Legislative Watch

National

New push grows for FDA regulation of tobacco
"This bill is long overdue," said Rep. Henry A. Waxman (D-Calif.), chairman of the House Government Reform Committee and the lead sponsor in the House. "Despite the fact that cigarettes kill over 400,000 Americans each year, and despite the fact this is the most toxic substance that is sold legally and when used as intended has the potential to kill, there is virtually no regulation of tobacco by the federal government."  Rhetoric like this has been flying around Capitol Hill for years. The FDA claimed the authority to regulate tobacco in the mid-1990s during the Clinton administration, but the effort was challenged by tobacco companies and overturned by the Supreme Court in 2000. What followed were several attempts to pass legislation in Congress, many of which attracted broad-based support -- including from cigarette maker Philip Morris USA. But invariably the bills hit an impasse and died. Legislation to regulate tobacco won approval in the Senate in 2004, but GOP leaders never allowed a vote on it in the House, the bill's supporters say. Now, with Democrats in control of Congress for the first time since 1994, proponents say the legislation has a far better chance.  The White House, generally no fan of expanding government regulation, referred calls to the Department of Health and Human Services, where a spokeswoman said officials were still reviewing the legislation.  Click here to read the full article and here to view HB 1108.  To access a Campaign for Tobacco-Free Kids comment regarding FDA Authority Over Tobacco and other related resources, click here.

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State

Alabama

Anti-smoking group seeks more state prevention spending

The Coalition for a Tobacco Free Alabama states that only a tiny portion of Alabama’s tobacco revenues is used to prevent smoking- just under $333,000 out of $93.4 million in 2006. With tobacco-related medical expenses totaling $1.49 billion annually, the group feels that more efforts should be put toward prevention projects. Alabama ranks 46th among states when comparing the amount it spends on anti-smoking campaigns to the amount the Center for Disease Control recommends the state spend for an effective program. Click here to read more.

Iowa

Iowa smoking-ban bill advances

A group of Iowa’s legislative Democrats unveiled legislation that would level heavy smoking restrictions in the state, including making bars, restaurants, casinos, indoor and outdoor arenas and offices smoke-free. Under the legislation, it would be illegal for local communities to pre-empt the uniform standard. The bill underwent consideration in a Senate subcommittee and will now be sent to the full senate for debate. Click here to read more.

Kansas

Kansas smoking ban snuffed, for now
Kansas is unlikely to join the other 21 states that have outlawed smoking in public places. At least, not this year. Senate Majority Leader Derek Schmidt, R-Independence, announced that Senate Bill 37, which would have prohibited smoking in virtually all of the state’s workplaces, would not be debated on the floor in 2007. Instead, he said the Senate would request that an interim committee be appointed to dig into the issue and make a recommendation to the 2008 Legislature. To read on, click here.

Minnesota

Sheran leads push for smoking ban in Minnesota
Senator Kathy Sheran introduced a bill proposing a statewide ban on smoking in bars and restaurants and is sure to be one of the most watched bills of the 2007 legislative session. Sheran, a registered nurse, is the chief sponsor of the ‘Freedom to Breathe Act’ in the Senate. The battle for a smoking ban in bar and restaurants is not a new issue- the House Commerce Committee killed a proposed statewide smoking ban in 2005. Sheran sites a 2006 statewide survey showing broad support for the measure among Minnesota voters as a reason to try again. Bill has passed in the house and was sent to a Senate subcommittee. Within the subcommittee, stipulations were made for bars with ventilation systems to escape the ban. Click here to read more.

Mississippi

Mississippi passes bill to create and fund state tobacco control program

The Mississippi House of Representatives passed a bill to create a new state-controlled commission to manage the tobacco prevention and cessation program. The entity, called the Mississippi Tobacco Control Commission, replaces The Partnership for a Healthy Mississippi, a private non-profit organization that had previously run the state’s tobacco prevention and cessation program until it lost all of its funding due to a court decision. The new commission will be funded $20 million each year with money from the state tobacco settlement. The press release can be found here.

Nebraska

Nebraska senators debate statewide smoking ban

The Nebraska Clean Indoor Air Act, a bill that would ban smoking across the state in all public buildings, including bars and restaurants, is on the fast track. The bill is already being debated by senators and rapidly gaining support since its recent introduction by Senator Joel Johnson. So far, 15 amendments to the bill have been collected. To read more, click here.

New Jersey

New Jersey lawmakers to consider total casino smoking ban
Anti-smoking advocates are hoping the third time is a charm as lawmakers try again to enact a smoking ban that includes Atlantic City casinos. A Senate health panel on Monday is to consider amending the statewide smoking ban that exempts Atlantic City's 11 casino. That ban, which took effect last April, bars cigarette and cigar smoke in bars, restaurants, malls and most other public places.  Click here to read the full article.

New Hampshire

NH takes first step to ban smoking in bars, restaurants
New Hampshire moved a step closer to its New England neighbors Thursday when the state Senate voted to ban smoking in bars and restaurants.  The bill still must pass the House; supporters are optimistic it will.  Gov. John Lynch has said he will sign it.  Click here to read more.

Ohio

Ohio health department reveals proposed no-smoking rules

The Ohio Department of Health formally filed proposed rules for the implementation of the state’s indoor smoking ban. The next step is to gather public input, with the first scheduled hearing set for late February. The proposed rules are designed to write between the lines of the law that was approved last November. The proposed rules can be found online at www.odh.ohio.gov. Click here for the press release.

Oregon

Bill for fire-safe cigarettes passes House panel

Burning cigarettes tossed on an Oregon roadside or left on a mattress by a sleeping smoker would extinguish automatically under a fire-safe-cigarette bill headed to the House floor. The House Business and Labor Committee voted unanimously to approve House Bill 2163, which requires cigarettes sold in Oregon to be fire-safe. To read on, click here.

Pennsylvania

Pennsylvania smoking ban bill sent to Senate

The proposed state wide smoking ban in Pennsylvania is gaining momentum after a state Senate committee sent the bill to the full Senate for consideration. This is the first time the smoke-free workplace proposal has advanced beyond a House or Senate committee. To read more, click here.

Tennessee

Tennessee Governor’s plan draws mixed reaction

Tennessee Governor Phil Bredesen’s call for a ban on smoking in Tennessee workplaces including restaurants and bars, has been met with mixed reactions. Tennessee has the third highest rate of smokers of any state. Bredensen points to the high health related costs of smoking, over $2 billion in health cars spending annually in Tennessee alone as a result of cigarette smoking. Bredesen’s call to action is receiving support from the state restaurant association who voted to support the proposed ban. Click here to read more about the mixed reaction of Bredesen’s plan and here to read more about support from the restaurant association.

Texas

Fight shaping up at Texas Capitol over proposed smoking ban

A proposed ban on smoking in all bars, restaurants, and work site across the state is in the works within the Texas legislature. The measure has attracted the attention of highly paid tobacco lobbyist, including those from Philip Morris USA. Smoke-Free Texas, a coalition of the American Lung Association, the American Heart Association, and the Texas PTA, is pushing the ban measure. Click here to read more.

Utah

Senate gives preliminary OK to smoking measure
The Senate gave easy preliminary approval Friday to a bill that would allow smoking in Utah's fraternal organization buildings for two more years.  The groups were required to go smoke-free at the beginning of this year under a law passed by the Legislature last year but have maintained they have suffered financially as a result of the law.  HB273, sponsored by Rep. Curtis Oda, R-Clearfield, would delay implementation of the ban until Jan. 1, 2009, when private clubs and taverns are required also to go smoke-free.  To read on, click here.

Virginia

Smoking ban not likely this year in Virginia

Although the Virginia Senate committee endorsed a bill to ban smoking in restaurants and most other indoor public places, a House subcommittee declined to take action, leaving the measure technically alive, but effectively killed. Similar legislation died in the House of Delegates subcommittee last year. Philip Morris lobbied against the bill. A far less restrictive bill, requiring restaurants that allow smoking to post signs, is in the works. Click here to learn more.

‘Smoking permitted’ sign legislation
Virginia restaurants that allow smoking would be required to post signs that say so at their entrances if legislation sent Thursday to Gov. Timothy M. Kaine becomes law. However, restaurants displaying "Smoking Permitted" signs would no longer be required to offer a nonsmoking section - a provision that public health advocates consider a blow to efforts to protect diners and restaurant workers from the hazards of secondhand smoke. The Senate voted 23-17 to pass the bill, which already had cleared the House of Delegates. Kaine has until March 26 to sign, veto or amend it. Hilton Oliver, executive director of the Virginia Group of Alleviate Smoking in Public, denounced the legislation as a retreat from the public health safeguards of the 1990 Clean Indoor Air Act. To read more, click here.

West Virginia

Ban on smoking in cars with kids passes Senate
A bill that its lead sponsor says is intended to encourage parents to think twice before they expose their children to secondhand cigarette smoke passed the Senate on a 23-9 vote. “The intent of the legislation is for parents to be cognizant of the effects of smoking in front of their children,” Senate Health and Human Resources Chairman Roman Prezioso, D-Marion, said of the bill (SB219) that would make it illegal to smoke in cars when children under age 14 are present. He conceded that as currently written, the bill is more about sending a message to smokers about the dangers of secondhand smoke than it is about punishing violators. Click here for more.

Wisconsin

Doyle to seek statewide smoking ban, tobacco tax hike

Wisconsin Governor Jim Doyle has launched a comprehensive statewide initiative that bans smoking in all public buildings, workplaces, restaurants, and bars. Additionally, he proposed a $1.25 per pack tax increase and an expansion of smoking cessation programs. Anti-smoking legislation has previously faced strong opposition from representatives of the bar and restaurant industries who claim that smoking bans negatively affect business. So far, the plan has received considerable support from the restaurant industry. Click here to read more about Doyle’s proposed plan and here to learn about the Restaurant Association’s support.

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International

Nepal drafts anti-tobacco legislation
Nepal's parliament, the House of Representatives, has recently ratified the Framework Convention on Tobacco Control (FCTC), which obliges the government to make certain laws and formulate policies and plans to regulate and control the consumption of tobacco. Click here for more information.

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