Policy

State

State senator seeks e-cig sales ban to minors (AZ)
Arizona Senator Steve Yarbrough has introduced legislation that would make it illegal to sell electronic cigarettes to minors in an effort to prevent youth from becoming addicted to nicotine. The proposed bill would make it a petty offense punishable by up to a $300 fine to sell e-cigarettes to minors or for minors to purchase the products. The bill has the support of the state’s Attorney General as well as several members of the e-cigarette industry, who agree that the products should be treated like tobacco and not be used by children. It has been granted approval by the Senate Committee of the Whole and will move on to a full Senate vote before being moved to the House. Click here to read more.

E-cigarette age limit signed into law (CO)
Colorado Governor John Hickenlooper has signed a bill that will prohibit the sale of e-cigarettes to minors. The bill updates the current definition of tobacco products to include e-cigarettes. Going forward, tobacco products will include any devices that deliver doses of nicotine and cartridges that are designed to deliver inhaled doses of substances containing nicotine. Colorado is the second state in the nation to place an age restriction on e-cigarette sales. Click here for more background about the issue, or click here to read more about the status of the bill.

Florida attempt to repeal preemption (FL)
This month, two proposals to repeal smoke-free preemption in Florida are under review. House Bill 211 had its first reading in a Health & Human Services Quality Subcommittee, while Senate Bill 1070 was referred to the Committees on Regulated Industries; Health Regulation; and Community Affairs. Both bills would only affect the ability of localities to enact smoke-free laws in outdoor areas, such as parks and beaches; laws relating to indoor areas would still be preempted by the state law. Click here for more information about the issue of smoke-free preemption.

Smoking ban for Florida prisoners begins in six months (FL)
The Florida Department of Corrections has released a statement indicating that all state prisons will become smoke-free by September 30, 2011. The main reason behind the rule is to reduce the cost of inmates’ smoking-related healthcare, which amounted to $8.7 million in state expenditures in 2010. The new rule will also result in a healthier and cleaner environment for the inmates and employees. Inmates will be notified 180 days in advance and will be offered cessation aid, such as the ability to purchase nicotine patches at prison canteens. Prison employees will only be allowed to smoke in designated areas outside the facilities. Read more here.

Anti-smoking forces push for casino ban in gambling bill (IA)
Iowa’s Senate is considering a bill that would prohibit smoking in casinos, which were exempted from the state’s 2008 smoke-free indoor air law. While proponents of the bill cite recent poll results showing that 63% of Iowan voters support eliminating smoking from casinos, gaming lobbyists are opposed to the measure due to concerns over economic losses to tribal-run casinos, which would still be exempt from the smoke-free law. The bill is currently being reviewed by the Senate Ways and Means subcommittee. Read more here. Related: 79% of Iowa voters agree - Smoke-free Air Act has made Iowa better New poll results suggest that Iowa voters strongly support the state’s Smoke-free Air Act; 79% of those polled say that the law has made Iowa a better place to live. The February poll surveyed 500 registered voters, asking questions about their support of the law and how the law has affected their behavior. The results indicate that 73% of voters do not want the law repealed and 63% think the law should be expanded to apply to non-tribal casinos. In addition, 42% of voters said they go to restaurants, bars, and bowling alleys more often than before the law was passed, and 79% patronize places they previously avoided due to secondhand smoke. Only 4% of voters said they would stop going to state casinos if they were made smoke-free. Click here to read more.

Bills to loosen smoking restrictions to be considered by Illinois House (IL)
The Illinois House is considering a pair of bills that would create exemptions to the state’s smoke-free indoor air laws. The first bill would permit casinos to allow smoking in their facilities in an effort to rectify a 31% decline in revenue since 2008. Opponents of this bill say that the potential increase in gambling revenue would not justify the health hazards of exposing employees to secondhand smoke. The second bill would let local governments issue smoking licenses to bars and other businesses that get less than 10% of their revenue from food service to allow local businesses more control. Those opposed argue that any economic benefit conferred by allowing smoking would not cover the healthcare costs associated with the secondhand smoke exposure that would occur. The House Executive Committee has approved both bills, which now await votes by the full House. Click here to read more.

Bill to ban smoking in casinos advances in Kansas House (KS)
The Kansas House Health and Human Services Committee has passed a bill that would extend the state’s current smoke-free air law to include casinos. The measure is an amended version of the original bill, which would have allowed bars that sold lottery tickets to be exempt from the statewide smoking ban. Casino operators argued that a smoking ban would reduce their business, and therefore cost the state 20-25% of the revenue they expected. The current law exempts a single state-owned casino due to concerns that the ban would cause a decline in revenue for the state. Click here for more information.

Lawmakers look to ban smoking in cars with kids (MD)
A bill that would prohibit smoking in cars containing a child under the age of eight is currently being considered in Maryland’s House Environmental Matters Committee. The measure is intended to protect children from secondhand smoke, as studies have found that smoking in a closed car results in levels of toxicity ten times what is regarded as safe by the U.S. Environmental Protection Agency (EPA). The bill has support from the Department of Health and Mental Hygiene and the Center for Tobacco Regulation at the University of Maryland School of Law. Opponents of the bill say that it is intrusive and makes health decisions for children that should be made by parents. Those found violating the law would be fined $50, which is meant to educate parents about the harms of secondhand smoke exposure. Click here to read more.

Lawmaker tried to cut Medicaid for Mainers who smoke (ME)
Maine Senator Tom Saviello has proposed a bill that would encourage the state to reduce tobacco use among Medicaid recipients after learning his original plan to deny smokers Medicaid benefits violated federal eligibility requirements. The first draft of the bill, which Saviello says was meant to stimulate discussion, not persecute smokers, would have prohibited smokers from receiving benefits through MaineCare, on the rationale that taxpayers should not have to pay for smoking-related medical expenses. Opponents of this measure noted that it would shift the costs of medical care to other parts of the healthcare system without addressing the problem. The newer version of the bill has the support of entities like the American Cancer Society of Maine, and focuses on tobacco cessation by creating a program to make MaineCare smokers more aware of local smoking cessation programs and resources. Read more about the proposed bills here.

Mo. lawmakers seek smoking ban on prison grounds (MO)
Bills have been proposed in both the Missouri House and Senate that would ban the use of any tobacco products on the grounds of state prisons. The rule would apply to inmates as well as prison employees, and is designed to reduce the cost of inmates’ healthcare for smoking related illnesses, such as cancer. Thirteen states currently ban the use of tobacco on correctional facility grounds. Click here to read more.

House overturns Measure 3 smoking cessation funding (ND)
After North Dakota voters passed a ballot measure in 2008 to require that 80% of the state’s tobacco settlement money be spent on tobacco cessation and prevention efforts, the state House has passed a bill to eliminate that legal requirement. Proponents of the bill claim that the Department of Health’s funding was being depleted because of the 80% requirement, and that the freed funds could be used in programs for other diseases. While lawmakers also voted to continue funding tobacco control efforts at the CDC-recommended level for the next two years, public health advocates believe the change may affect their ability to fund tobacco prevention programs in the future. The bill is now in the Senate, awaiting a vote. Read more here.

Bills aim to increase state control of tobacco (OR)
The Oregon House Health Care Committee is considering two bills that would give the state more power in regulating tobacco use. The first bill, House Bill 2726, would expand the state’s indoor smoke-free air law to include hookah lounges, which are currently operating under an exemption for smoke shops. The second proposal, House Bill 2233, would classify nicotine as a drug and would require individuals to obtain a prescription to access products containing it. This bill is sponsored by Representative Mitch Greenlick, who says he does not expect the bill to pass, but wanted to make the point that nicotine is an addictive substance which poses serious health threats. Both bills must pass committee to make it to a full House vote. Click here to read more.

Utah House says no smoking in cars with kids (UT)
A bill that would forbid smoking in cars when children under sixteen are present has been passed by the Utah House of Representatives. The bill was originally voted down by Utah’s House Transportation Committee, but was passed and sent to the full House by the Health and Human Services Committee. Critics of the bill argue that it would infringe upon the rights of parents in determining how they choose to raise their children and could create a slippery slope toward more intrusion. Those supporting the bill say it will protect the health and well-being of children. Violators of the law will be fined $45, which would be waived if the offender enrolls in a smoking cessation program. A similar bill passed the full House and a Senate committee last year. Read more here.

Wash. bill would OK sites for cigar, pipe smoking (WA)
Legislators in Washington State are considering a bill that would exempt tobacco retailers from the state’s comprehensive smoke-free air law. The bill would allow up to 100 cigar lounges and 500 retail tobacco stores to apply for licenses to allow cigar and pipe smoking in their establishments. Businesses applying for the licenses would pay $15,000 for a cigar lounge license and $5,000 for a tobacco store license; these fees would generate an estimated $240,000 for healthcare support funds. Supporters of the bill say that it would bring in necessary revenue while helping businesses, and that many states have exemptions for particular businesses in their smoke-free air laws. The bill’s opponents argue that the law would harm the public’s health and goes against the wishes of voters, who chose to ban smoking in public places in 2005. The bill was moved out of the Labor, Commerce and Consumer Protection Committee with no recommendation and will next be reviewed by the Ways and Means Committee. Click here and here to read more.

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National

Leading health groups launch national campaign for tobacco-free baseball
Ten national medical and public health groups have launched a campaign, “Knock Tobacco Out of the Park,” to encourage Major League Baseball and the Major League Baseball Players Association to make major league ballparks tobacco-free. The groups say that baseball players set a poor example for their young fans by using tobacco during games. The online campaign includes a new website and social media tools to involve baseball fans and others in telling Major League Baseball to go tobacco-free. This year, Major League Baseball and the players’ union are negotiating an agreement that could make ballparks tobacco-free in 2012. Click here to learn more, or click here to visit the Tobacco Free Baseball website.

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International

Belgium bans smoking in cafes, casinos (Belgium)
Belgium will be expanding its smoking ban to include casinos and cafes starting July 1. The country’s current smoke-free law, enacted in 2009, prohibits smoking in workplaces, restaurants, and pubs that serve food, but exempts establishments that only serve snacks. According to the law, these exemptions were scheduled to end between 2012 and 2014, but pressure from the Flemish Anti-Cancer League encouraged Belgium’s constitutional court to implement the measure sooner. The court made the decision based on the reasoning that there was not sufficient evidence that the exempted facilities would be harmed by the smoking ban, it was unfair to exempt certain facilities, and that expanding the law would protect the health of employees and nonsmoking patrons. Click here to read more.

China to ban smoking at indoor public places (China)
The Chinese government has announced a plan to prohibit smoking in all indoor public places starting in May. Businesses will be required to display no-smoking signs, cigarette vending machines will be forbidden, and outdoor smoking areas will be designated, although specific penalties have not been suggested for violations. China is the world’s largest cigarette producer, and is home to over 300 million smokers. Read more here.

U.K. plans to end display, promotion of tobacco in stores (England)
As part of a new comprehensive tobacco control plan, England will be banning the promotion and display of tobacco products in stores and is considering requiring tobacco products to be sold in plain packaging. The rules are designed to reduce smoking rates by preventing children from initiating smoking and encouraging smokers to quit. Opponents of the laws, including tobacco companies, say there is no evidence that display bans and plain packaging would affect youth smoking and that these measures would promote cigarette counterfeiting and illegal markets. Antismoking advocates counter that eye-catching tobacco displays entice young people to start smoking. The display ban will go into effect in April 2012 for large stores and April 2015 for smaller stores. Click here to read more, or download the full plan, Healthy Lives, Healthy People: A Tobacco Control Plan for England.

Honduras law lets police be called on home smokers (Honduras)
A new law has gone into effect in Honduras that prohibits smoking in most public and private enclosed spaces, in some cases including private residences. The law names schools, gas stations, clubs, restaurants, bars, buses, taxis, stadiums, and cultural centers as places where smoking is forbidden. While the law does not explicitly ban smoking in private homes, it does allow for individuals to file complaints with law enforcement if they are unwillingly exposed to secondhand smoke in a home. Additionally, the law prohibits all tobacco advertising and requires graphic health warnings to be placed on cigarette packages. The World Health Organization praises the new law, but says that the clause allowing families to file complaints about smoking in the home may be confusing. Others say it is not feasible to enforce the law, given the relatively low numbers of police officers in the country. Read more here.

Govt commits to smoke-free NZ by 2025 (New Zealand)
The government of New Zealand has announced a commitment to making the country smoke-free by 2025 after hearing recommendations from the Maori Affairs Committee Report regarding the effects of tobacco use among the indigenous Maori population. In addition to the smoke-free goal, the government has pledged to research policy changes surrounding the promotion, packaging and display of tobacco products and sales to minors. Research into the use of additives and nicotine levels in products will also be conducted. The government will not force the tobacco industry to pay for smoking cessation programs, or require tobacco vendors to be over age eighteen. Click here to read more.

Venezuela cancels smoking ban (Venezuela)
The day after it was enacted, Venezuela’s Ministry of Health annulled a law that would have prohibited smoking in public places and workplaces. Venezuela had few anti-tobacco laws prior to the February 23 smoke-free law. The tobacco industry is a large employer and one of the principal taxpayers in the country, and it is estimated that up to half of Venezuelans smoke. No official explanation has been given as to why the law was annulled. Click here to read more.

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