Legislative Watch

Research

Support for tobacco control policies based on demographic factors
An article in the June 2006 issue of Addictive Behaviors examines if there is differential support for policy intervention among demographic subgroups within the U.S.  The study used the Smoking Policy Inventory (SPI), a 35-item measuring attitudes towards tobacco control policies.  The five dimensions of the SPI are advertising and promotion, public education, laws and penalties, taxes and fees, and restrictions on smoking.  Results indicated that women, Blacks, and older individuals were more supportive of policies.  View the abstract for more information.

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Resources

July/August 2006 Legal Update published
The latest issue of the Legal Update, the newsletter of the Tobacco Control Legal Consortium, is now available.  Featured this month is information about the group's new free database of information about law journal articles on tobacco-related issues, as well as information about recent legal decisions in the important Engle and American Legacy Foundation cases.

Texas Smokefree Ordinance Database created
The University of Houston has created a database to categorize and track the progress of smoking policies in Texas cities.  The database is funded by the Texas Department of State Health Services and can be accessed at http://txshsord.coe.uh.edu/.  Click here to learn more.

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International

Roswell Park researchers evaluate world-wide effort to implement tobacco control policies
According to a report by researchers from the Roswell Park Cancer Institute, scientific evidence can be used to direct and support tobacco control policies around the world.  A summary of key findings from the international studies include:

  • Larger and more graphic cigarette pack warnings are more effective than those now found on packs of cigarettes sold in the United States
  • Smokers in Ireland have accepted and adjusted to the country's new smoke-free policy
  • Smoke-free home policies are more common in jurisdictions where smoking is prohibited by law in public places
  • Smoke-free policies help smokers who attempt to quit remain smoke-free
  • The United Kingdom's recently enacted comprehensive tobacco advertising ban was effective in reducing smokers exposure to pro-smoking marketing and messages
  • The use of low and untaxed source of cigarettes is associated with a lower likelihood of quitting smoking

Click here to learn more about the project.  The report can be found in a special issue of Tobacco Control.  The Journal includes a collection of 12 research articles and can be accessed online by clicking here.

Chile passes comprehensive smoking ordinance
Chile has passed a stringent ordinance banning smoking in public places, to include schools, hospitals, government offices, stadiums, and buses.  Click here for more information.

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National

U.S. House Judiciary Committee passes bill that protects cigarette smugglers
The U.S. House Judiciary Committee has approved special interest legislation that would shield U.S. tobacco companies from legal accountability if they aid and abet cigarette smuggling, which often is used to fund criminal and terrorist enterprises around the world.  The legislation, H.R. 5535, would prohibit foreign governments from suing an American company in U.S. courts under the civil provisions of the Racketeer-Influenced and Corrupt Organizations (RICO) law.  Click here to view the rest of the press release from the Campaign for Tobacco-Free Kids.

Sen. Kohl introduces bill to combat illegal internet cigarette sales
Senator Kohl (D-WI) has introduced the "Prevent All Cigarette Trafficking Act" (PACT), which is similar to a measure introduced previously by Senator Hatch.  The legislation would strengthen the reporting requirements for interstate cigarette sellers and would increase criminal penalties for violations of reporting and state tobacco tax laws. In addition, the measure would give federal and state law enforcement officials more power to investigate and prosecute violators and would prohibit the U.S. Postal Service from delivering tobacco products.  Click here to learn more.

Sen. Collins introduces legislation to stop tobacco shipments by mail
Senator Collins has introduced a bill to ban the shipment of cigarettes and other tobacco products via the U.S. Postal Service.  A first violation would be subject to a civil penalty of up to $5,000 or 10 times the estimated retail value of the tobacco products, including all federal, state, and local taxes, whichever is highest. Civil penalties of up to $100,000 would be imposed for each subsequent violation.  Click here for more information.

Coalition of churches urges House Speaker for FDA regulation of tobacco
Faith United Against Tobacco has united churches from across the nation in support of HR 1376, a bill that would give the Food and Drug Administration authority to regulate how tobacco products are manufactured and marketed.  The group is attempting to arrange a meeting with House Speaker Dennis Hastert, who has questioned the ability of the FDA to regulate tobacco products.  Click here for more information.

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States

Arizona
Proposed smoke-free ordinance to go on ballot in Arizona
Smoke-Free Arizona has collected enough signatures to place a measure on the November ballot to prohibit smoking in almost all indoor public places in the state.  Click here to learn more.

Alternative to Smoking Ban Makes Fall Ballot
The Arizona Non-Smoker Protection Act has qualified for the fall ballot, officially setting up dueling proposals on how to curb indoor workplace smoking statewide. The act, also known as Proposition 206, will go before voters at the Nov. 7 election along with Proposition 201, the Smoke-Free Arizona Act. Click here for additional information.

Arkansas
Arkansas governor signs rules to enforce new smoking ordinance
Arkansas Governor Mike Huckabee has signed rules that detail the procedures for enforcing the state's new workplace smoking ordinance.  Click here for additional information.

Arkansas lawmakers considering prohibiting smoking among pregnant women
Lawmakers in Arkansas are considering making smoking while pregnant a crime.  Abortion-rights groups are concerned that such a measure would help set the stage for a fetus to be considered a person in the eyes of the law.  Click here to learn more.

Colorado
Colorado clean indoor air act takes effect
Colorado's new clean indoor air act took effect on July 1st.  The legislation prohibits smoking in most bars, restaurants and businesses, as well as within 15 feet of a building entrances.  A 60-day grace period was instituted so that businesses could become educated regarding the legislation.  Click here for more information.

Loophole in Colorado smoking ordinance casts doubt on casino exemption
Colorado lawmakers thought that casinos were exempted from the state's new smoking ordinance, but have come to find out that the legislation includes a loophole that allows any gaming employee to demand a smoke-free workplace.  Click here to learn more and here to access the Smoke Free Colorado website.

District of Columbia
A group representing restaurants and bars in D.C. is attempting to block proposed regulations that would require bar owners to prove catastrophic losses over consecutive months to obtain an exemption from the ordinance.   Click here for more information.

Guam
Lawmakers in Guam await stance of hotel and restaurant association regarding newly passed ordinance
Guam recently enacted the Natasha Protection Act, which was intended to create smoke-free areas, including restaurants and hotel rooms.  However, lawmakers' decided to require that special ventilation systems, which currently do not exist on the island, be installed, essentially banning smoking in all enclosed public areas. The Guam Hotel Restaurant Association has been invited to meet with lawmakers regarding potential changes to the law.  Click here to learn more.

Hawaii
Hawaii governor signs smokefree workplace law
Hawaii Governor Linda Lingle has signed a comprehensive smokefree workplace ordinance that will take effect on November 16th. All enclosed and partially enclosed workplaces will become smoke-free, including bars, nightclubs, airports and shopping malls. Click here to view a press release, and here to view a statement from the American Legacy Foundation.

Illinois
Illinois governor signs bill to allow local communities to enact smokefree ordinances
Illinois Governor Rod Blagojevich has signed legislation that gives Illinois counties and municipalities the ability to ban smoking in public places. Senate Bill 2400 amends
the Illinois Clean Indoor Air Act to allow non-home rule municipalities and counties to prohibit smoking. Click here for more information.

Kentucky
Newly implemented ordinance in Frankfort, KY being challenged
Frankfort is the most recent city in Kentucky to become enact smoke-free legislation. However, two days after the law went into effect, a judge issued a temporary restraining order prohibiting enforcement due to opposition from bar and convenience store owners.  The businesses claim that they would lose all or most of their business as a result of the ordinance.  Click here for more information.

Louisiana
Louisiana governor signs smoking ordinance
Louisiana Governor Kathleen Blanco has signed a statewide ordinance prohibiting smoking in restaurants and other public places, including bars attached to restaurants.  The law will take effect on January 1st.  Click here to learn more about the legislation.

Massachusetts
Massachusetts enacts fire-safe cigarette law
Massachusetts is now the 6th state to enact legislation requiring that all cigarettes in the state be fire-safe.  The legislation will take effect in January 2008.  Click here to learn more.

Mississippi
Mississippi House Democrats drafting bill to keep tobacco prevention program alive
House Democrats are drafting a bill to put the Partnership for a Healthy Mississippi under government oversight and to allow the governor to appoint board members.  The bill will not be considered until the 2007 session begins in January unless Gov. Haley Barbour holds a special session and includes the proposal.  Click here for additional information on the effort.

Nebraska
Motion to reconsider Omaha smoking ordinance dies
A motion by Omaha City Councilman Frank Brown to reconsider a partial smoking ban passed last week has been rejected.  The ordinance will be implemented in October and will prohibit smoking in all businesses except tobacco-only retailers. Click here to learn more.

New York
NYACS Shook-Up after Tobacco Taxation Veto

Supporters -- including the New York Association of Convenience Stores (NYACS) -- were disappointed in Governor George Pataki's veto of a bill that prohibited manufacturers from providing tobacco to distributors that are known for providing unstamped cigarettes to Native American tribes. Click here for additional information.

Ohio
Smoke Free Ohio and Smoke Less Ohio competing for voters
Voters in Ohio may be confused when they view the ballot on election day.  Smoke Free Ohio is the effort backed by the American Cancer Society to pass an ordinance prohibiting smoking in all public places.  Smoke Less Ohio is backed by R.J. Reynolds and would allow exemptions for bars, restaurants, and other businesses.  According to a recent survey, over half of Ohio's residents would support a statewide ordinance banning smoking in public places.  Smoke Free Ohio has filed a complaint against Smoke Less Ohio for attempting to confuse voters when collecting signatures on its petitions.  Click here for more information on the competing measures, and here to learn about the complaint filed by Smoke Free Ohio.

Oregon
Renewed efforts to pass smoking ordinance in Oregon
Advocates in Oregon plan to try again to pass a ban on smoking in bars and taverns.  Previous efforts have failed due to opposition from the tobacco industry and state restaurant association.  Click here to learn more.

South Carolina
Proposal to ban smoking on Hilton Head, SC
Hilton Head may become the second municipality in South Carolina to prohibit smoking in all indoor workplaces and restaurants (Sullivan's Island being the first).  The measure appears to be gaining support from restaurant and business owners due to the efforts of Councilmember John Safay, the legislation's main proponent.  Click here for additional information.

Washington
Federal court nixes state ban on free smokes

A federal judge struck down Washington state's ban on cigarette giveaways, agreeing with tobacco heavyweight R.J. Reynolds that the measure is trumped by federal law. Click here to learn more.

Wisconsin
Appleton, WI bar owners collecting signatures to gain exemptions to ordinance
The Appleton Coalition for Business Owners Rights have gathered signatures in order to force a referendum exempting some bars from the city's smoking ordinance.  Click here for more information.
 

Wyoming
Effort to overturn Cheyenne, WY ordinance failed
An attempt to overturn a new smoking ordinance in Cheyenne failed when opponents failed to gather enough signatures.  The legislation took effect as planned on August 15th.  Click here to learn more.

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