Legislative Watch

International

England Passes Smoke-free Workplace Law
After months of debate, England passed a smoke-free workplace law. The protection of worker health was the most important priority behind the policy. The bill covers all workplaces, restaurants, pubs, clubs, and indoor spaces. Labor unions were strong supporters of the bill. The bill now has to go to the House of Lords, where it is expected to also pass and will then become law in 2007. Click for more information.

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Resources

ALA releases State of Tobacco Control 2005 report
The American Lung Association State of Tobacco Control 2005 report grades federal and state tobacco control laws and regulations enacted as of December 31, 2005. The federal section of the report grades tobacco control laws regarding cigarette taxes, lack of regulation of tobacco products by the Food and Drug Administration (FDA), cessation and the international tobacco control treaty - the Framework Convention on Tobacco Control (FCTC). The state tobacco control law section focuses on tobacco prevention and control spending, smokefree air, cigarette taxes and youth access to tobacco products. Click to view the report.

TCLC releases law synoposis on internet cigarette retailers
The Tobacco Control Legal Consortium has released a law synopsis titled “Public Health Policy for Internet Cigarette Retailers.” The document provides an overview of the problems associated with Internet cigarette retailers, and the state and federal laws that can be used to address these problems.

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States

Arkansas:
 
Definition of ‘incidental’ questioned in Fayetteville ban

In trying to determine the difference between a restaurant and a bar, Fayetteville, AR officials struggled to define the word ‘incidental.’ A city ordinance passed in 2004 bans smoking in restaurants and other workplaces, but not bars. Click for more information.

Arizona:
 
Sedona, Arizona passes smoke-free workplace law

The Sedona City Council unanimously passed a smoke-free workplace ordinance. The ordinance is similar to a ballot initiative that is expected to be on the state’s ballot in November. The ordinance includes restaurants and bars. Click for more information.

California:
 
Smoke-free laws in California increase revenues for restaurants and bars

California was the first state to implement smoke-free restaurant and bar laws, in 1995 and 1998, respectively. A research team analyzed how these laws affected the distribution of revenues between bars and restaurants using tax revenue data from 1990 to 2002. The analyses suggested that the effect was positive – the 1995 smoke-free restaurant law was associated with an increase in restaurant revenues, while the 1998 smoke-free bar law was associated with an increase in bar revenues. Click for the entire article.

Colorado:
 
Proposed statewide smoking ban in Colorado amended to include casinos

The Colorado Clean Air Act, recently passed by the state House of Representatives, has been amended by the Senate Judiciary committee to include casinos. The ban passed by the House prohibited smoking in enclosed indoor areas, including places of employment, but exempted casinos, tobacco stores, and up to ¼ of a hotel’s rooms. The Senate committee was persuaded to amend the proposed ban by casino workers who pleaded for a smoke-free work environment. Click for more information.
 
Proposal to cut off state health care for smokers killed
A Senate panel has killed a proposal by Senator Ron Teck to cut off state health care to smokers, stating that the issue was too complex for such a simple solution. Click for additional information.

Connecticut:
 
Fairness of CT state smoking ban debated

Five justices on the Connecticut State Supreme Court are debating the validity of the state’s smoking ban enacted in 2003. Restaurants and bars are subject to the law and feel that they are losing business, whereas casinos and private clubs are exempt. Click here for additional information.

District of Columbia:
 
D.C. Council approves smoking ban

The D.C. Council approved a broad ban on smoking in bars, restaurants, and other public places. The ordinance is modeled after the ban in New York City, which applies immediately to all restaurant dining rooms, then would be extended to bars, nightclubs, taverns, and the bar areas of restaurants in January 2007. Mayor Williams pushed for the inclusion of a hardship waiver, and has refused to sign the legislation, stating that it would harm restaurants, bars, and other neighborhood establishments. The bill will become law after a Congressional review. Click for more information and for a statement from the Campaign for Tobacco-Free Kids.
 
United States Capitol exempt from D.C. smoking ban
Despite the recent passage of a smoking ban in the District of Columbia, smoking is still allowed in numerous indoor spaces in the Capitol and the new majority leader in the House regularly smokes between votes. Click for more information.

Georgia:
 
Georgia cigarette safety bill in senate committee

A senate bill in Georgia seeks to require that cigarettes meet fire safety standards to reduce the risk of fires. Known as the Georgia Cigarette Fire Safety and Firefighter Protection Act, the bill would not increase costs to consumers. Click for more information.

Idaho:
 
Smoking bans in Idaho bowling alleys debated

While two versions of a statewide smoking ban were considered, a bill supported by bowling alley owners won the debate. Anti-smoking advocates say the rooms give smokers an easy way to keep from quitting, that they don't keep carcinogens from the air throughout the building, and that they represent a step back in the two-year push to ban smoking in public places. Click for more information.

Illinois:
 
Statewide smoking ban proposed in Illinois

A bill to ban smoking in all public places in Illinois has been narrowly passed by the House. The ban would include public places, restaurants, bars, and bowling alleys. It would also prohibit smoking within 15 feet of the entrance to public places. The bill would allow restaurants and bars to establish a designated smoking area on their premises for up to two years after the effective date of the act, provided the smoking area is equipped with devices to reduce second-hand smoke. Click for more information.
 
Chicago, IL bars may be exposed by new ordinance as illegally licensed
Among the 3,000 eligible restaurant bars and taverns in Chicago, 28 percent declared themselves smoking establishments by a specified deadline to take advantage of an exemption under Chicago’s strict smoking ban. Click for more information. Some of the city’s bars are licensed illegally as restaurants with incidental liquor licensees, and the current smoking ban will expose those particular businesses. Click for more information on this aspect of the story.
 
Ban in Joliet, IL snuffed out
A proposal to ban smoking in Joliet did not receive the support needed to continue. Tavern owners and casino executives voiced opposition to the City Council, who sympathized with a potential loss of customers to neighboring communities. Click for more information.
 
Springfield joins Chicago as smoke-free
Springfield, Illinois will be going smoke-free in public places, including restaurants, bars, and bowling alleys. The city’s taverns and restaurants will have until September 17th to comply. Click for more information.
 
Normal, IL smoking ban to be considered by city council
The Normal City Council will vote on a nearly total smoking ban during its April 3rd council meeting. Members of the city council reported they have received enough input and other information on the issue to make a decision. The city would also rather proceed with a vote instead of waiting for Bloomington or the General Assembly to take action. Click for more information.

Indiana:
 
St. Joseph County, Indiana passes smoking ban for public places and businesses

Council members in St. Joseph County in Indiana voted to override the county commissioners’ veto of its ordinance. The ordinance will prohibit smoking in all restaurants, workplaces, retail stores, shopping malls, county-owned parks and recreational areas, sports arena, restrooms, and other common-use areas. Click for more information.
 
Three central IN cities, including Indianapolis, to go smoke-free in March
Indianapolis, in addition to the cities of Carmel and Greenfield, will soon be implementing smoke-free air ordinances. The law in Indianapolis bans smoking in government centers, health care facilities, laundromats, and licensed childcare and adult day care facilities. Click for more information.
 
Delaware County, Indiana passes smoking ban
County commissioners in Delaware County, which includes Muncie, have passed a ban on smoking in restaurants, bowling alleys and bingo halls. The law excludes private residences, bars and private clubs, and will take effect in 120 days. Click for additional information.
 
West Lafayette votes down ban
The West Lafayette City Council narrowly voted down a proposed ban of smoking in restaurants and bars. The swing voter later regretted her decision and tried unsuccessfully to get the council to reconsider the proposal. Click for more information.

Louisiana:
 
Alexandria City Council in Louisiana passes smoking ban

The Alexandria City Council voted unanimously to ban smoking in public places where “crowds gather,” including restaurants that don’t serve alcohol. Bars and restaurants holding a liquor license are exempt. Click for more information.

Maryland:
 
Smoking ban defeated in Maryland

The Maryland House Health and Government Operations Committee rejected a bill that would have banned smoking in bars and restaurants statewide due to concerns about the impact on businesses. This is the fourth time a proposal has been defeated. Click for more information.

Michigan:
 
Michigan’s Saginaw County revises smoking ban ordinance

The Saginaw County Board of Commissioners’ Human Services Committee amended pending smoking ban regulations by allowing businesses to build outdoor shelters for smokers. The bill would ban smoking nearly everywhere indoors, except bars, restaurants, tobacco shops and private residences that don’t double as a health or day care center. Click for more information.

Minnesota:
 
St. Paul enacts smokefree law

St. Paul, MN has enacted smokefree workplace legislation that will take effect on March 31st. The legislation is similar to Minneapolis’, which was enacted two years ago. The mayors of the twin cities are urging state officials to pass a statewide law to cut down on confusion and level the playing field. Click for more information.
 
St. Louis County, MN postpones consideration of smoking ban
Northern Minnesota’s St. Louis County, which contains the city of Duluth, has decided not to consider a proposed smoking ban until after the upcoming legislative session. The ban was supported unanimously by board members but several commissioners had reservations about adding to the "patchwork" of smoking bans in northern Minnesota. Click for more information.

Mississippi:
 
Smoking ban for all Mississippi public buildings proposed

A bill to ban smoking inside all publicly owned buildings in Mississippi passed in the state House. The ban would cover city halls, county courthouses, and state government buildings. Click for more information.

New Hampshire:
 
New Hampshire considers smoking ban for restaurants

Lawmakers in New Hampshire are considering a smoking ban for restaurants and bars. Hearings are now being held on the bill. For the first time in history, the state’s restaurant trade association is not fighting the ban. Click for more information.

New Jersey:
 
New Jersey becomes 11th smoke-free workplace state in the nation

Acting Governor Codey signed a statewide clean indoor air ordinance that will take effect in April of 2006. The bill consists of comprehensive smoke-free workplace legislation. Click for more information and for a press release from the Campaign for Tobacco-Free Kids.
 
New Jersey lawmaker wants to extend new smoking ban to casinos
An assemblyman has introduced legislation that adds casino gaming floors to the Smoke-Free Air Act, which bans smoking inside public. Click for more information.

North Dakota:
 
North Dakota’s anti-smoking law violated by few businesses

North Dakota’s attorney general and court officials say they do not know who has been fined for violating the state’s anti-smoking law. The law applies to most public areas and workplaces. Anyone violating the law can be fined up to $500. No state agency enforces the law, with penalties determined by city and county prosecutors. Click for more information.

Ohio:
 
Prosed ban on smoking in cars fails in Ohio city

A proposed law to ban smoking in cars when children are passengers has failed in Parma Heights, Ohio. The council member who introduced the measure said he would abandon his effort, but continues to feel the legislation is important. Click for more information.

Oklahoma:
 
Oklahoma prepares to enforce restaurant smoking ban

The deadline is nearing for restaurants in Oklahoma to obey the state’s new smoking ban. Violators will be charged with a misdemeanor, with fines ranging from $10 to $100 plus court costs. Click for more information.

Oregon:
 
Oregon bans tobacco at public schools

The state of Oregon has banned tobacco use on the property of all public schools at any time, including sporting events. The American Lung Association of Oregon, the Department of Human Services Tobacco Prevention and Education Program, and the Oregon School Boards Association partnered on this effort. Click for more information.

Puerto Rico:
 
Puerto Rico Senate Passes Smokefree Workplace Law

The Puerto Rican Senate passed a smoking ban law that would eliminate smoking in bars, casinos, and other workplaces. The ban would also include private cars when children are aboard. Gov. Anibal Acevedo Vila is expected to sign the legislation into law soon, making it the toughest legislation in the Caribbean. Click for more information.

Rhode Island:
 
Revenues higher in Smokefree Rhode Island

One year later, data shows an 8.2% increase in sales tax from meals and beverages since Rhode Island’s smokefree law took effect. Click for more information.

South Carolina:
 
South Carolina House subcommittees considers smoking ban in restaurants

A bill is now pending in the state House that would ban smoking in all bars and restaurants in the state. If it passes, South Carolina will join 12 other states and the District of Columbia that have already banned smoking in restaurants. Click for more information.

South Dakota:
 
State smoking ban bill in South Dakota

A bill that would have given local governments some control over smoking in their communities was defeated in a South Dakota Senate committee. Click for more information.

Tennessee:
 
Nashville may ban smoking in restaurants

Two bills to ban smoking in restaurants in Nashville are currently being debated in the Tennessee state legislature. Click for more information.

Texas:
 
Powerful Texas state legislator threatens anti-smoking funding

If the Texas legislature does not dedicate millions of dollars to an unproven anti-smoking product promoted by a legislator’s longtime friend and campaign contributor, he threatens to shift more than $5 million in annual tobacco prevention funds from the Texas Department of State Health Services to the Texas Education Agency. The product is called "A Short Story of Life," a cardboard cost-of-smoking calculator shaped like a pack of cigarettes. When users move a sliding panel up or down, the device reveals how much is lost in years lived and dollars spent, depending on the number of cigarettes smoked. Click for more information.

Smoking ban voted down in Galveston
The Galveston City Council rejected a proposed ban on smoking in restaurants, bars, and other public places. Click for more information.

Utah:
 
Utah Senate bill proposes to ban smoking in bars and private clubs

A Utah Senate bill would ban smoking in bars and private taverns, fraternal meeting places, country clubs, and rental facilities. The bill now awaits passage in the state House. Click for more information.

Virginia:
 
Proposed statewide smoking ban in Virginia voted down

A House of Delegates subcommittee has unanimously killed a bill to ban smoking in Virginia restaurants and most other indoor public spaces. Opponents felt that it excessively regulated private businesses. Click for more information.

Washington:
 
Correction from November/December 2005 issue

We apologize for an error in the November/December 2005 issue of the Tobacco Free Press stating that Washington’s Initiative 901 bans smoking in restaurants, bars, and casinos. The ordinance bans smoking in non-tribal casinos only. We apologize for any confusion this omission may have caused.
 
Amendment to Initiative 901 sought for Native American practices
Lawmakers in Washington are seeking to amend the state smoking ban, which bans smoking in public buildings and workplaces, as well as within 25 feet of doorways, stating that it restricts Native American religious practices. Click for more information.
 
Washington state legislators work to pass anti-smoking discrimination bill
Legislators in Washington state hope to make it illegal for employers to refuse to hire smokers. Click for more information (free registration required).

Wisconsin:
 
Proposed smoking ban in Milwaukee modified

Proponents of smoke-free legislation in Milwaukee have scaled back their proposed ordinance to allow a phase-in period for bars in order to have a better chance at winning approval. The changes would also create a permanent exemption for public buildings that install purification systems that can make the indoor air the same quality as exposure to secondhand smoking outside. Click for additional information.
 
Madison sees increase in number of bar licenses
Instead of decreasing business, since the implementation of a smokefree air law in Madison there has been an increase in the number of bar licenses issued. Click for more information.

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

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