Legislative Watch

International

Scotland and Uruguay go smoke-free
Scotland has become the first part of the United Kingdom to go smoke-free. Click here for more information. Uruguay has also gone smoke-free with a law banning tobacco smoke in the workplace, shopping malls and many other enclosed public spaces. Click here for more information on the law in Uruguay.

Ontario bans all tobacco promotional decor
Under the Smoke-Free Ontario Act, convenience stores and other businesses will have to remove outdoor signs advertising cigarette prices. Smoking will also be outlawed in many public places across the province. By 2008, retailers will also be banned from displaying cigarettes behind the counter in so-called "power wall" displays. Instead, they will have to store tobacco products in an area that can't be seen. Click here for more information.

Canadian Health Minister calls for total tobacco ban
Health Promotion Minister Jim Watson wants to make cigarettes illegal. "If I had my druthers I would not want to see tobacco anywhere in Canada," the Ottawa-West Nepean MPP said yesterday while attending the launch of new anti-smoking television and radio ads. Click here for more information.

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Resources

Fundamentals of Smoke-free Workplace Laws guide
A document produced by the Americans for Non-Smokers Rights and national partners contains recommended guiding principles for developing, enacting, and implementing effective smoke-free laws. The guidelines are based on experiences and lessons learned from tobacco control advocates throughout the country over three decades. Click here to view the report.

State Legislated Actions on Tobacco Issues available
The American Lung Association released its 2005 edition of State Legislated Actions on Tobacco Issues (SLATI), their annual compendium of state tobacco control laws. The report covers key state tobacco control laws as they stood on January 1, 2006. A PDF copy of the full report is available on the SLATI website.

ANR Foundation releases quarterly update of smoke-free municipalities lists and maps
The ANR Foundation is pleased to announce the April 2006 quarterly update to the lists and maps of U.S. municipalities and states with 100% smokefree laws now in effect. Many new cities and counties are now represented. Altogether, as a result of both local and statewide smokefree laws, 6,595 municipalities now have 100% smokefree private workplaces/government buildings, and/or restaurants, and/or bars, protecting 43.3% of the U.S. population - a huge jump from the 39.6% reported in the last quarterly update. Click here to view the updated lists and maps. If you know of a municipality that has enacted a smokefree ordinance that does not appear on the list, please contact Pete Hanauer at pete.hanauer@no-smoke.org. The next quarterly update will be in early July 2006. You may also contact Holly Callahan for hard copies of these lists. She can be reached at 510/841-3032, or at anr@no-smoke.org.

Tradeshow booth and brochure available to encourage implementation of smokefree venues
The goal of the hospitality booth and the accompanying “To the Health of Your Business” brochure is to provide factual information to restaurant owners about the health and economic benefits of being a smokefree establishment and to encourage implementation of smokefree venues. The booth provides health advocates and restaurant owners the opportunity to dialogue on the benefits of smokefree venues and/or prepare for the implementation of a local or state law . Even restaurateurs, who might be hesitant to believe that smokefree policies are possible, leave the booth with more factual information and resources about the benefits of going smokefree. If you are interested in using this booth and the brochure at your local or state restaurant or hospitality trade show, please contact Stephanie Shedd at the ANR Foundation: (510) 841-3056 or stephanie.shedd@no-smoke.org

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States

Alabama:
 
Alabama legislature delays committee action related to amendment
An Alabama House committee delayed action on a proposed constitutional amendment to allow voters to decide if they want a smoke-free law in restaurants and bars. The bill had already passed the Senate, where it proposed restaurants and bars would be smoke-free, with an exception for private clubs and smoking on outside patios and decks. Click here for more information.

Arkansas:
 
Arkansas governor signs statewide smoke-free bill
Arkansas Governor Mike Huckabee signed into law a statewide workplace smoke-free bill that goes into effect in July. Efforts to restrict smoking in public places in several Arkansas cities have been put on hold in order to evaluate the state law. Click here for more information.
 
Arkansas legislature passes smoke-free car bill
The Arkansas state legislature passed a smoke-free bill for cars that carry children in car seats. Rep. Mathis was able to get his bill through a House committee and passed on the floor in one day, then passed through a Senate committee and on the floor in one night. Click here for more information.

California:
 
San Francisco passes smoke-free ordinance for public transportation
The San Francisco Board of Supervisors passed a smoke-free ordinance for public transit stops and shelters. The legislation was co-sponsored by two supervisors, who amended a section of the San Francisco Health Code that already has a smoke-free policy for buildings and certain other structures. Click here for more information.
 
Strictest smoking ban in nation goes into effect in Calabasas
One of the strictest tobacco bans in the nation went into effect in the Los Angeles suburb of Calabasas in March, making smoking off limits in public places where someone else might be exposed to secondhand smoke: indoor businesses, outdoor businesses, parks, outdoor cafes, even apartment building common areas. Click here for more information.

Colorado:
 
Colorado passes smoke-free workplace legislation
Colorado Governor Bill Owens has signed into law smoke-free workplace legislation that will take effect July 1st. The law will clear the air in almost all Colorado workplaces, including restaurants and bars. Smoking will still be allowed in the gaming area of casinos, but not in casino restaurants and bars. Click here for more information and here for a press release from the Campaign for Tobacco-Free Kids.
 
Colorado ordinance does not infringe on rights of American Indians
A legal review indicates that the new statewide smoke-free air law does not infringe on American Indian religious ceremonies and that additional legislation is unnecessary. The ban is not intended to prevent smoking in off-reservation religious ceremonies. Click here for more information.

District of Columbia:
 
D.C. police ordered not to enforce smoke-free law
After complaints by the Restaurant Association of Metropolitan Washington of officer harassment, the Metropolitan Police Department has ordered its officers not to enforce the citywide smoke-free ordinance. The organization stated that it was the job of the D.C. Department of Health to enforce the law, not the police. Click here for more information.

Florida:
 
Florida pushes to clarify language in Clean Indoor Air Act
Members of the Florida legislature are pushing a measure that would revise the state’s Clean Indoor Air Act to make it clear that businesses are responsible for smoking violations on their property. The bill faces a possible veto by Governor Jeb Bush, who vetoed a similar measure last year because he didn’t like the idea of business owners having to enforce the law. Click here for more information.
 
Florida House committee approves bill that repeals requirement for mandatory financial reviews
A House committee approved a bill (HB 11) that would repeal a requirement that stand-alone bars hire an accountant every three years to review their financial records and determine whether they qualify under state law as bars. The proposal to eliminate the mandatory inspections, which would leave bars primarily to monitor themselves, came at the request of the accounting industry, which says its members would not be able to provide proper supervision under current state guidelines. Click here for more information.
 
Florida anti-tobacco funding measure draws no opposition
A proposed constitutional amendment that would require the state to spend about $54 million annually on anti-smoking campaigns drew no opposition as the Florida Supreme Court considered whether to allow it on the ballot. The bill’s sponsors, Floridians for Youth Tobacco Education and Florida affiliates of the American Cancer Society, American Heart Association and American Lung Association, have collected the signatures needed to place the measure on the November ballot. The court will examine it to ensure that the proposal covers only a single subject and has clear and unambiguous ballot language. Click here for more information.

Hawaii:
 
Tobacco control bills pass Hawaii House
Leaders of Hawaii's Senate and House Health Committees have reached agreement on comprehensive smokefree workplace legislation, including restaurants and bars. The proposal is expected to pass shortly.Click here for more information.

Illinois:
 
Illinois governor deciding on expanded smoke-free legislation
A bill allowing county officials in Illinois the power to implement smoke-free policies in restaurants, bars, and other public gathering places is awaiting the governor’s approval. The bill had already passed the Senate and recently passed the House. A spokesperson for the governor has said that he has not yet decided whether to sign the bill. Click here for more information.
 
Three Illinois cities pass ordinances
The Evanston City Council has passed a law banning smoking in workplaces, including bars and restaurants. The law will go into effect July 1st. The ordinance passed easily, as opposed to two years ago, when the council voted against a ban. Click here for more information (free registration required). The Elk Grove Village board voted 4-2 in favor of smoking restrictions in public places and increased fees for businesses that sell tobacco products. The law will require most workplaces in the affluent Chicago suburb, including bars and restaurants, to be smokefree as of January 1st. The board also voted in favor of increased fees for businesses that sell tobacco products. Click here for more information. Elk Grove’s neighbor, Buffalo Grove, has also passed an ordinance banning smoking in public places. Click here for more information. (free registration required)

Kentucky:
 
Georgetown, Kentucky attempting to change ordinance
The Georgetown City Council is pushing an amendment to revise the city’s smoke-free ordinance to allow for smoking at bingo halls. The mayor is opposed to any changes. For more information click here.

Maine:
 
Maine Senate changes mind about smoking in private clubs
The Maine Senate overturned its recent vote and decided to support a smoke-free policy in private clubs that have employees. The measure now goes back to the House. One Senator stated that it was about the health of workers and about fairness. Click here for more information.

Maryland:
 
Howard County, Maryland reconsiders smoke-free bill
The Howard County Council will reconsider a previously shelved smoke-free ordinance for bars and restaurants. The ordinance was reconsidered after the resignation of a major opponent of the policy. The bill, which would take effect July 1, 2008, bans smoking in most public places, including but not limited to, restaurants, bars, arenas, barber and beauty shops, bowling alleys, movie theaters, pool halls, government vehicles with two or more occupants, public or private educational facilities, shopping malls, baseball, football and soccer fields, and within 15 feet of a building entrance, exit, window or air intake. Click here for more information.

Massachusetts:
 
New Massachusetts health care bill may charge smokers more for insurance
Under Massachusetts’ new health care bill, private insurers may charge smokers higher premiums than non-smokers. Smokers could also be offered incentives to quit. Massachusetts plans to allot $7 million a year for two years to classes which would help Medicaid recipients quit smoking. Click here for more information.
 
Andover resident promotes fine by entertainment industry
An Andover resident is pushing for a bill to tax Massachusetts-based television stations $10,000 for each time any of the five leading actors of one their broadcasts uses a tobacco product. The revenue gained would then be used toward reimbursing the state for the health-care costs that result from tobacco-related health problems. Click here for information.

Michigan:
 
Smoke-free bill stalled in Michigan legislature
The Michigan state legislature continues to stall a statewide smoke-free bill, six years after it was first introduced. Health groups and other supporters considers secondhand smoke a health risk, especially for restaurants workers, women, and asthmatics, while restaurant and bar owners and the political party that controls the Legislature believes businesses should be free to decide whether to allow smoking in their establishment. Click here for information.

Minnesota:
 
St. Paul ordinance goes into effect
The ban on smoking in St. Paul bars, restaurants, pool halls, bowling alleys and bingo halls went into effect on March 31st. A Ramsey County District Court denied a challenge by a group of St. Paul business owners who attempted to delay implementation of the ordinance. Click here for more information.

Mississippi:
 
Starkville, Mississippi adopts smoke-free ordinance
The town of Starkville, home of Mississippi State University, adopted a 100% smoke-free ordinance, including restaurants and bars. The policy takes effect in 60 days of its passage. Click here to view a press release.
 
Mississippi bill for tobacco payment vetoed
In March, Mississippi Governor Haley Barbour vetoed a bill that appropriates funding to the Partnership for a Healthy Mississippi and filed a lawsuit challenging the constitutionality of a court ordering the appropriation of state money, which he says should be the purview of the legislative branch. The Partnership has been funded through a court order that provides the private, nonprofit agency $20 million per year of the more than $100 million in annual payments the state receives from the master settlement agreement. Leadership in both chambers agreed that to stop Barbour's lawsuit they would pass legislation to fund the Partnership. The legislation passed, but Barbour's veto stood. Chancery Court judge now will hear the constitutional case, which then will be appealed to the state Supreme Court. Click here and here for more information. Click here to view a press release from the Campaign for Tobacco-Free Kids.

Nebraska:
 
Nebraska legislature proposes bill to target anti-smoking advocate
A Nebraska state senator has proposed a bill to target people who file frivolous complaints against a business for violating the state’s smoke-free law. The bill is aimed at Mark Welsch, the president of the Group to Alleviate Smoking Pollution (GASP). Under the bill, filing a frivolous complaint would be punishable by a $1,000 fine. Click here more information.

Nevada:
 
Nevada voters strongly support smoke-free policies

A statewide poll conducted by the Las Vegas Review-Journal shows that 63 percent of 625 registered voters polled would approve the Nevada Clean Indoor Air Act, which may be placed on the upcoming November ballot. The Nevada Clean Indoor Air Act would eliminate smoking on school grounds, in day-care centers, shopping malls, video arcades and grocery and convenience stores, and also bans smoking in bars that serve food and in restaurants. A competing, less restrictive measure backed by the gaming industry would ban smoking on school grounds, day-care centers and video arcades. However, it allows smoking in slot machine sections of grocery and convenience stores, and in designated areas of bars and restaurants restricted to adults age 21 and older. Click here for more information.

New Hampshire:
 
New Hampshire Senate defeats smoke-free workplace bill

The New Hampshire Senate defeated a smoke-free workplace bill that had been passed by the House. A recent poll by the University of New Hampshire Survey Center showed that 79 percent of those contacted support the smoke-free policy. The Senate Republicans rejected the idea based a tradition of limited government and the state’s Live Free or Die motto. Backers of the policy called the bill a matter of public health. Click here for more information.

New Jersey:
 
New Jersey smoke-free law goes into effect

A federal judge ruled that New Jersey’s smoke-free law should go into effect as of April 16th. A group of bar and restaurant owners attempted to delay the policy, but a U.S. district judge nixed the delay saying the group was unlikely to succeed. The law provides a smoke-free policy for public places, including restaurants and bars. Click here for more information.
 
New Jersey ordinance might extend to 25 feet from entrances
The New Jersey Department of Health and Human Services wants to extend the newly passed state ordinance outdoors, keeping users 25 feet from the entrances to places where smoking will be forbidden. The idea to include a 25-foot buffer near entrances came from hospitals and other states with smoking bans in order to prevent smokers from gathering in doorways and tobacco smoke from entering the buildings. Click here for more information.
 
New Jersey increases tobacco buying age to 19
New Jersey Governor Richard Codey signed a bill raising the tobacco purchasing age from 18 to 19, making NJ the fourth state to do so. The law, along with the state’s new smoke-free air law, took effect on April 15th. Click here for more information.

New Mexico:
 
Santa Fe to expand smoking ban

The Santa Fe City Council is ready to consider expanding the city’s smoking ban. Click here for more information.

New York:
 
Smoking age raised in Nassau County, NY

The Nassau County Legislature unanimously approved an increase in the legal age to buy tobacco products in Nassau from 18 to 19. However, active members of the armed forces may still buy tobacco if they are 18. Click here for more information.

Ohio:
 
Passing of smoke-free law left to Ohio voters

Without legislative action, the state’s legislature decided to place the Ohio Smoke Free Workplace Act on the upcoming November ballot. The statewide legislation would have been among the strictest in the nation. Click here for more information. In response, a coalition of bars, restaurants, and other businesses have offered an alternative proposal that would exempt from the ban bars, restaurants with separate smoking areas, bowling alleys, bingo parlors, adult establishments, racetracks, tobacco retail establishments, specially designated smoking rooms in hotels and nursing homes, and any private residence or facility not open to the public. It would also override smoking bans enacted in 21 communities in the state, including Toledo. Click here for more information.

Oregon:
 
Efforts to expand Oregon’s smoking ordinance gearing up again

Anti-tobacco forces are gearing up for another effort to extend the state’s smoking ban to all Oregon workplaces with the help of area bar and restaurant employees. Oregon’s law still exempts bars, restaurants with lounges, bingo halls and bowling alleys. Click here for more information.

Pennsylvania:
 
Philadelphia restaurant workers ask council to clear their air

Restaurant workers in Philadelphia have joined forces with the Clean Air Council in support of a smoke-free workplace ordinance. The servers have stated they are sick of coming home smelling like smoke, with dry throats and watery eyes, after a long night of serving or bartending. The City Council is two votes shy of passing the policy. Click here for more information. Many blame Mayor Street for the lack of a smoking ban in the city. Click here for more information about a recent City Hall rally.

Puerto Rico:
 
Puerto Rico Governor signs Caribbean’s toughest smoking ordinance

Puerto Rico Governor Anibal Acevedo Vila has signed a bill that eliminates tobacco smoke in bars, casinos, and other workplaces, as well as in private cars with children under 13 years old aboard. Click here for more information.

South Carolina:
 
Proposed bill would ban smoking in South Carolina restaurants

The South Carolina House Judiciary Committee has approved a bill that bans smoking in all restaurant, bar, lounge, and recreational facilities, with exceptions for cigar bars and private clubs. The bill is now headed to the House floor. Click here for more information.

Tennessee:
 
Tennessee statewide smoke-free bill passes Senate committee

The Tennessee Smoke Free Air Act of 2006, modeled after the law that passed in Georgia last year, passed the State and Local Government Committee of the Tennessee Senate. If it becomes law, it will affect public places and enclosed areas of employment. It would allow smoking in bars and restaurants that limit entry to adults over the age of 18 and would also make exceptions for assisted care facilities and nursing homes, smoking areas at airports, tobacco shops, and designated hotel rooms. Click here for more information.

Texas:
 
Beaumont and Laredo pass smoking ordinances

The Beaumont City Council has approved a ban on smoking in enclosed public places, including bars and restaurants. The ban takes effect August 1st. The council rejected two less restrictive options. Click here for more information. The Laredo City Council voted 5-3 to clear the air in virtually all workplaces, including restaurants and bars. In addition, smoking will not be allowed within 10 feet of building entrances. Click here for more information.

Utah:
 
Utah governor signs Clean Indoor Air Act

Utah Governor Jon Huntsman signed an update to the Utah Clean Air Act that will make every bar, restaurant, private club and fraternal organization smokefree. Beginning next year, private club-restaurants will be smokefree, and in 2009, all other bars, private clubs, and taverns will be smokefree. Click here to view a press release from the Campaign for Tobacco-Free Kids.
 
Utah legislator considers extending smoking ban to cars
A Utah legislator is considering following Arkansas' lead to ban smoking in automobiles when a child who weighs no more than 60 pounds or is 6 years old or younger is present. If Utah were to strengthen its smoking ban, it would give the state the most restrictive smoking laws in the country once the ban in bars takes effect in 2009. Click here for more information.

Vermont:
 
Two Vermont towns asked to ban tobacco

Two Vermont towns, Middlebury and Bristol, have been asked to effectively ban cigarette sales by refusing to renew tobacco licenses by the end of the month. Some residents believe that allowing tobacco to be seen in storefronts gives children the wrong message about cigarettes being acceptable. Click here for more information.

Virginia:
 
Virginia rejects smoke-free bill

A Virginia House of Delegates subcommittee unanimously rejected a smoke-free bill that had passed the Senate. The bill would have made restaurants and almost all other places smoke-free. Click here for more information.
 
Virginia Governor vetoes measures related to tobacco foundation appointments
Virginia Governor Tim Kaine has vetoed two measures that would take away the governor's authority to appoint the directors of the Tobacco Settlement Foundation and the Tobacco Indemnification and Community Revitalization Commission. Click here for more information.

Washington:
 
Washington state legislature opposes hiring preference for nonsmokers

The Washington state legislature is proposing a bill that would prohibit employers from cutting their health care costs by only hiring nonsmokers. Business groups are fighting the bill, saying the government should not tell employers who they must hire. A proponent of the bill says employers go too far when they won’t hire smokers who never light up during work hours. Click here for more information.

Wisconsin:
 
Wisconsin considers statewide clean indoor air ordinance

The debate over a potential statewide smoking ban in Wisconsin is resurfacing following the approval of an Appleton referendum banning smoking in public establishments. Click here for more information.
 
Madison city council allows smoking in cigar bars and smokeless tobacco in public areas
The Madison City Council voted 12-8 to allow cigar and pipe smoking in cigar bars and smokeless tobacco in public places. Click here for more information.

Note: For information on voluntary hospital, government campus, hotel, outdoor and college smoke-free policies, please see the section on Secondhand Smoke.

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