Legislative Watch
Research
Review published on the effectiveness of antismoking legislation
A literature review in the Journal of Economic
Surveys synthesizes the economics literature and examines
the effectiveness of government curbs on tobacco consumption
through non-price controls, such as bans on cigarette advertising,
health warnings, and workplace ordinances, and price measures.
Click here
for the abstract and ordering information.
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Resources
May/June 2006 Legal Update available
The latest Legal
Update newsletter from the Tobacco Control Legal
Consortium, recapping legal news with implications for tobacco
control professionals, is now available. This issue highlights
exciting new directions at California’s innovative
legal center, TALC, where the new Public Health Law Program
will bring legal technical expertise to pressing public
health issues beyond tobacco control, including infectious
disease control and obesity. Among the courtroom developments
summarized are cases involving:
- Tobacco prevention funding, including litigation by
states to recoup over a billion dollars in tobacco settlement
payments, and a Minnesota court decision upholding the
authority of states to impose tobacco-related fees and
taxes, notwithstanding the litigation settlements of the
1990s.
- Punitive damages in personal injury cases, including
the Supreme Court’s announcement that it will review
a recent $79.5 million damage award from Oregon, perhaps
bringing to a head simmering tension between, on one hand,
Supreme Court rulings limiting damage awards, and, on
the other hand, decisions of state courts approving large
awards against tobacco companies, based on the companies’
“highly reprehensible” conduct—which
the Oregon court likened to the criminal offense of manslaughter.
- Tobacco industry defenses in private litigation, where
a landmark decision from the Supreme Judicial Court of
Massachusetts has, for the first time, disallowed the
“assumption of risk” or “personal responsibility”
defense that has long shielded tobacco manufacturers from
liability by allowing them to “blame the victims.”
ANR updated model Comprehensive Smoke-free Ordinance
Americans for Nonsmokers’ Rights (ANR) has prepared
an updated version of its model
Comprehensive Smoke-free Ordinance.
Blueprint for assessing support for smoke-free legislation
An article in the April 2006 issue of Health Promotion
Practice shows the steps taken by a grassroots organization
to conduct a public opinion survey. These steps are outlined,
including methodological, analytical issues, and resource
requirements. Results of a tobacco-related public opinion
survey can be instrumental in the promotion of smoke-free
environments and an effective tool in attracting media coverage.
View
the abstract for more information.
AMA passes new policies on smoking ordinances and
cessation
In an effort to promote a smoke-free America, the American
Medical Association today passed new policy actively supporting
national, state and local smoking bans in all public spaces
and workplaces. The policy also supports smoking cessation
programs to assist with the smoking bans. View a press
release from the AMA to learn more.
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International
Two Canadian provinces go smokefree
In Quebec and Ontario, it is now illegal to smoke in bars,
restaurants, private clubs, schools, universities, bingo
halls, casinos and virtually any other public place. Designated
smoking rooms, which some other provinces still allow, will
be phased out. Click
here for more information.
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National
Fire-safe cigarette laws expanding nationally
Five states – New York, California, Vermont, Illinois,
and New Hampshire - have passed legislation requiring tobacco
companies to sell only fire-safe cigarettes. Cigarette-caused
fires are the number one cause of fire death. Legislation
has been considered in several other states, and a proposal
in Congress would require fire-safe cigarettes nationally.
Many bills have failed due to opposition from the tobacco
industry, which claims that consumer education is more important
since fire-safe cigarettes can still ignite trash or furniture.
However, a 2005 study by the Harvard School of Public Health
found that self-extinguishing cigarettes sold in New York,
were much more likely to extinguish and had no effect on
sales. Click
here for more information.
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States
Arizona:
Signatures handed in for ballot measure in Arizona
Health advocates have turned in petition signatures in order
to get a proposed smoke-free air ordinance on the November
ballot in Arizona. The proposal would prohibit smoking in
most enclosed places, including restaurants and bars, throughout
Arizona. Click
here for more information.
Arkansas:
Regulations for Arkansas Clean Indoor Air Act being reviewed
Regulations for the Clean Indoor Air Act of 2006 are being
considered by members of the Arkansas House and Senate Public
Health, Welfare and Labor committees. The Department of
Health and Human Services has provided regulations for the
bill, which are being questioned by committee members before
votes can be taken. The legislation passed earlier this
year and goes into effect in July. Click
here for more information on the legislative panel review.
Arkansas governor supports legislation prohibiting
smoking by pregnant women
Arkansas Governor Mike Huckabee believes that a proposal
to prohibit women from smoking during pregnancy makes sense
from a health standpoint. Huckabee has compared a pregnant
woman smoking to a mother placing a cigarette directly in
a child's mouth. Click here
to learn more.
Colorado:
Hotline and website launched in anticipation of
Colorado Clean Indoor Act
To help business owners in Colorado comply with the Clean
Air Act set to take effect on July 1st, the state has launched
a call center and a website to answer questions about the
new law. The website address is www.smokefreeColorado.org
and the hotline number is 1-888-701-2006 available 24/7.
Click
here for more information.
Hawaii:
Hawaii Governor considering statewide secondhand smoke legislation
Governor Linda Lingle has until July 11th to sign into law
a bill banning smoking in enclosed and partially enclosed
public places and workplaces, including bars, restaurants
and shopping malls, as well as hotel lobbies, airports,
lanais, and 20 feet from public entryways. If signed, the
bill will take effect on November 16th. Click here
for additional information. View a press
release from the Campaign for Tobacco-Free Kids for
further information.
Illinois:
Illinois passes fire-safe cigarette law
Illinois Governor Rod Blagojevich has signed a bill into
law that will require all cigarettes sold in the state to
self extinguish when they are not being smoked, starting
January 1, 2008. Illinois joined New York, California and
Vermont as states that have enacted these types of laws,
and was quickly followed by New Hampshire. Click here
for additional information.
Chicago plugs loophole in city’s new ordinance
A Chicago alderman has been working to plug a loophole in
the city’s new ordinance that has allowed so-called
“tobacco lounges” to serve food and alcohol.
Such places are owned by RJ Reynolds. For
more information, click here.
Another three Illinois cities pass smoke-free ordinances
The Urbana City Council passed a smoke-free ordinance to
prohibit smoking in most public places, including restaurants
and bars. The ordinance will take effect on August 1, 2006.
In addition, the Bloomington City Council voted 5-4 in favor
of comprehensive smokefree workplace legislation, including
restaurants and bars. The legislation mirrors the recent
law passed in Normal, Illinois, except that Normal's law
also includes outdoor parks and concerts. Click
here for more information on the Urbana ordinance and
here
for the Bloomington and Normal ordinances.
Indiana:
Three localities in Indiana go smoke-free and Bloomington
votes against exemption
Evanston, Lawrence, and Speedway, Indiana have all passed
smoke-free ordinances to take effect this summer and fall.
In addition, the Bloomington City Council has voted against
a measure to exempt businesses with a tavern liquor license
from the city’s smoking ordinance. Click
here for additional information.
Kentucky:
Kentucky faith community urging anti-tobacco laws
The Kentucky Council of Churches, the Catholic Conference
of Kentucky, Mid-Kentucky Presbytery, Assemblies of God,
the Annual Conference of Kentucky, and the Kentucky Ethics
League are asking the state for tobacco restrictions, including
making all workplaces smoke-free, raising the cigarette
tax, and making places of worship smoke-free. The groups
are also encouraging church leaders to preach against tobacco.
Click
here for more information.
Louisiana:
Louisiana passes smokefree ordinance
Beginning January 1st, all restaurants in Louisiana will
be smokefree. The bill will also prohibit smoking in offices,
government buildings, malls, retail stores, indoor sports
arenas, schools and a host of other public buildings. The
ordinance, which originally was intended to ban smoking
in moving vehicles with young children inside and was later
expanded, will become law unless Governor Kathleen Blanco
vetoes it. Click
here for more information.
Maryland:
Howard County, Maryland passes smoke-free ordinance
The Howard County Council has passed a smoke-free ordinance
to include all bars and restaurants, to take effect in August.
Bars and restaurants that currently allow smoking will have
until July 1, 2007 to comply. The law replaces legislation
allowing for separate ventilation systems. Click
here for more information on the ordinance.
Ordinance in Baltimore being reconsidered
A proposal for a strict ordinance modeled after California’s
law is headed for renewed debate in Baltimore, MD. The measure
would prohibit smoking in virtually all restaurants and
bars as well other public spaces, such as bowling alleys
and city-owned vehicles. Smokers who violate the ordinance
would receive a $500 fine. The ordinance will receive a
hearing by the City Council in the fall. Click here
for more information.
Michigan:
Michigan bill would limit tobacco smoke around kids
in vehicles
A bill pending in the Michigan state House would forbid
smoking in a motor vehicle with a passenger under 4 years
old. If the bill becomes law, the penalty would be a civil
infraction or a ticket. Click
here for more information.
Minnesota:
Petition to appeal St. Paul smoke-free ordinance
delayed
Petitions circulated by St. Paul bar owners have come into
question because they are printed on paper that doesn’t
meet state size requirements. Click
here for more information.
Nebraska:
Omaha passes smoke-free ordinance
Omaha’s mayor plans to sign a bill passed by the city
council to ban smoking in city businesses. The ordinance
is a compromise that will prohibit smoking restaurants this
fall but will give bars, keno operators, and Horsemen’s
Park five years to comply. The mayor favored a more comprehensive
ban. Click
here for more information.
New Hampshire:
New Hampshire passes Fire-Safe Cigarette Law
New Hampshire joins New York, California, Vermont, and Illinois
in requiring that all cigarettes sold be self-extinguishing.
New Hampshire's law will take effect on Oct. 1, 2007. Retailers
violating the law will face fines up to $1,000 per sale.
Click
here for additional information.
New Mexico:
Santa Fe passes smoke-free ordinance
The Santa Fe City Council voted unanimously to extend the
city's 1999 smoke-free ordinance to include all public places
and workplaces, including all restaurants and bars, as well
as outdoor patios of restaurants. The law will take effect
in July. Click
here to learn more.
New York:
Ban on sale of candy-flavored tobacco products and
increase in tobacco purchasing age proposed in NYC
A New York City Councilman is planning to introduce legislation
to ban the sale of candy-flavored cigarettes, cigars, and
tobacco that are commonly sold in bodegas in the Bronx and
northern Manhattan. Albany, NY is considering similar legislation.
Legislation has also been introduced by the City Council
to raise the age for the purchase of tobacco products from
18 to 21 years.
Click here for more information on the proposed ban on candy-flavored
tobacco (free registration required), and here
for more information on the proposed increase in the tobacco
purchasing age.
Pennsylvania:
Pennsylvania Restaurant Association now supporting smoke-free
legislation
Recently, the Pennsylvania Health & Human Services
Committee failed to move forward a bill mandating smoke-free
workplaces, with some exceptions. However, following the
release on June 27th of the Surgeon General's report on
the health consequences of secondhand smoke, the Pennsylvania
Restaurant Association has changed its position and will
now give its support to a ban on smoking in the workplace,
including bars, restaurants, offices and manufacturing plants.
The legislation will not be reconsidered until at least
September. Click here
to learn more.
Philadelphia passes smoke-free air ordinance
The Philadelphia City Council has passed a bill that will
prohibit smoking in most public places, including restaurants
and some bars. Bars that make less than 10% of their revenue
from food will be able to apply for a temporary exemption.
The effort to pass such a bill had been ongoing for two
year. Separate legislation to be considered in the fall
would make the exemption for bars permanent. Click
here for more information and here
for a press release from the Campaign for Tobacco-Free Kids.
South Carolina:
Smoke-free bill in South Carolina defeated
Legislation that would have made restaurants smoke-free
was sent back to a House committee after two hours of debate.
The legislation would have prohibited smoking in restaurants,
bars, lounges, and recreational facilities, but had exceptions
for private clubs. Click
here for more information.
Utah:
Smoke-free zones widened in Utah
An amended version of Utah’s Indoor Clean Air Act
has gone into effect. The new restrictions prohibit smoking
in areas such as outdoor benches, newly licensed taverns,
bars, fraternal or religious clubs, and private clubs. Click
here for more information.
Vermont:
Vermont now requires self-extinguishing cigarettes
The Vermont legislature has approved a law requiring all
stores to sell cigarettes that meet fire safety standards.
Cigarettes are the leading cause of fire-related deaths
in Vermont in the past 10 years. Click
here for more information on the legislation.
Washington:
Compliance with new smoke-free air law high in Washington
Since Washington’s Initiative 901 took effect in December
2005, the Tacoma-Pierce County Health Department inspectors
have cited only seven businesses for violations. A senior
public health manager at the department said, “Compliance
has just been overwhelmingly positive.” Click
here for more information. However, as a result of the
new law, several secret nicotine dens have popped up across
the state. Click
here for more information on these so-called “smoke-easies.”
Wisconsin:
Weak bill defeated in Wisconsin
The Wisconsin state Senate has killed a weak bill that would
have prohibited smoking in large restaurants’ dining
rooms but not taverns. The bill would have also preempted
stronger local smokefree air ordinances in the future. Click
here for more information.
Wyoming:
Cheyenne, WY goes smoke free
Cheyenne is the second city in Wyoming, after Laramie, to
become smoke-free. New legislation prohibits smoking in
all workplaces, including bars and restaurants, beginning
August 15th. Click
here for additional information.
Territories:
Smoking ordinance takes effect in Guam with some
enforcement difficulties
Guam’s Natasha Protection Act prohibits smoking in
all public places except those with approved ventilation
systems. Superior Court of Guam Judge Steven Unpingco yesterday
dismissed the civil case filed by the attorney general's
office over the enforceability of the law. The attorney
general has said his office cannot enforce the law because
the standards for the ventilation device do not exist. Thus
he has recommended that until the matter is clarified, smoking
in any public place and facility on Guam should not be permitted,
even with a ventilation device in place, because prosecutions
could result. 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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