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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