Policy

State

Arizona eyes increased penalties for minors buying tobacco (AZ)
The Arizona Senate has voted in favor of a bill that would make purchasing tobacco products with fake identification a Class 3 misdemeanor, elevated from its current status as a petty crime. Those supporting the bill say it is unfair to solely penalize clerks who sell to minors, as fake IDs have gotten more sophisticated and therefore more difficult to distinguish from real IDs. It would also bring the tobacco law more in line with the state’s law on purchasing alcohol using a fake ID. If passed, minors using fake IDs to purchase tobacco could face a maximum fine of $500 and up to thirty days of jail time. While the bill has support from tobacco retailers, the American Lung Association of Arizona opposes the bill, stating that punishment is not an effective approach for reducing smoking among youths. Click here for more information.

Conn. lawmakers considers ending smoking in clubs (CT)
The Connecticut General Assembly’s Public Health Committee is considering a bill that would extend the state’s smoke-free law to private clubs. Those proposing the law say it will protect club workers, guests, and those renting club facilities from being exposed to secondhand smoke. Opponents of the measure believe that the decision to go smoke-free should be left up to the individual clubs’ leadership and that prohibiting smoking could negatively affect businesses. Connecticut’s current smoke-free law covers restaurants, bars, and businesses with five or more employees. Read more here.

Help for Medicaid smokers in gov's budget (CT)
Connecticut Governor Dannel P. Malloy has released the details of the 2012 state budget, which will include funding for cessation services for Medicaid clients. Cessation services were allocated $3.75 million for the first year and $7.5 million for the next, in an effort to improve health and reduce the state’s healthcare-related costs in the future. Connecticut is currently one of three states that do not offer Medicaid coverage for smoking cessation treatments. Click here for more information. Health advocates have praised Malloy for this proposal, along with his recent proposal to increase the state cigarette tax by forty cents.

Indiana House OKs smoking ban with bars exempted (IN)
Indiana’s House has passed a statewide smoke-free law with several exemptions for casinos, bars, and nursing homes, and clubs. The original, more comprehensive, bill was amended several times, first to exclude casinos and horse racing tracks due to concerns about lost revenue, then later to exclude bars that only admit adults, nursing homes, and fraternal clubs. Supporters of the bill prefer a more comprehensive ban, and the bill’s sponsor, Representative Charlie Brown, expressed hope that the exemptions might be removed later in the legislative process. However, Indiana Senate President Pro Tem David Long has noted that the exemptions may give the measure a better chance of being approved in the Senate, where similar proposals have been voted down in the past. Governor Mitch Daniels has said he intends on signing a statewide smoke-free law if it is passed in the legislature. Click here to read more.

Iowa Dems: Further restrict 'dissolvable' nicotine products (IA)
Thirteen Iowa senators have introduced a bill that would prohibit the sale of dissolvable nicotine products in grocery and convenience stores. The bill’s sponsors say that the nicotine products look, smell, and taste like candy, and should be less accessible because of the potential for serious health problems if multiple tablets are consumed at once, especially by children. The tobacco industry response is that the current restrictions on the products, such as child-resistant packaging, placement behind the counter, age-restricted sales, and health warnings on packages, are sufficient and no further laws are needed. If passed, the sale of the dissolvable products would be restricted to stores where at least 90% of sales come from tobacco, most of which prohibit minors from entering. Read more here.

Smoking ban debate lights up again (MN)
Bills have been introduced in both the Minnesota House and Senate that would weaken the state’s three-year-old comprehensive smoke-free law to allow smoking in bars. Under the proposed legislation, bars that want to permit smoking would need to install a ventilation system within one to six years, with the timeline depending on the establishment’s percentage of sales from alcohol. Smoking would not be permitted in restaurants, but restaurants with separate bars could allow smoking if the bar area was separated by walls and a closed door. Because ventilation systems do not provide complete protection from secondhand smoke exposure, the American Cancer Society has begun a campaign to encourage the public to express their support for the existing smoke-free law. Click here to read more.

Mississippi Senate OKs stripped-down smoking ban bill (MS)
After rejecting a more comprehensive bill, the Mississippi Senate has approved legislation that slightly expands the list of public facilities that fall under the state’s smoke-free law. The bill adds state-owned or leased vehicles and public transportation shelters to the list of places where smoking is prohibited under the 2006 law, and also bans smoking within twenty feet of doors, ventilation systems, and windows of state buildings. The original bill sought to expand the smoke-free law to all public buildings, including businesses like restaurants, casinos, and bars. The bill now moves to the House. Click here to read more.

Budget panel chops tobacco-prevention funds, family planning (MT)
Members of a legislative budget panel in Montana have voted to recommend reallocating $15 million from the state’s tobacco prevention programs to fund nursing homes and health programs for the elderly. Currently, the tobacco prevention funds, a result of the Master Settlement Agreement, are used to run programs to prevent youth initiation and aid smokers in quitting. State law dictates that money from the settlement must go toward tobacco control, so the law would have to be changed in order to implement the reallocation. While not final, the recommendation a positive vote would be needed to reverse it. Read more here. Update: Montana DPHHS targeted for massive cuts The panel has continued to grapple over whether the state’s financial picture warrants funding cuts for a number of health and human services programs, including voter-approved initiatives like the tobacco prevention program. State budget hearings are expected to continue through late February. Click here to read more.

Smoking ban for beaches and parks is approved (NY)
The New York City Council has voted 36 to 12 to approve legislation that will completely ban smoking in the city’s parks, beaches, pedestrian malls, and plazas. A 2009 New York City Health Department study found that a higher percentage of city residents had a nicotine byproduct in their blood compared to a national sample, indicating a higher prevalence of exposure to secondhand smoke in the city. Proponents of the law believe it will reduce nonsmokers' exposure to secondhand smoke; those opposed to it believe it infringes on civil liberties. The bill will go into effect 90 days after Mayor Michael Bloomberg signs it. Bloomberg has clarified that police will not be enforcing the law; instead, Parks and Recreation employees will have a presence, and citizens are encouraged to pressure smokers to comply. Click here and here to read more.

State representative tries to ban 'e-cig' (NY)
Legislation has been introduced in New York State that would prohibit the sale of electronic cigarettes until they are approved by the Food and Drug Administration. Experts disagree on the safety and use of e-cigarettes, with some believing they are harmful, and others saying they may aid in smoking cessation by delivering nicotine without the carcinogens found in cigarettes. The bill’s sponsor, Linda Rosenthal, was successful in her earlier effort to ban the sale of e-cigarettes to minors. If the bill passes, New York will be the first state to ban the sale of e-cigarettes. Read more here.

Legislative update: North Dakota (ND)
Two bills in North Dakota that aimed to protect individuals from secondhand smoke have been rejected by legislature, and a third bill that would reallocate funds from the state’s tobacco control program is being considered by a House committee. ND smoke ban in cars with youngsters is rejected This bill would have prohibited smoking in cars while a child under the age of thirteen was present. The bill was given a “do not pass” recommendation by the state’s House Transportation Committee and was then defeated in a House vote. Senate kills bill offering incentive for bars to go no-smoking A bill before the Senate would have offered tax breaks to bars that voluntarily implement smoke-free policies, but the proposal was voted down amid concerns that it would discourage cities from enacting smoke-free ordinances. Bill divides medical community This bill, currently under consideration by the House Education Committee, would divert tobacco settlement funds from tobacco prevention programs in order to expand the University of North Dakota’s medical school. In order to reallocate the funds, the Legislature must overturn a measure passed by popular vote that requires the money to be put toward tobacco cessation and prevention programs.

Legislators say 70% of Texans favor a smoking ban (TX)
Citing the results of a recent survey indicating that the majority of Texans support smoke-free laws, lawmakers have introduced legislation that would prohibit smoking in indoor workplaces and public facilities. The responses of the 501 Texas voters showed that 85% thought secondhand smoke is dangerous, 70% would support a smoking ban, and 63% were more likely to vote for a candidate that supported such a ban. These views were consistent across political party lines. The proposed bill would cover all indoor workplaces, including restaurants and bars, but would exempt cigar bars and outdoor patios. Together with a coalition of public health agencies, the bill’s sponsors argue that all Texans should be protected from secondhand smoke at work. The bill’s opponents, who have rejected similar proposals in two past legislative sessions, say that a smoke-free law would be overly burdensome to private businesses. Click here to read more, or click here to get more information about the survey.

Utah lawmaker proposes bill to ban smoking with children in car (UT)
Utah Representative Patrice Arent has introduced a bill to the House that would prohibit smoking in cars when a child under the age of sixteen is present. The measure is intended to protect children from secondhand smoke, and Arent likens it to existing laws that ban smoking in public buildings, day care centers, and schools. Under the proposed bill, smoking with a child present in a car would be a secondary offense punishable by a fine of up to $45, which would be waived if the smoker enrolls in a smoking cessation class. Three similar bills have been rejected in Utah legislature in the past amid controversy over whether such legislation would violate parents’ rights. Click here to read more.

Smoking ban enforcement begins today (VI)
Four months after the law went into effect, enforcement of the Virgin Islands Smoke-Free Act has begun. The law prohibits smoking in almost all businesses, public buildings, and areas within twenty feet of places that provide public services. Smoking is still allowed in tobacco stores and private clubs as long as children under eighteen are not permitted to enter. Individuals violating the law will be fined $100 - $250 per violation, and businesses face penalties of $250 - $5,000. Click here for more information.

Legislative update: Washington (WA)
Lawmakers in Washington State are considering several tobacco control bills designed to protect children from secondhand smoke, provide smoking cessation treatments to smokers, and prohibit the sale of tobacco products that may attract children. Lawmaker wants to ban smoking in cars with children Senator Scott White has proposed a bill that would make smoking in a car with a minor under age 18 a secondary offense that would not be documented in a driver’s record or made available to insurance companies. The bill is currently being heard by the Senate Committee on Transportation, but White has requested that it be moved to the Senate Health and Long-Term Care Committee for consideration instead. Bill aims to help smokers A bill introduced by Senator Ed Murray would require private health insurance companies in Washington to cover smoking cessation treatments. Under the proposed law, insurance companies would have to cover at least two courses of cessation treatments per year, including counseling, over-the-counter drugs, and prescriptions. Bill targets flavored tobacco products Another bill under consideration would ban the sale of dissolvable tobacco products that have an aroma or flavor other than tobacco or menthol in a move to prevent children from initiating tobacco use. Additionally, all tobacco products would have to be kept in places not directly accessible to customers, and counties would be allowed to pass tobacco regulations that are stricter than state law.

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National

Senators call for baseball chewing tobacco ban
Senators Dick Durbin of Illinois and Frank Lautenberg of New Jersey have sent letters to Major League Baseball (MLB) leadership, requesting that they prohibit smokeless tobacco use in their venues and at their events. In the letters to MLB Commissioner Bud Selig and MLB Players Association Director Michael Weiner, the Senators emphasize the negative health consequences of tobacco use, the recent increase in smokeless tobacco use among high school boys, and the role MLB plays in attracting youth to smokeless tobacco by allowing players to use it. Another letter was sent to Washington Nationals pitcher Stephen Strasburg, commending him on his recent decision to quit using smokeless tobacco. While MLB recognizes the health hazards of smokeless tobacco use and encourages players to quit, any full ban on its use must be agreed upon by the Players Association. Click here to read more, or read the letters Durbin and Lautenberg sent to MLB.

Use of e-cigarettes not allowed on U.S. flights
The U.S. Department of Transportation will issue a formal regulation this spring that will prohibit the use of electronic cigarettes on airplanes. Senator Frank Lautenberg, author of the 1987 law that bans smoking on flights, had asked the Department of Transportation to clarify whether or not the policy applied to e-cigarettes. In a letter, Transportation Secretary Ray LaHood responded that the department has begun informing airlines that e-cigarettes are covered under the ban. Read more here.

Avis Budget group honored for pioneering landmark smoke-free rental car policy
Americans for Nonsmokers’ Rights (ANR) has awarded Avis Budget Group, Inc. with the “National Smoke-Free Business Award” in recognition of the company’s decision to become the first rental car company to offer a 100 percent smoke-free fleet. Avis Budget Group implemented its 100% smoke-free vehicle policy in 2009, and the policy applies to all Avis Rent A Car and Budget Rent A Car vehicles in the United States and Canada. The company was a leader in the rental car industry in implementing such a policy; other companies have since followed suit. Avis Budget recently announced that all of its North American facilities and properties will be 100% smoke-free starting in April 2011. Click here to read more.

No room at the inn for smokers? More hotels go smoke-free by choice or by law
According to a recent analysis by USA Today, more smoke-free hotels are available than ever before. Data from the American Automobile Association (AAA) show that more than 12,900 lodgings in the U.S. are completely smoke-free, an increase of almost 4,600 since 2008. The estimate is most likely lower than the actual number, as AAA only inspects about 31,000 of the over 50,800 lodgings in the country. In many cases, hotels have voluntarily made their facilities smoke-free as demand for smoking rooms declined and requests for smoke-free rooms increased. In other instances, local laws have restricted smoking in hotels completely or in a substantial proportion of their rooms; 27 states and 729 cities and counties currently specify a minimum percentage, usually 75% to 80%, of rooms a hotel must allocate as smoke-free. The trend toward smoke-free hotels began in 2006 and is expected to continue to grow. Click here to read the full story.

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International

China moves to reduce smoking scenes in films, TV dramas (China)
The State Administration of Radio, Film and Television (SARFT) of China has released a statement urging a reduction in depictions of smoking in the country’s movies and television programs. SARFT explains that frequent smoking scenes in the media run contrary to the country’s tobacco control goals and may attract people, especially youth, to smoking. The statement says that tobacco brands and depictions of smoking should not be allowed in scenes featuring youth, and scenes that do show smoking should be brief. SARFT also encouraged broadcasting and censoring agencies to intensify efforts in cutting smoking scenes from television and film. The report was developed in response to recent complaints regarding the country’s failure to comply with the World Health Organization’s Framework Convention on Tobacco Control, which China ratified in 2003. Read more here.

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