on the 2006 ballot that would require
that 15% of tobacco settlement payments to the state go to
pay for a statewide tobacco education and prevention program.
The organization has gathered more than 250,000 of the 600,000
signatures required. Click for more
information.
Georgia:
Georgia’s counties roll back smoking bans
Gwinnett County commissioners have rewritten the county smoking
ordinance to mirror the less stringent statewide prohibition
that took effect July 1st . As of November 1st, bars will
be allowed to serve smokers as long as owners do not allow
anyone under 18 on the premises. Bar owners may also construct
an enclosed smoking room with a separate ventilation system
to circumvent the ban. Rockdale County’s ordinance has
been subject to a similar rollback, and Valdosta is considering
a rewrite as well. Click for more
information. (Registration required.)
Illinois:
Chicago City Council's Health Committee unanimously
approves smoking ban
The Chicago City Council's Health Committee has unanimously
passed a smoking ban, which will now go to the full Council
for a vote. The ordinance would ban smoking in almost all
public places, including bars and restaurants. The Council
is still facing opposition from the Illinois Restaurant Association,
which had initially been fighting for a "smoking license"
to provide Chicago restaurants, bars and bowling alleys the
opportunity to pay for the privilege to be exempt, and more
recently began focusing on the distinction between bars and
restaurants instead. Click for more
information.
Most Springfield, IL voters support smoking ban
According to a poll commissioned by the American Heart Association
and the American Lung Association of Illinois and Iowa, 65%
of voters polled supported a prohibition on smoking "in
all indoor workplaces, restaurants, bars, public buildings
and other public places in Springfield." Click for more
information.
Illinois legislator seeks ban on smoking in college
residence halls
Representative John Fritchey intends to introduce legislation
to ban smoking in residence halls of public and private universities
in Illinois. The legislator is concerned about the harmful
effects of secondhand smoke and the fire hazard associated
with cigarettes. Click for more
information.
Indiana:
Indiana’s Monroe County toughens smoking ban
Monroe County, Indiana has strengthened its smoking ban to
include all workplaces beginning February 1st. The strengthened
ordinance now matches Bloomington’s more stringent city
ordinance. Click for more
information.
Kentucky:
Georgetown smoking ban goes into effect
A ban on smoking went into effect in Georgetown, Kentucky
on October 1st with little public opposition. The ordinance
prohibits smoking in all enclosed public areas, including
retail stores, business offices and restaurants. However,
less than a week after the implementation date, the City Council
voted to make changes to the ban to allow smoking in certain
break rooms and at bingo halls. Click for more
information.
Louisville, KY prepares for smokefree air law implementation
In preparation for the implementation of its new smokefree
air ordinance on November 15th, the Louisville Metro Government
has developed a toolkit containing reference guides explaining
how the law will be enforced, answers to frequently-asked
questions about the law, no-smoking signs and table tents
that can be downloaded and printed for use in businesses,
text of the ordinance, sample smoke-free workplace policies
and exemption forms. Click to access the toolkit.
Click for more
information on the impending implementation.
Maryland:
Restaurants not harmed by smoking ban in Maryland
Smokefree Maryland commissioned a report which compared sales
tax revenues in counties in Maryland which passed a ban two
years ago with those which did not. The researchers, William
Evans of the University of Maryland and Andrew Hyland of the
Roswell Park Cancer Institute, found that the smoking ban
is not hurting sales tax revenues or affecting restaurant
employment. Click for more information on the study.
Howard County in Maryland is now also considering banning
smoking from restaurants and bars. Click for more information
on the debate.
Massachusetts:
Massachusetts lawmakers review smoking ban
The 14 month-old statewide workplace smoking ban in Massachusetts
is being reviewed by lawmakers in hopes of extending the ban
to parks and beaches. Opponents of the ban would like to see
bars exempted from the law. House chairman of the Public Health
committee of the state legislature believes there is not momentum
for change in either direction, either to strengthen or weaken
the ban. Click for more
information.
Massachusetts Public Safety Committee unanimously
passes fire-safe cigarette bill
Massachusetts’ Joint Committee on Public Safety and
Homeland Security unanimously passed the “fire-safe
cigarettes” bill from committee, taking Massachusetts
one step closer to being the fourth state to enact fire safety
standards for cigarettes, following New York in 2000, Vermont
in May 2005, and California in October 2005. Click for more
information on the proposed
legislation.
Minnesota:
R.J. Reynolds funds Duluth Hospitality League to oppose
statewide smoking ban
The Twin Ports Youth and Tobacco Free Coalition has revealed
that North Carolina-based cigarette maker R.J. Reynolds Tobacco
Co. paid $2,500 to the Duluth Hospitality League to oppose
the statewide smoking ban in Minnesota. The company spent
a total of $39,676 between March 1st and May 31st, according
to a report the company filed with the state on June 30th.
Click for more
information.
Montana:
Montana statewide smoking ban takes effect
The Montana statewide smoking ban took effect on October 1st,
prohibiting smoking in all buildings open to the public except
bars, which will be phased in in 2009. The law exempts establishments
that prohibit employees and patrons younger than the age of
18. Callers, mostly business owners, swamped a toll-free phone
line set up by the Montana Department of Public Health and
Human Services to take calls about the smoking ban. In addition
to the phone line, the department plans to send information
packets to owners of bars, casinos and other businesses and
is currently establishing rules designed to define and explain
the law's details. Click here
for more information. There's also additional information
available by clicking here.
Blackfeet Nation in Montana has its own smoking ban
Montana’s new statewide smoking ban does not apply on
American Indian reservations, but the Blackfeet Reservation
in northcentral Montana has voluntarily passed its own, more
restrictive ban. According to Lori New Breast, tobacco-use
prevention director for the Blackfeet, other Montana tribes
are discussing passing similar bans, but only the Blackfeet
Tribe has put a ban into tribal law so far. Click for more
information.
New Jersey:
New Jersey could become smokefree
A number of legislators, Gubernatorial candidates, and a senator
in New Jersey have discussed the possibility of New Jersey
becoming a smokefree state at a recent community conference.
The conference was hosted by the South West Council and the
Cumberland County Communities Against Tobacco. Both sides
of the issue were discussed, including a decision to exempt
casinos. Click for more
information. (Registration required.)
Garden Staters support smoking ban
Sixty-five percent of New Jerseyans support a smoking ban
in restaurants, while only 46% oppose a ban in bars. In addition,
50% support a ban in casinos. Click for more
information.
New York:
Less cigarette fire deaths in New York one year after
self-extinguishing cigarette law passes
In 2004, New York passed a state bill requiring all cigarettes
to self-extinguish. Since that time, 28 New Yorkers perished
in blazes linked to smoldering cigarettes - down from 44 such
deaths in 2001, 38 in 2002 and more than 30 in 2003. The director
of the Center for a Tobacco Free New York strongly suggests
that cigarette companies should make the slow-burn cigarettes
available to all Americans. Click for more
information.
North Dakota:
North Dakota Attorney General rules that restaurant
can’t become bar to allow smoking
Attorney General Wayne Stenehjem has issued an opinion that
a restaurant by day cannot become a bar at night in order
to be exempt from North Dakota’s statewide ban on indoor
smoking. The law bans smoking in restaurants, but allows it
in bars, including a bar that is part of a restaurant, bowling
alley or motel. Click for more
information.
Ohio:
Ohio moving forward in effort for statewide ban
Organizations in Ohio are trying to get a statewide ban by
gathering thousands of signatures to put the issue on the
ballot in November 2006. The petitions will be filed on November
17th, coinciding with the Great American Smokeout. If the
ban were approved, Ohio would become the first state in the
Midwest to ban smoking in all indoor places. Click for more
information.
Oklahoma:
Oklahoma receives tobacco settlement money
Oklahoma’s state treasurer has confirmed that the state
has received over $741,000 from a settlement with the tobacco
industry. Seventy percent of the payment went directly into
the Tobacco Settlement Endowment Trust Fund (TSET), which
now has a balance of more than $242 million. TSET was created
by a voter-approved amendment to the Oklahoma Constitution
in 2000, specifying that only the earnings from the trust
fund may be spent on programs to improve the health and well
being of Oklahomans, particularly children and senior adults.
Click for more
information.
Oregon:
One of nation’s oldest rodeos bans free chewing
tobacco
Oregon’s Pendleton Round-Up, one of the nation’s
oldest rodeos, has banned tobacco companies from giving out
free samples of snuff. Rates of chew tobacco use are far higher
in Oregon’s rural counties than in its metro areas.
Click for more
information. (Registration required.)
Portland public transportation stations go smoke-free
Portland, Oregon bus shelters and most MAX stations went smoke-free
beginning September 26th, with enforcement beginning January
1st. Violators face a $94 fine or may be barred from riding.
Click for more
information. (Registration required.)
Pennsylvania:
Pennsylvania smoking ban faces opposition
Tobacco use prevention groups, including SmokeFree Pennsylvania
and the Campaign for Tobacco-Free Kids, informed Pennsylvania
state legislators that if a smoking ban is enacted, loopholes,
such as providing separate ventilation systems, would need
to be eliminated. The bill is currently in the House Health
and Human Services committee. Members from the Pennsylvania
Restaurant Association also say they oppose the new statewide
ban because it doesn’t apply to every industry in the
state, such as protecting workers with home cleaning services.
Click for more
information.
Pennsylvania county prison to go smoke-free
Chester County prison in Pennsylvania has signed an almost
$2.5 million health care contract that indicates that the
provider, PrimeCare Medical, will assist in making the institution
smoke-free. The smoking ban will be phased in. Click for more
information.
Death of Philadelphia Councilman could affect proposed
smoking ban
Philadelphia Councilman David Cohen, a strong proponent of
the city’s proposed smoking ban, passed away in early
October. Councilman Michael Nutter, the bill’s sponsor,
has been struggling to garner another vote in favor of the
ban to replace Cohen’s. Councilman Nutter hopes to see
the bill pass before the end of the year. Click for more
information.
Texas:
Smoking ban passes easily in Corpus Christi
A smoking ban has been approved by 70% of voters in the city
of Corpus Christi, TX. Bars, including bars in restaurants,
are exempt. The new ordinance went into effect on September
20th. Click for more
information.
Smoking banned in Houston restaurants
A smoking ban has gone in to effect in Houston, prohibiting
smoking in dining areas of restaurants, covered bus stops,
and taxis not designated as smoking; but not in restaurant
bars, free-standing bars, outdoor dining areas, or designated
smoking sections at public buildings. The ban was considered
to be a compromise between restaurant and bar owners and anti-smoking
advocates. Americans for Nonsmokers' Rights has stated that
the legislation is the weakest ordinance enacted by a major
city or state in years. Click for more
information.
Austin smoking ban upheld
On September 1st, changes went into effect strengthening Austin’s
smokefree air law to include bars, nightclubs, bowling alleys
and previously exempted restaurants. Ten bar owner challenged
the ban in federal court, claiming the new law had driven
away customers. A U.S. District Judge has upheld the ban,
while limiting fines to $500 instead of $2,000 and requiring
judicial review to revoke a license. Click for more
information.
Vermont:
Vermont strengthens law to become smoke-free state
Vermont has become the eighth state to be designated a smokefree
state. On September 1st, changes to the existing law went
into effect, prohibiting smoking in all bars and private clubs
in the state. The other smokefree states include California,
Connecticut, Delaware, Maine, Massachusetts, New York, and
Rhode Island, which all prohibit smoking in most workplaces,
including restaurants and bars. Click for more information
on Vermont’s
new strengthened legislation or for more information on
state
laws prohibiting smoking.
Washington:
Initiative 901 in Washington would ban smoking from
building entrances
Citizens in Washington State will soon vote on Initiative
901, which would ban smoking in bars, taverns, restaurants,
and non-tribal casinos, as well as within 25 feet of building
entrances, exits, windows, and ventilation intakes. The law
is expected to pass due to popular support and weak opposition.
Click for more
information.
Washington residents support bar and restaurant smoking
bans
A survey in King and Pierce counties in Washington state demonstrates
that customers support bar and restaurant smoking bans. Ninety
percent of those surveyed consider second hand smoke harmful,
60% have avoided bars over the past 12 months because of smoking,
and 77% support a ban on smoking. Click for more
information.
West Virginia:
Ban goes into effect in Mercer County, WV
The Mercer County Clean Indoor Air Act went into effect October
1st, after years of debate. Click for more
information.
Wisconsin:
Smoking bans upheld in Madison and Appleton
On July 1st, Madison’s smoke-free air ordinance changed
to include stand-alone bars. This change was upheld on September
21st, when the city council voted 10-9 to keep its smokefree
air ordinance as is. Click for more
information. Also in Wisconsin, a judge upheld a smoking
ban in workplaces in Appleton after a challenge to the ordinance
by 35 local tavern owners. Click for more information on this
decision.
State senators have temporarily put aside a bill that would
pre-empt local smoking bans to allow people to light up in
bars and certain restaurants. This bill would override the
stricter bans in Madison and Appleton. Click for more
information.
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