From: smokefree-talk@googlegroups.com on behalf of Liz Williams <liz.williams@no-smoke.

org> Sent: Friday, March 19, 2010 8:36 PM To: smokefree-talk@googlegroups.com Subject: [Smokefree-Talk] Preemption Watch Bill Tracking Summary: 3/19/2010 Preemption Watch Weekly Bill Tracking Summary of U.S. State Bills www.protectlocalcontrol.org March 19, 2009 ANR tracks pending legislation relating to states' smokefree air policies as part of the continued fight to prevent preemptive legislation before it can be passed and to overturn preemption in states where it is already in place. Since even a strong bill can become preemptive at any point in the legislative process, it is very important to track even the best bills throughout the entire legislative session and keep a watchful eye out for all attempts to remove local control. In 2010, consider setting up a Preemption Strike Force to help combat tobacco industry legislative tricks by allowing for quick and easy communication among proponents of local control. Learn how at http://www.nosmoke.org/pdf/preemptionstrikeforce.pdf. Below is a listing of state bills that have been introduced in state legislatures. Please visit the www.protectlocalcontrol.org and click on the state of your choice to view the summary, text, and status of pending bills. Please email ANR with any new information regarding pending legislation and preemption attempts in your state and we will analyze and summarize the legislation. The new and pending legislative bills are classified below into seven categories to clearly delineate which bills will protect public health and should be supported from those that should be opposed because they do not effectively protect public health, weaken a strong law, or intend to preempt local control. New bills and changes in bill status since the last update appear in bold. Strong: Bill includes 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; strengthens existing smokefree laws; or repeals preemption. Weak: Bill includes ventilation, smoking rooms, or other key exemptions. Weakens: Bill weakens a current strong 100% smokefree law. Preemptive: Bill contains preemptive language that removes the right to local control. Vehicles: Bill addresses smoking in vehicles with children present. Outdoor: Bill primarily addresses smoking in outdoor locations. Other: Bills contain other provisions and should be watched. · The following states have strong bills that include 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; OR repeals preemption: Alabama: HB615 (workplaces, restaurants, bars and gaming) Alaska : HB304 (workplaces, restaurants, bars and gaming) Connecticut: SB245 (workplaces)-Favorable vote in Public Health Committee Indiana : SB175 (workplaces, restaurants, bars)-Session Adjourned; HB1132 (workplaces, restaurants, bars)-Session Adjourned Iowa: HF6 (casinos)-Carried over to 2010; HF174 (casinos and patios)-Carried over to 2010 Kansas: SB25 (workplaces, restaurants and bars)-Substitute introduced addressing different topic area; HB2221
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(workplaces, restaurants and bars)-Signed by Governor Michigan : HB4099 (workplaces and restaurants)-Carried over to 2010; SB79 (workplaces, restaurants and bars)Carried over to 2010; SB114 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4196 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4341 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB5077 (preemption repeal)-Carried over to 2010; HB5283 (workplaces, restaurants and bars)-Carried over to 2010 Missouri: HB1766 (workplaces, restaurants and bars); SB904 (workplaces, restaurants, bars and gaming)-Committee hearing held on 2/22 New Hampshire: HB1475 (workplaces and public places)-Majority Report: Inexpedient to Legislate New Jersey: A1062 (casinos); S423 (casinos) New York: S03388 (tribal gaming)-Carried over to 2010; Referred to Investigations and Government Operations Committee Oklahoma: HB1040 (preemption repeal)-Carried over to 2010; HB1728 (workplaces, restaurants and bars)-Carried over to 2010; SB925 (preemption repeal)-Second Reading referred to Rules; HB2343 (workplaces, restaurants and bars)-Second Reading referred to Public Health; SB1809 (workplaces, restaurants and bars)-Second Reading referred to Appropriations Pennsylvania: HB58 (preemption repeal)-Re-committed to House Appropriations Committee; SB113 (restaurants and bars; preemption repeal)-Carried over to 2010; HB1245 (bars; preemption repeal)-Carried over to 2010; SB898 (partial preemption repeal)-Carried over to 2010 Tennessee: HB0017/SB1799 (restaurants and bars)-Carried over to 2010 Vermont: H0118 (workplaces)-Carried over to 2010 Virginia: HB1351 (publicly owned buildings)-Session Adjourned West Virginia: SB360 (workplaces, restaurants, bars and gaming) Wisconsin: AB253 (workplaces, restaurants, and bars)-Carried over to 2010 · The following states have weak bills that include ventilation, smoking rooms, size exemptions, or other major faults or exemptions: Alabama: HB720 (restaurants); SB541 (restaurants) Michigan : HB4752 (trigger with tribal gaming)-Carried over to 2010; SB469 (ballot requirement)-Carried over to 2010; HB5535 (tax credit)-Carried over to 2010; HB5637 (smoking areas)-Carried over to 2010 Oklahoma: HB1311 (age restriction)-Carried over to 2010; SB1036 (task force)-Carried over to 2010 South Carolina: H3091 (restaurants and bars)-Carried over to 2010; H3113 (restaurants and bars)-Carried over to 2010; H3523 (workplaces)-Carried over to 2010; S38 (restaurants and bars)-Carried over to 2010 Tennessee: SB431 (signage) West Virginia: HB4507 (appeals of smokefree laws) · The following states have bills that create exemptions that weaken a current strong law: D.C.: B18-0084 (exemption); B18-0670 (special event exemption)-Signed by Mayor; B18-0671 (special event exemption)-Approved; not signed by Mayor; PR18-0744 (special event exemption resolution)-Approved; not signed by Mayor Hawaii: SB1347 (smoking license exemption)-Carried over to 2010 Illinois: HB1145 (smoking licenses)-Carried over to 2010; SB1836 (theatrical exemption)-Carried over to 2010; HB6158 (religious exemption)-Placed on Calendar Order of 3rd Reading Iowa: HF44 (bar patios)-Carried over to 2010; HF210 (age exemption)-Carried over to 2010; HF358 (bar exemption)Carried over to 2010; HF544 (elimination of signage requirement)-Carried over to 2010; HF731 (residential treatment exemption)-Carried over to 2010; HF2227 (veteran's club exemption) Kansas: HB2741 (exemptions)-Referred to Federal and State Affairs Michigan : HB5803 (smoking room exemption) Minnesota: HF257/SF270 (bar and bar area of restaurant exemption)-Carried over to 2010; HF2046-(hookah exemption)-Carried over to 2010; SF898-(smoking break rooms)-Carried over to 2010 New Jersey: A461 (tobacco business exemption) Ohio : SB120 (cigar bar and family bar exemption)-Carried over to 2010
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Pennsylvania: HB1146 (fire company exemption)-Carried over to 2010; HB1147 (church exemption)-Carried over to 2010 Tennessee: HB0163/SB0863 (age restriction)-HB0163 placed on calendar in Agriculture Committee for 3/23; HB441/SB412 (age restriction)-Carried over to 2010 Wisconsin: SB225 (hotel exemption)-Carried over to 2010; AB295 (hotel exemption)-Carried over to 2010 · The following states have preemptive bills: Hawaii: HB2691 (preemptive bar exemption)-Committees recommend measure be deferred; HB2742 (preemptive bar and attached bar exemption); SB2794 (preemptive bar exemption); SB2801 (preemptive bar exemption) Illinois: HB5997 (preemptive)-Tabled By Sponsor Indiana : HB1131 (workplaces, restaurant)-Session Adjourned Iowa: HF362 (preemption; repeals smokefree law)-Carried over to 2010 Kansas: SB81 (preemption; minors only and smoking areas)-Carried over to 2010; HB2642 (preemption)-Withdrawn from Appropriations and Referred to Health and Human Services Massachusetts: HB2176 (preemptive exemptions)-Carried over to 2010 New York: A08982 (retail tobacco shop exemption and preemption)-Referred to Economic Development Committee; S06179 (retail tobacco store exemption and preemption)-Advanced to 3rd Reading West Virginia: HB2855 (preemption)-Carried over to 2010; HB2932 (preemptive)-Passed House Political Subdivisions Committee, sent to Judiciary Committee · The following states have bills that address smoking in vehicles when children are present: Arizona: HB2076 (vehicles with minors) Florida: HB1141 (vehicles with minors); S2596 (vehicles with minors) Hawaii: HB1952 (vehicles with minors)-Passed First Reading and Sent to Health and Judicial Committees Illinois: HB889 (vehicles with minors)-Rule 19(a) / Re-referred to Rules Committee Massachusetts: HB3233 (vehicles with minors)-Carried over to 2010; HB3475 (vehicles with minors)-Carried over to 2010; SB1902 (vehicles with minors)-Carried over to 2010 Minnesota: HF379/SF359 (vehicles with minors)-HF379 has hearing on 3/17 New Jersey: A1591/S475 (vehicles with minors) New York: A06288 (vehicles with minors)-Carried over to 2010; Referred to Health Committee; A06714 (vehicles with minors)-Carried over to 2010; Referred to Health Committee; S03191 (vehicles with minors)-Carried over to 2010; Referred to Health Committee Ohio : SB135 (vehicles with minors)-Carried over to 2010 Pennsylvania: HB359 (vehicles with minors)-Carried over to 2010 South Carolina: H3023 (vehicles with minors)-Carried over to 2010; H3082 (vehicles with minors)-Carried over to 2010; H3317 (vehicles with minors)-Carried over to 2010; H3445 (vehicles with minors)-Carried over to 2010; S23 (vehicles with minors)-Carried over to 2010 Tennessee: SB0495 (vehicles with minors)-Carried over to 2010; HB727/SB1550 (vehicles with minors)-Carried over to 2010 Utah : HB82 (vehicles with minors)-Session Adjourned Virginia : HB186 (vehicles with minors)-Session Adjourned Washington: HB1151 (vehicles with minors)-By resolution, reintroduced and retained in present status · The following states have bills primarily addressing smoking in outdoor locations: California: SB4 (parks/beaches)-Vote failed on Assembly floor; will be heard again March 22 District of Columbia: B18-042-(reasonable distance)-Passed Final Reading Hawaii: HB68 (sidewalks)-Carried over to 2010; HB171 (parks and beaches)-Carried over to 2010; HB1509 (beaches)-Carried over to 2010; SB1040 (beaches)-Carried over to 2010; SB2071 (beaches, parks and bus stops)-Deferred by the Health Committee Massachusetts: HB2162 (reasonable distance)-Carried over to 2010 Michigan: SB906 (state capitol grounds)-Carried over to 2010
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Missouri: HB1277 (school property) New Hampshire: HB1186 (parks)-Refer to Interim Study; HB1194 (beaches)-Refer to Interim Study New Jersey: S443 (outdoor public places)-On Hold; S684 (youth; outdoors); A2172/S669 (parks and beaches)-S669 on Hold; A1853/S1522 (state parks and beaches); S889 (state-owned beaches)-On Hold New York: A00577 (reasonable distance)-Carried over to 2010; Referred to Health Committee; A01137 (playgrounds)-Passed Assembly and sent to Senate; A01837-(parks and beaches)-Carried over to 2010; Referred to Health Committee; A07362 (reasonable distance)-Carried over to 2010; Referred to Health Committee; S05005 (playgrounds)-Carried over to 2010; Referred to Health Committee Tennessee: SB3719/HB3748 (library grounds)-HB3748 Placed on calendar in Agriculture Committee for 03/23; Action Deferred on SB3719 Vermont : H0046 (reasonable distance)-Carried over to 2010; H501 (government building grounds); H568 (reasonable distance) · The following states have other provisions and should be watched: Connecticut: SB264 (day care facilities)-Favorable vote in Public Health Committee Hawaii: HB66 (public housing)-Carried over to 2010; HB67 (housing)-Carried over to 2010; HB886 (compliance)Carried over to 2010; HB1486 (prisons)-Carried over to 2010; HB1579 (prisons)-Carried over to 2010; SB56 (compliance)-Carried over to 2010; SB455 (public housing)-Carried over to 2010; SB596 (housing)-Carried over to 2010; SB1050 (beaches)-Carried over to 2010 Iowa : HF2015 (gaming exemption referenda) Illinois: HB3176 (technical amendment)-Carried over to 2010; SB851 (technical amendment)-Referred to Rules Committee; SB2314 (technical amendment)-Carried over to 2010; HB5524 (enforcement change)-Referred to Rules Committee; SB3591 (enforcement change); SB3174 (electronic cigarettes)-Passed Senate, in House Rules Committee Maryland : SB989 (e-cigarettes in public places) Massachusetts: HB1875 (workplace smoking)-Carried over to 2010; HB1181 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB1243 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB2054 (tobacco free pharmacies)-Carried over to 2010; S813 (tobacco free pharmacies)-Bill reported favorably from the Joint Committee on Public Health Michigan: HB4100 (compliance)-Carried over to 2010; HB4419 (compliance)-Carried over to 2010; HB5284 (workplace liability)-Carried over to 2010 Minnesota: HF1142 (psychiatric hospitals)-Carried over to 2010 Mississippi: SB2644 (youth recreation)-Passed House and Returned For Concurrence to Senate Nebraska : LB861 (technical amendment)-Advanced to Enrollment New Hampshire: HB1541 (e-cigarettes at educational facilities)-Amended and Passed in House Committee New Jersey: A512 (state vehicles); S446 (housing) New York: S1234 (tobacco free pharmacies)-Carried over to 2010; Referred to Health Committee; A05890 (tobacco free pharmacies)-Carried over to 2010; Referred to Health Committee; A06542 (public housing)-Carried over to 2010; Referred to Health Committee; S03242 (playgrounds)-Carried over to 2010; Referred to Health Committee; A08700 (housing)-Carried over to 2010; Referred to Judiciary Committee Oklahoma: HB2748 (educational facilities)-Second Reading referred to Appropriations in Senate; SB1674 (educational facilities)-Second Reading referred to Public Health in House; SB1826 (name change)-Second Reading referred to Rules Rhode Island: HB7012 (tobacco-free health care facilities); HB7153 (smoking bar restriction)-Committee recommended measure be held for further study; SB2204 (smoking bar restriction) South Carolina: S31 (schools)-Carried over to 2010 Utah : HB71 (e-cigarette restrictions)-Session Adjourned; HB88 (e-cigarette restrictions)-Sent to the Governor Washington: HB2257 (tobacco-free health care)-By resolution, reintroduced and retained in present status West Virginia: SB24 (tobacco free pharmacies); HB4498 (state capitol) Legislation Enacted this Year

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New Jersey: A4227/A4228 (e-cigarettes in public places)-Signed by Governor Pennsylvania: SB711 (gaming exemption; preemption)-Signed by the Governor

Summaries of all NEW bills are listed below: (All other pending bill summaries are on individual state pages on www.protectlocalcontrol.org) Alabama HB615-(workplaces, restaurants, bars and gaming)-An Act to establish the Alabama Smokefree Air Act of 2010 http://alisondb.legislature.state.al.us/acas/searchableinstruments/2010rs/bills/hb615.htm http://alisondb.legislature.state.al.us/acas/ACASLogin.asp?SESSION=1051 (Click "Bills," then click "Status," & insert bill number) This bill would prohibit smoking in enclosed public places and places of employment, including restaurants, bars, gaming facilities, some outdoor areas, and within 15 to 20 feet of doorways. Preemptive: No Anti-Preemption Clause: No EXCEPTIONS: Smoking is allowed in private residences except if used as a child/adult/health care facility; 20% of hotels/motel rooms; and outdoor places of employment not covered by the bill. HB720-(restaurants)-An Act relating to the Alabama Clean Indoor Air Act http://alisondb.legislature.state.al.us/acas/searchableinstruments/2010rs/bills/hb720.htm http://alisondb.legislature.state.al.us/acas/ACASLogin.asp?SESSION=1051 (Click "Bills," then click "Status," & insert bill number) This bill would prohibit smoking in restaurants. Preemptive: No Anti-Preemption Clause: No SB541-(restaurants)-An Act relating to the Alabama Clean Indoor Air Act http://alisondb.legislature.state.al.us/acas/searchableinstruments/2010rs/bills/sb541.htm http://alisondb.legislature.state.al.us/acas/ACASLogin.asp?SESSION=1051 (Click "Bills," then click "Status," & insert bill number) This bill would prohibit smoking in restaurants. Preemptive: No Anti-Preemption Clause: No Illinois SB3174-(electronic cigarettes)-An Act concerning criminal law-Passed Senate, in House Rules Committee http://www.ilga.gov/legislation/fulltext.asp? DocName=&SessionId=76&GA=96&DocTypeId=SB&DocNum=3174&GAID=10&LegID=50923&SpecSess=&Session = http://www.ilga.gov/legislation/billstatus.asp? DocNum=3174&GAID=10&GA=96&DocTypeID=SB&LegID=50923&SessionID=76 This bill says that electronic cigarettes, which are defined as a product containing or delivering nicotine intended or expected for human consumption that is not a tobacco product, shall not be distributed or sold in Illinois or to Illinois consumers unless it has been approved by FDA. Preemptive: No Anti-Preemption Clause: No Kansas

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HB2741-(exemptions)-An Act relating to smoking and cigarette sales-Referred to Federal and State Affairs http://www.kslegislature.org/bills/2010/2741.pdf http://www.kslegislature.org/legsrv-legisportal/index.do This bill amends the newly enacted smokefree workplace, restaurant, and bar law to create a number of changes to weaken the law. The bill changes the effective date from July 2010 to January 2011, would reduce distance to doorways provision at bars to 3 feet instead of 10 feet, allow smoking at charitable smoking events, allow smoking at any private club not just those in operation as of 1/1/2009, and allow smoking in bars with lottery sales. Preemptive: No Anti-Preemption Clause: No

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440.

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440. </

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From: smokefree-talk@googlegroups.com on behalf of Liz Williams <liz.williams@no-smoke.org> Sent: Friday, March 26, 2010 8:03 PM To: smokefree-talk@googlegroups.com Subject: [Smokefree-Talk] Preemption Watch Bill Tracking Summary: 3/26/10 Preemption Watch Weekly Bill Tracking Summary of U.S. State Bills www.protectlocalcontrol.org March 26, 2009 ANR tracks pending legislation relating to states' smokefree air policies as part of the continued fight to prevent preemptive legislation before it can be passed and to overturn preemption in states where it is already in place. Since even a strong bill can become preemptive at any point in the legislative process, it is very important to track even the best bills throughout the entire legislative session and keep a watchful eye out for all attempts to remove local control. In 2010, consider setting up a Preemption Strike Force to help combat tobacco industry legislative tricks by allowing for quick and easy communication among proponents of local control. Learn how at http://www.nosmoke.org/pdf/preemptionstrikeforce.pdf. Below is a listing of state bills that have been introduced in state legislatures. Please visit the www.protectlocalcontrol.org and click on the state of your choice to view the summary, text, and status of pending bills. Please email ANR with any new information regarding pending legislation and preemption attempts in your state and we will analyze and summarize the legislation. The new and pending legislative bills are classified below into seven categories to clearly delineate which bills will protect public health and should be supported from those that should be opposed because they do not effectively protect public health, weaken a strong law, or intend to preempt local control. New bills and changes in bill status since the last update appear in bold. Strong: Bill includes 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; strengthens existing smokefree laws; or repeals preemption. Weak: Bill includes ventilation, smoking rooms, or other key exemptions. Weakens: Bill weakens a current strong 100% smokefree law. Preemptive: Bill contains preemptive language that removes the right to local control. Vehicles: Bill addresses smoking in vehicles with children present. Outdoor: Bill primarily addresses smoking in outdoor locations. Other: Bills contain other provisions and should be watched. · The following states have strong bills that include 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; OR repeals preemption: Alabama: HB615 (workplaces, restaurants, bars and gaming) Alaska : HB304 (workplaces, restaurants, bars and gaming) Connecticut: SB245 (workplaces)-Amended, favorably reported out of Legislative Commissioners' Office, and put on Senate calendar Iowa: HF6 (casinos)-Carried over to 2010; HF174 (casinos and patios)-Carried over to 2010 Kansas: SB25 (workplaces, restaurants and bars)-Substitute introduced addressing different topic area Michigan: HB4099 (workplaces and restaurants)-Carried over to 2010; SB79 (workplaces, restaurants and bars)file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2032610.html[8/19/2011 2:33:08 AM]

Carried over to 2010; SB114 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4196 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4341 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB5077 (preemption repeal)-Carried over to 2010; HB5283 (workplaces, restaurants and bars)-Carried over to 2010 Missouri: HB1766 (workplaces, restaurants and bars); SB904 (workplaces, restaurants, bars and gaming)-Committee hearing held on 2/22 New Jersey: A1062 (casinos); S423 (casinos) New York: S03388 (tribal gaming)-Referred to Investigations and Government Operations Committee Oklahoma: HB1040 (preemption repeal)-Carried over to 2010; HB1728 (workplaces, restaurants and bars)-Carried over to 2010; SB925 (preemption repeal)-Second Reading referred to Rules; HB2343 (workplaces, restaurants and bars)-Second Reading referred to Public Health; SB1809 (workplaces, restaurants and bars)-Second Reading referred to Appropriations Pennsylvania: HB58 (preemption repeal)-Re-committed to House Appropriations Committee; SB113 (restaurants and bars; preemption repeal)-Carried over to 2010; HB1245 (bars; preemption repeal)-Carried over to 2010; SB898 (partial preemption repeal)-Carried over to 2010 Tennessee: HB0017/SB1799 (restaurants and bars)-Carried over to 2010 Vermont: H0118 (workplaces)-Carried over to 2010 West Virginia: SB360 (workplaces, restaurants, bars and gaming) Wisconsin: AB253 (workplaces, restaurants, and bars)-Carried over to 2010 · The following states have weak bills that include ventilation, smoking rooms, size exemptions, or other major faults or exemptions: Alabama: HB720 (restaurants); SB541 (restaurants) Michigan: HB4752 (trigger with tribal gaming)-Carried over to 2010; SB469 (ballot requirement)-Carried over to 2010; HB5535 (tax credit)-Carried over to 2010; HB5637 (smoking areas)-Carried over to 2010 Oklahoma: HB1311 (age restriction)-Carried over to 2010; SB1036 (task force)-Carried over to 2010 South Carolina: H3091 (restaurants and bars)-Carried over to 2010; H3113 (restaurants and bars)-Carried over to 2010; H3523 (workplaces)-Carried over to 2010; S38 (restaurants and bars)-Carried over to 2010 Tennessee: SB431 (signage) West Virginia: HB4507 (appeals of smokefree laws) · The following states have bills that create exemptions that weaken a current strong law: D.C.: B18-0084 (exemption) Hawaii: SB1347 (smoking license exemption)-Carried over to 2010 Illinois: HB1145 (smoking licenses)-Carried over to 2010; SB1836 (theatrical exemption)-Carried over to 2010; HB6158 (religious exemption)-Placed on Calendar Order of 3rd Reading Iowa : HF44 (bar patios)-Carried over to 2010; HF210 (age exemption)-Carried over to 2010; HF358 (bar exemption)Carried over to 2010; HF544 (elimination of signage requirement)-Carried over to 2010; HF731 (residential treatment exemption)-Carried over to 2010; HF2227 (veteran's club exemption) Kansas: HB2741 (exemptions)-Referred to Federal and State Affairs Michigan: HB5803 (smoking room exemption) Minnesota: HF257/SF270 (bar and bar area of restaurant exemption)-Carried over to 2010; HF2046-(hookah exemption)-Carried over to 2010; SF898-(smoking break rooms)-Carried over to 2010 New Jersey: A461 (tobacco business exemption) Ohio : SB120 (cigar bar and family bar exemption)-Carried over to 2010 Pennsylvania: HB1146 (fire company exemption)-Carried over to 2010; HB1147 (church exemption)-Carried over to 2010 Tennessee: HB0163/SB0863 (age restriction)-Agriculture Committee referred HB0163 to general subcommittee; HB441/SB412 (age restriction)-Carried over to 2010 Wisconsin: SB225 (hotel exemption)-Carried over to 2010; AB295 (hotel exemption)-Carried over to 2010 · The following states have preemptive bills:
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Hawaii: HB2691 (preemptive bar exemption)-Committees recommend measure be deferred; HB2742 (preemptive bar and attached bar exemption); SB2794 (preemptive bar exemption); SB2801 (preemptive bar exemption) Iowa : HF362 (preemption; repeals smokefree law)-Carried over to 2010 Kansas: SB81 (preemption; minors only and smoking areas)-Carried over to 2010; HB2642 (preemption)-Withdrawn from Appropriations and Referred to Health and Human Services Massachusetts: HB2176 (preemptive exemptions)-Carried over to 2010 New York: A08982 (retail tobacco shop exemption and preemption)-Referred to Economic Development Committee; S06179 (retail tobacco store exemption and preemption)-Advanced to 3rd Reading West Virginia: HB2855 (preemption)-Carried over to 2010; HB2932 (preemptive)-Passed House Political Subdivisions Committee, sent to Judiciary Committee · The following states have bills that address smoking in vehicles when children are present: Arizona: HB2076 (vehicles with minors) Florida: HB1141 (vehicles with minors)-Workshopped in Roads, Bridges, & Ports Policy Committee; S2596 (vehicles with minors) Hawaii: HB1952 (vehicles with minors)-Passed First Reading and Sent to Health and Judicial Committees Illinois: HB889 (vehicles with minors)-Rule 19(a) / Re-referred to Rules Committee Massachusetts: HB3233 (vehicles with minors)-Carried over to 2010; HB3475 (vehicles with minors)-Carried over to 2010; SB1902 (vehicles with minors)-Carried over to 2010 Minnesota: HF379/SF359 (vehicles with minors)-HF379 has hearing on 3/17 New Jersey: A1591/S475 (vehicles with minors) New York: A06288 (vehicles with minors)-Referred to Health Committee; A06714 (vehicles with minors)-Referred to Health Committee; S03191 (vehicles with minors)-Referred to Health Committee Ohio : SB135 (vehicles with minors)-Carried over to 2010 Pennsylvania: HB359 (vehicles with minors)-Carried over to 2010 South Carolina: H3023 (vehicles with minors)-Carried over to 2010; H3082 (vehicles with minors)-Carried over to 2010; H3317 (vehicles with minors)-Carried over to 2010; H3445 (vehicles with minors)-Carried over to 2010; S23 (vehicles with minors)-Carried over to 2010 Tennessee: SB0495 (vehicles with minors)-Carried over to 2010; HB727/SB1550 (vehicles with minors)-Carried over to 2010 Washington: HB1151 (vehicles with minors)-By resolution, reintroduced and retained in present status · The following states have bills primarily addressing smoking in outdoor locations: California: SB4 (parks/beaches)-Passed Assembly, returned to Senate and in unfinished business District of Columbia: B18-042-(reasonable distance)-Sent to the Mayor Hawaii: HB68 (sidewalks)-Carried over to 2010; HB171 (parks and beaches)-Carried over to 2010; HB1509 (beaches)-Carried over to 2010; SB1040 (beaches)-Carried over to 2010; SB2071 (beaches, parks and bus stops)-Deferred by the Health Committee Massachusetts: HB2162 (reasonable distance)-Carried over to 2010 Michigan: SB906 (state capitol grounds)-Carried over to 2010 Missouri: HB1277 (school property) New Hampshire: HB1186 (parks)-Refer to Interim Study; HB1194 (beaches)-Refer to Interim Study New Jersey: S443 (outdoor public places)-On Hold; S684 (youth; outdoors); A2172/S669 (parks and beaches)-S669 on Hold; A1853/S1522 (state parks and beaches); S889 (state-owned beaches)-On Hold New York: A00577 (reasonable distance)-Referred to Health Committee; A01137 (playgrounds)-Passed Assembly and sent to Senate; A01837-(parks and beaches)-Referred to Health Committee; A07362 (reasonable distance)Referred to Health Committee; S05005 (playgrounds)-Referred to Health Committee; S07098 (transportation platforms) Tennessee: SB3719/HB3748 (library grounds)-HB3748 referred to general subcommittee in Agriculture Committee; SB3719 placed on Commerce, Labor & Agriculture Committee calendar 3/29 Vermont : H0046 (reasonable distance)-Carried over to 2010; H501 (government building grounds); H568 (reasonable
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distance) · The following states have other provisions and should be watched: Connecticut: SB264 (day care facilities)-Favorably reported out of Legislative Commissioners' Office, and put on Senate calendar Hawaii: HB66 (public housing)-Carried over to 2010; HB67 (housing)-Carried over to 2010; HB886 (compliance)Carried over to 2010; HB1486 (prisons)-Carried over to 2010; HB1579 (prisons)-Carried over to 2010; SB56 (compliance)-Carried over to 2010; SB455 (public housing)-Carried over to 2010; SB596 (housing)-Carried over to 2010; SB1050 (beaches)-Carried over to 2010 Iowa : HF2015 (gaming exemption referenda) Illinois: HB3176 (technical amendment)-Carried over to 2010; SB851 (technical amendment)-Referred to Rules Committee; SB2314 (technical amendment)-Carried over to 2010; HB5524 (enforcement change)-Referred to Rules Committee; SB3591 (enforcement change); SB3174 (electronic cigarettes)-Passed Senate, in House Rules Committee Maryland: SB989 (e-cigarettes in public places) Massachusetts: HB1875 (workplace smoking)-Carried over to 2010; HB1181 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB1243 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB2054 (tobacco free pharmacies)-Carried over to 2010; S813 (tobacco free pharmacies)-Bill reported favorably from the Joint Committee on Public Health Michigan: HB4100 (compliance)-Carried over to 2010; HB4419 (compliance)-Carried over to 2010; HB5284 (workplace liability)-Carried over to 2010 Minnesota: HF1142 (psychiatric hospitals)-Carried over to 2010 Mississippi: SB2644 (youth recreation)-House and Senate Conference Committee members appointed Nebraska : LB861 (technical amendment)-Advanced to Enrollment New Hampshire: HB1541 (e-cigarettes at educational facilities)-Amended and Passed in House Committee New Jersey: A512 (state vehicles); S446 (housing) New York: S1234 (tobacco free pharmacies)-Referred to Health Committee; A05890 (tobacco free pharmacies)Referred to Health Committee; A06542 (public housing)-Referred to Health Committee; S03242 (playgrounds)Referred to Health Committee; A08700 (housing)-Referred to Judiciary Committee Oklahoma: HB2748 (educational facilities)-Amended and passed Senate Appropriations Committee; SB1674 (educational facilities)-Second Reading referred to Public Health in House; SB1826 (name change)-Second Reading referred to Rules Rhode Island: HB7012 (tobacco-free health care facilities); HB7153 (smoking bar restriction)-Committee recommended measure be held for further study; SB2204 (smoking bar restriction) South Carolina: S31 (schools)-Carried over to 2010 Utah : HB88 (e-cigarette restrictions)-Signed by Governor Washington: HB2257 (tobacco-free health care)-By resolution, reintroduced and retained in present status West Virginia: SB24 (tobacco free pharmacies); HB4498 (state capitol) Legislation Enacted this Year D.C.: B18-0670 (special event exemption) -Signed by Mayor New Jersey: A4227/A4228 (e-cigarettes in public places)-Signed by Governor Pennsylvania: SB711 (gaming exemption; preemption)-Signed by the Governor Utah : HB88 (e-cigarette restrictions)-Signed by Governor

Summaries of all NEW bills are listed below: (All other pending bill summaries are on individual state pages on www.protectlocalcontrol.org) New York

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S07098-(transportation platforms)-An Act relation to prohibiting smoking on platforms http://assembly.state.ny.us/leg/?default_fld=&bn=S07098%09%09&Text=Y http://assembly.state.ny.us/leg/?default_fld=&bn=S07098%09%09&Summary=Y&Actions=Y This bill prohibits smoking on platforms of the Long Island and Metro North railroads Preemptive: No Anti-Preemption Clause: No

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440.

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440. </ -You received this message because you are subscribed to the Google Groups "Smokefree-talk" group. To post to this group, send email to smokefree-talk@googlegroups.com.
file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2032610.html[8/19/2011 2:33:08 AM]

From:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â smokefree-talk@googlegroups.com on behalf of Liz Williams <liz.williams@no-smoke.org> Sent:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Friday, April 01, 2011 8:07 PM To:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â smokefree-talk@googlegroups.com Subject:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â [Smokefree-Talk] Preemption Watch Bill Tracking Summary: 4/1/11 Preemption Watch Weekly Bill Tracking Summary of U.S. State Bills www.protectlocalcontrol.org April 1, 2011 ANR tracks pending legislation relating to states' smokefree air policies as part of the continued fight to prevent preemptive legislation before it can be passed and to overturn preemption in states where it is already in place. Since even a strong bill can become preemptive at any point in the legislative process, it is very important to track even the best bills throughout the entire legislative session and keep a watchful eye out for all attempts to remove local control. Now is a great time to consider setting up a Preemption Strike Force to help combat tobacco industry legislative tricks by allowing for quick and easy communication among proponents of local control. Learn how at http://www.nosmoke.org/pdf/preemptionstrikeforce.pdf. Legislative sessions have ended for 2011 in Kentucky, New Mexico, South Dakota, Utah, Virginia, West Virginia, and Wyoming. Below is a listing of state bills that have been introduced in state legislatures thus far. Please visit the www.protectlocalcontrol.org and click on the state of your choice to view the summary, text, and status of pending bills. Please email ANR with any new information regarding pending legislation and preemption attempts in your state and we will analyze and summarize the legislation.

The new and pending legislative bills are classified below into seven categories to clearly delineate which bills will protect public health and should be supported from those that should be opposed because they do not effectively protect public health, weaken a strong law, or intend to preempt local control. New bills and changes in bill status since the last update appear in bold. Strong: Bill includes 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; strengthens existing smokefree laws; or repeals preemption. Weak: Bill includes ventilation, smoking rooms, or other key exemptions. Weakens: Bill weakens a current strong 100% smokefree law. Preemptive: Bill contains preemptive language that removes the right to local control. Vehicles: Bill addresses smoking in vehicles with children present. Outdoor: Bill primarily addresses smoking in outdoor locations. Other: Bills contain other provisions and should be watched. · The following states have strong bills that include 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; OR repeals preemption: Alabama: HB149 (workplaces, restaurants, bars, and gaming) California: SB575 (workplaces)-Hearing scheduled for 4/13 in Senate Labor and Industrial Relations Committee Connecticut: HB5286 (private clubs); HB5614 (private clubs); SB00531 (private clubs); SB884 (private clubs)

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Florida: HB211 (partial preemption repeal)-First Reading in Health & Human Services Quality Subcommittee; SB1070 (partial preemption repeal)-Referred to the Committees on Regulated Industries; Health Regulation; and Community Affairs Indiana: SB355 (workplaces, restaurants, and bars) Iowa : HF21 (casinos) Kansas: HB2039 (removes casino exemption); HB2340 (casinos)-Passed House and sent to Senate Committee on Federal and State Affairs Missouri : HB438 (workplaces, restaurants, bars and gaming)-Public Hearing Completed New Jersey: A1062 (casinos)-Carried over from 2010; S423 (casinos)-Carried over from 2010 Oklahoma: SB111 (workplaces, restaurants and bars); HB2010 (preemption repeal) Pennsylvania: SB35 (restaurants, bars & preemption repeal); HB412 (remove gaming exemption); HB824 (restaurants, bars & preemption repeal) Texas : HB670 (workplaces, restaurants, and bars)-Reported favorably w/o amendments in Public Health Committee; SB355 (workplaces, restaurants, and bars)-Reported favorably as substituted in Health and Human Services Committee · The following states have weak bills that include ventilation, smoking rooms, size exemptions, or other major faults or exemptions: Connecticut: SB948 (small workplaces)-Favorable vote with Joint Committee on Public Health Indiana : HB1018 (workplaces and restaurants)-First reading in Senate: referred to Committee on Public Policy Massachusetts: S00170 (smoking areas in gaming facilities) South Carolina: H3015 (restaurants and bars)-Prefiled and Referred to Committee on Judiciary; H3022 (restaurants and bars)-Prefiled and Referred to Committee on Judiciary; H3033 (restaurants and bars)-Prefiled and Referred to Committee on Judiciary; H3109 (public indoor areas)-Prefiled and Referred to Committee on Judiciary · The following states have bills that create exemptions that weaken a current strong law: Illinois: HB171 (casino exemption) -Passed Executive Committee Hearing and Placed on Calendar 2nd Reading; HB1310 (smoking license exemption) -Placed on Calendar 3rd Reading; HB1965 (gaming exemption) -Placed on Calendar 3rd Reading Iowa : SF81 (bar and restaurant exemptions) Maryland : HB605 (cigar bar exemption)-Hearing on 2/22 Michigan: HB4127 (broad exemptions); HB4255 (veterans' club exemption); HB4447 (restaurant patio exemption) Minnesota: HF0188 (bar exemption); SF0168 (bar exemption); SF0362 (smoking rooms) New Jersey: A461 (tobacco business exemption)-Carried over from 2010; S2001/A2897 (gaming exemption)-Carried over from 2010 North Carolina: SB469 (roll back restaurant and bar law) Oregon: HB2350 (smoke shop exemption expansion)-Public Hearing held 3/30; HB2599 (cigar bar exemption expansion); HB2601 (private club & smoke shop exemption)-Public Hearing held 3/30; HB3457 (theatrical exemption)-Passed House and sent to Senate Pennsylvania: HB987 (outdoor fair exemption) Tennessee: HB1415 / SB0956 (age restriction change) Washington: HB1683 (cigar lounge exemption)-Substitute bill adopted by House Committee on Business & Financial Services; SB5542 (cigar lounge exemption)-Public hearing in the Senate Committee on Ways & Means on 3/16 · The following states have preemptive bills: Hawaii: HB1370 (exempt and preempt smoking permits); HB1441 (exempt and preempt smoking permits); SB585 (exempt and preempt smoking permits); SB708 (exempt and preempt smoking permits)-Committees on Health and Public Safety, Military and Intergovernmental Affairs deferred the measure Massachusetts: H01541 (preemptive smoking bar exemption); S01159 (preempts regulation of cigar bars) · The following states have bills that address smoking in vehicles when children are present:
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Arizona: SB1551 (vehicles with minors) Arkansas: HB2099 (vehicles with minors); SB1004 (vehicles with minors)-Signed by Governor Connecticut: HB05502 (vehicles with minors) Florida: SB1212 (vehicles with minors)-Referred to the Committees on Health Regulation; Transportation; Criminal Justice; HB971 (vehicles with minors) Hawaii: HB29 (vehicles with minors); SB970 (vehicles with minors) Maryland: HB737 (vehicles with minors)-Unfavorable Report by Environmental Matters Committee; SB415 (vehicles with minors)-Unfavorable Report by Judicial Proceedings Committee Minnesota: HF0541 (vehicles with minors) New Hampshire: HB285 (vehicles with minors) New Jersey: A1591/S475 (vehicles with minors)-Carried over from 2010; A2814 (vehicles with minors)-Carried over from 2010 New York: A04902 (vehicles with minors); S03082 (vehicles with minors); A06543 (playgrounds) Ohio : SB27 (vehicle with minors) Oregon: HB2261 (vehicles with minors) Rhode Island: SB240 (vehicle with minors) South Carolina: S215 (vehicle with minors)-Prefiled and Referred to Committee on Transportation; H3202 (vehicle with minors); S292 (vehicle with minors); H3427 (vehicle with minors) Tennessee: HB0606/ SB0776 (vehicle with minors) -HB0606 placed on calendar of Agriculture Committee for 4/5 Vermont : H68 (vehicles with minors); H116 (vehicles with minors) Washington: SB5016 (vehicle with minors)-Senate Committee on Transportation's Majority Report referred without recommendation · The following states have bills primarily addressing smoking in outdoor locations: Hawaii: HB89 (outdoor areas of housing and hotels); HB1318 (outdoor areas); SB1435 (outdoor areas) Iowa : HF274 (health care entrances) Maryland: HB131 (transit shelters)-Unfavorable Report by Economic Matters Committee Massachusetts: H00627 (reasonable distance) New Hampshire: HB568 (parks)-Hearing on 2/10 New Jersey: S443 (outdoor public places)-Carried over from 2010; S684 (youth; outdoors)-Carried over from 2010; A2172/S669 (parks and beaches)-Carried over from 2010; A1853 (state parks and beaches)-Carried over from 2010; S889 (state-owned beaches)-Carried over from 2010 New York: A00184 (reasonable distance); A00597 (transportation platforms); A01532 (parks and beaches); S02997 (transportation platforms); A05516 (transportation platforms); S03461 (transportation platforms); A06156 (parks and plazas); A06451 (playgrounds) Vermont: H191 (ski areas); H0379 (state parks) · The following states have other provisions and should be watched: California: AB217 (long term health care facilities)-Passed Labor and Employment Committee, sent to Appropriations Committee; SB332 (housing) Colorado: HB11-1016 (e-cigarettes on school property)-Signed by Governor Connecticut: SB00415 (hookah lounges)-Committee bill introduced Florida : HB891 (schools)-Reported out of Rulemaking & Regulation Subcommittee; SB1430 (schools)Committee Substitute in Regulated Industries Committee Hawaii: HB46 (public housing)-Amended, Passed HSG Committee, and referred to Judiciary Committee; HB1494 (condos)-Amended, passed Health Committee, and sent to CPC Committee; SB908 (public housing)-Committee on HMS deferred the measure Illinois: HB802 (technical amendment) -Passed Executive Committee Hearing and Placed on Calendar 2nd Reading; HB803 (technical amendment) -Passed Executive Committee Hearing and Placed on Calendar 2nd Reading; SB860 (technical amendment) -Passed Executive Committee and Placed on Calendar 3rd Reading for 3/29; SB861 (technical amendment) -Passed Executive Committee and Placed on Calendar 3rd Reading for 3/29; HB2216 (technical
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amendment) -Passed Executive Committee Hearing and Placed on Calendar 2nd Reading Indiana: SB55 (municipal ballot); HB1120 (municipal ballot) Iowa : HF86 (school property); SF458 (gaming bill) Massachusetts: H02110 (elderly public housing); H03253 (all multi-unit housing); H00591 (tobacco-free pharmacies); S01094 (tobacco-free pharmacies) Missouri: HB314 (school property); HB445 (correctional facilities)-Public hearing completed; SB289 (correctional facilities) Nebraska: LB313 (school property)-Notice of hearing for 2/8 Nevada: AB128 (college campuses)-Judiciary Committee Hearing 2/25 New Jersey: A512 (state vehicles)-Carried over from 2010; S446 (housing)-Carried over from 2010 New York: A03430 (correctional facilities); A06097 (public housing) Oklahoma: SB485 (technical amendment); HB1258 (hospitals) Oregon: HB2726 (smoke shop registry)-Public Hearing on 2/25; SB293 (housing)-Passed Senate and sent to House; HB3014 (electronic cigarettes); HB3191 (technical change); HB3329 (amend smoke shop exemption) South Carolina: S219 (schools)-Prefiled and Referred to Committee on Education South Dakota: SB163 (penalties)-Session Adjourned Tennessee: HB1123 / SB0853 (fire stations)-HB1123 placed on calendar of Agriculture Committee for 4/5; HB1470 / SB1936 (local control for hospital grounds)-HB1470 placed on subcommittee calendar in Agriculture Subcommittee for 4/6 Texas: SB1783 (warning signs)

Legislation Enacted this Session Arkansas : SB1004 (vehicles with minors)-Signed by Governor Colorado : HB11-1016 (e-cigarettes on school property)-Signed by Governor Montana : HB19 (adding marijuana to smokefree law)-Signed by Governor

Summaries of all NEW bills are listed below: (All other pending bill summaries are on individual state pages on www.protectlocalcontrol.org) North Carolina SB469-(roll back restaurant and bar law)-An Act to exempt age-restricted venues from the smoking ban http://www.ncleg.net/Sessions/2011/Bills/Senate/PDF/S469v1.pdf http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2011&BillID=S469 This bill will roll back the smokefree restaurant and bar law by permitting smoking in age-restricted venues that are structurally separate and ventilated, which are restaurants and bars that prohibit entry to people under age 18. Preemptive: No Anti-Preemption Clause: No

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314
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Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440.

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440. </ -You received this message because you are subscribed to the Google Groups "Smokefree-talk" group. To post to this group, send email to smokefree-talk@googlegroups.com. To unsubscribe from this group, send email to smokefree-talk+unsubscribe@googlegroups.com. For more options, visit this group at http://groups.google.com/group/smokefree-talk?hl=en.

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From:                             smokefree-talk@googlegroups.com on behalf of Liz Williams <liz.williams@no-smoke.org> Sent:                              Wednesday, April 13, 2011 4:17 PM To:                                  smokefree-talk@googlegroups.com Subject:                         [Smokefree-Talk] Preemption Watch Bill Tracking Summary: 4/13/11 Preemption Watch Weekly Bill Tracking Summary of U.S. State Bills www.protectlocalcontrol.org April 13, 2011 ANR tracks pending legislation relating to states' smokefree air policies as part of the continued fight to prevent preemptive legislation before it can be passed and to overturn preemption in states where it is already in place. Since even a strong bill can become preemptive at any point in the legislative process, it is very important to track even the best bills throughout the entire legislative session and keep a watchful eye out for all attempts to remove local control. Now is a great time to consider setting up a Preemption Strike Force to help combat tobacco industry legislative tricks by allowing for quick and easy communication among proponents of local control. Learn how at http://www.nosmoke.org/pdf/preemptionstrikeforce.pdf. Legislative sessions have ended for 2011 in Idaho, Kentucky, Maryland, New Mexico, South Dakota, Utah, Virginia, West Virginia, and Wyoming. Below is a listing of state bills that have been introduced in state legislatures thus far. Please visit the www.protectlocalcontrol.org and click on the state of your choice to view the summary, text, and status of pending bills. Please email ANR with any new information regarding pending legislation and preemption attempts in your state and we will analyze and summarize the legislation. The new and pending legislative bills are classified below into seven categories to clearly delineate which bills will protect public health and should be supported from those that should be opposed because they do not effectively protect public health, weaken a strong law, or intend to preempt local control. New bills and changes in bill status since the last update appear in bold. Strong: Bill includes 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; strengthens existing smokefree laws; or repeals preemption. Weak: Bill includes ventilation, smoking rooms, or other key exemptions. Weakens: Bill weakens a current strong 100% smokefree law. Preemptive: Bill contains preemptive language that removes the right to local control. Vehicles: Bill addresses smoking in vehicles with children present. Outdoor: Bill primarily addresses smoking in outdoor locations. Other: Bills contain other provisions and should be watched. · The following states have strong bills that include 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; OR repeals preemption: Alabama: HB149 (workplaces, restaurants, bars, and gaming) California: SB575 (workplaces)-Amended and hearing scheduled for 4/13 in Senate Labor and Industrial Relations Committee Connecticut: HB5286 (private clubs); HB5614 (private clubs); SB00531 (private clubs); SB884 (private clubs) Florida: HB211 (partial preemption repeal)-First Reading in Health & Human Services Quality Subcommittee;
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SB1070 (partial preemption repeal)-Referred to the Committees on Regulated Industries; Health Regulation; and Community Affairs Indiana: SB355 (workplaces, restaurants, and bars) Iowa : HF21 (casinos) Kansas: HB2039 (removes casino exemption); HB2340 (casinos)-Passed House and sent to Senate Committee on Federal and State Affairs Missouri: HB438 (workplaces, restaurants, bars and gaming)-Public Hearing Completed New Jersey: A1062 (casinos)-Carried over from 2010; S423 (casinos)-Carried over from 2010 Oklahoma: SB111 (workplaces, restaurants and bars); HB2010 (preemption repeal) Pennsylvania: SB35 (restaurants, bars & preemption repeal); HB412 (remove gaming exemption); HB824 (restaurants, bars & preemption repeal) Texas : HB670 (workplaces, restaurants, and bars)-Considered in Calendars; SB355 (workplaces, restaurants, and bars)-Reported favorably as substituted in Health and Human Services Committee · The following states have weak bills that include ventilation, smoking rooms, size exemptions, or other major faults or exemptions: Connecticut: SB948 (small workplaces)-Referred to Office of Legislative Research and Office of Fiscal Analysis Indiana : HB1018 (workplaces and restaurants)-First reading in Senate: referred to Committee on Public Policy Maine : LD1230 (private clubs) Massachusetts: S00170 (smoking areas in gaming facilities) South Carolina: H3015 (restaurants and bars)-Prefiled and Referred to Committee on Judiciary; H3022 (restaurants and bars)-Prefiled and Referred to Committee on Judiciary; H3033 (restaurants and bars)-Prefiled and Referred to Committee on Judiciary; H3109 (public indoor areas)-Prefiled and Referred to Committee on Judiciary · The following states have bills that create exemptions that weaken a current strong law: Illinois: HB171 (casino exemption)-Placed on Calendar Order of 3rd Reading-Short Debate; HB1310 (smoking license exemption) -Placed on Calendar 3rd Reading; HB1965 (gaming exemption)-Passed House and sent to Senate Iowa: SF81 (bar and restaurant exemptions) Maryland : HB605 (cigar bar exemption)-Session Adjourned Massachusetts: H03368 (hookah bars) Michigan : HB4127 (broad exemptions); HB4255 (veterans' club exemption); HB4447 (restaurant patio exemption) Minnesota: HF0188 (bar exemption); SF0168 (bar exemption); SF0362 (smoking rooms) New Jersey: A461 (tobacco business exemption)-Carried over from 2010; S2001/A2897 (gaming exemption)-Carried over from 2010 North Carolina: SB469 (roll back restaurant and bar law) Oregon: HB2350 (smoke shop exemption expansion)-Public Hearing held 3/30; HB2599 (cigar bar exemption expansion); HB2601 (private club & smoke shop exemption)-Possible work session scheduled for 4/18; HB3457 (theatrical exemption)-Referred to Senate Business, Transportation and Economic Development Pennsylvania: HB987 (outdoor fair exemption) Tennessee: HB1415 / SB0956 (age restriction change) Washington: HB1683 (cigar lounge exemption)-Substitute bill adopted by House Committee on Business & Financial Services; SB5542 (cigar lounge exemption)-Public hearing in the Senate Committee on Ways & Means on 3/16 · The following states have preemptive bills: Hawaii: HB1370 (exempt and preempt smoking permits); HB1441 (exempt and preempt smoking permits); SB585 (exempt and preempt smoking permits); SB708 (exempt and preempt smoking permits)-Committees on Health and Public Safety, Military and Intergovernmental Affairs deferred the measure Massachusetts: H01541 (preemptive smoking bar exemption); S01159 (preempts regulation of cigar bars) · The following states have bills that address smoking in vehicles when children are present:

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Arizona: SB1551 (vehicles with minors) Connecticut: HB05502 (vehicles with minors) Florida: SB1212 (vehicles with minors)-Referred to the Committees on Health Regulation; Transportation; Criminal Justice; HB971 (vehicles with minors) Hawaii: HB29 (vehicles with minors); SB970 (vehicles with minors) Maryland: HB737 (vehicles with minors)-Session Adjourned; SB415 (vehicles with minors)-Session Adjourned Minnesota: HF0541 (vehicles with minors) New Hampshire: HB285 (vehicles with minors) New Jersey: A1591/S475 (vehicles with minors)-Carried over from 2010; A2814 (vehicles with minors)-Carried over from 2010 New York: A04902 (vehicles with minors); S03082 (vehicles with minors); A06543 (playgrounds) Ohio : SB27 (vehicle with minors) Oregon: HB2261 (vehicles with minors) Rhode Island: SB240 (vehicle with minors) South Carolina: S215 (vehicle with minors)-Prefiled and Referred to Committee on Transportation; H3202 (vehicle with minors); S292 (vehicle with minors); H3427 (vehicle with minors) Tennessee: HB0606/ SB0776 (vehicle with minors)-HB0606 taken off notice for calendar of Agriculture Committee for 4/5 Vermont : H68 (vehicles with minors); H116 (vehicles with minors) Washington: SB5016 (vehicle with minors)-Senate Committee on Transportation's Majority Report referred without recommendation · The following states have bills primarily addressing smoking in outdoor locations: Hawaii: HB89 (outdoor areas of housing and hotels); HB1318 (outdoor areas); SB1435 (outdoor areas) Iowa : HF274 (health care entrances) Maryland: HB131 (transit shelters)-Session Adjourned Massachusetts: H00627 (reasonable distance) New Hampshire: HB568 (parks)-Hearing on 2/10 New Jersey: S443 (outdoor public places)-Carried over from 2010; S684 (youth; outdoors)-Carried over from 2010; A2172/S669 (parks and beaches)-Carried over from 2010; A1853 (state parks and beaches)-Carried over from 2010; S889 (state-owned beaches)-Carried over from 2010 New York: A00184 (reasonable distance); A00597 (transportation platforms); A01532 (parks and beaches); S02997 (transportation platforms); A05516 (transportation platforms)-Amended and recommitted to Health Committee; S03461 (transportation platforms)-Amended and recommitted to Health Committee; A06156 (parks and plazas); A06451 (playgrounds)-Referred from Health Committee to Codes Committee; A06543 (playgrounds); A07142 (reasonable distance); S04401 (playgrounds) Vermont : H191 (ski areas); H0379 (state parks) · The following states have other provisions and should be watched: California: AB217 (long term health care facilities)-Amended and re-referred to Appropriations Committee; SB332 (housing) Connecticut: SB00415 (hookah lounges)-Referred to Office of Legislative Research and Office of Fiscal Analysis Florida : HB891 (schools)-Reported out of Rulemaking & Regulation Subcommittee; SB1430 (schools)-On Committee agenda for Education Pre-K - 12 for 4/14 Hawaii: HB46 (public housing)-Amended, Passed HSG Committee, and referred to Judiciary Committee; HB1494 (condos)-Amended, passed Health Committee, and sent to CPC Committee; SB908 (public housing)-Committee on HMS deferred the measure Illinois: HB802 (technical amendment) -Passed Executive Committee Hearing and Placed on Calendar 2nd Reading; HB803 (technical amendment) -Passed Executive Committee Hearing and Placed on Calendar 2nd Reading; SB860 (technical amendment) -Passed Executive Committee and Placed on Calendar 3rd Reading for 3/29; SB861 (technical amendment) -Passed Executive Committee and Placed on Calendar 3rd Reading for 3/29; HB2216 (technical amendment) -Passed Executive Committee Hearing and Placed on Calendar 2nd Reading
file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2041311.html[8/19/2011 2:33:12 AM]

Indiana: SB55 (municipal ballot); HB1120 (municipal ballot) Iowa : HF86 (school property); SF458 (gaming bill) Maine : LD1067 (housing disclosure) Massachusetts: H02110 (elderly public housing); H03253 (all multi-unit housing); H00591 (tobacco-free pharmacies); S01094 (tobacco-free pharmacies) Missouri: HB314 (school property)-Public hearing held 4/5; HB445 (correctional facilities)-Public hearing completed; SB289 (correctional facilities) Nebraska: LB313 (school property)-Notice of hearing for 2/8 Nevada: AB128 (college campuses)-Judiciary Committee Hearing 2/25 New Jersey: A512 (state vehicles)-Carried over from 2010; S446 (housing)-Carried over from 2010 New York: A03430 (correctional facilities); A06097 (public housing) Oklahoma: SB485 (technical amendment); HB1258 (hospitals) Oregon: HB2726 (smoke shop registry)-Possible work session scheduled for 4/15; SB293 (housing)-Passed Senate and sent to House; HB3014 (electronic cigarettes); HB3191 (technical change); HB3329 (amend smoke shop exemption) South Carolina: S219 (schools)-Prefiled and Referred to Committee on Education Tennessee: HB1123 / SB0853 (fire stations)-HB1123 taken off notice for calendar of Agriculture Committee for 4/5; HB1470 / SB1936 (local control for hospital grounds)-HB1470 recommended for passage by Agriculture Subcommittee Texas: SB1783 (warning signs)

Legislation Enacted this Session Arkansas : SB1004 (vehicles with minors)-Signed by Governor Colorado: HB11-1016 (e-cigarettes on school property)-Signed by Governor Montana: HB19 (adding marijuana to smokefree law)-Signed by Governor

Summaries of all NEW bills are listed below: (All other pending bill summaries are on individual state pages on www.protectlocalcontrol.org) Maine LD1067-(housing disclosure)-An Act To Improve Awareness of Smoking Policies in Maine Rental Housing and Condominiums http://www.mainelegislature.org/legis/bills/bills_125th/billpdfs/HP080201.pdf http://www.mainelegislature.org/LawMakerWeb/summary.asp?ID=280040565 This bill requires a landlord to discuss the building's policy pertaining to smoking on the premises to all tenants or potential tenants as well as purchasers of condominiums. Disclosures must be in writing and signed by both parties. Preemptive: No Anti-Preemption Clause: No LD1230-(private clubs)-An Act To Prohibit Smoking in Private Clubs Except in Separate Enclosed Areas http://www.mainelegislature.org/legis/bills/bills_125th/billpdfs/HP092101.pdf http://www.mainelegislature.org/LawMakerWeb/summary.asp?ID=280040805 This bill prohibits smoking in private clubs except in enclosed designated enclosed indoor areas and designated outdoor smoking areas. Preemptive: No Anti-Preemption Clause: No Massachusetts
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H03368-(hookah bars)-An Act permitting hookah bars http://www.malegislature.gov/Bills/187/House/H03368 http://www.malegislature.gov/Bills/187/House/H03368 This bill would permit smoking in hookah bars that maintain a valid permit issued by the Department of Revenue. Preemptive: No Anti-Preemption Clause: No New York A07142-(reasonable distance)-An Act to amend the public health law http://assembly.state.ny.us/leg/?default_fld=&bn=A07142&Summary=Y&Text=Y http://assembly.state.ny.us/leg/?default_fld=&bn=A07142&Summary=Y&Actions=Y This bill prohibits smoking within 15 feet of entrances of buildings required to be smokefree. Preemptive: No Anti-Preemption Clause: No S04401-(playgrounds)-An Act in relation to smoking restrictions on playgrounds http://assembly.state.ny.us/leg/?default_fld=&bn=S04401&Summary=Y&Text=Y http://assembly.state.ny.us/leg/?default_fld=&bn=S04401&Summary=Y&Actions=Y This bill prohibits smoking within 50 feet of playgrounds. Preemptive: No Anti-Preemption Clause: No

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440.

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J

file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2041311.html[8/19/2011 2:33:12 AM]

Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440. </ -You received this message because you are subscribed to the Google Groups "Smokefree-talk" group. To post to this group, send email to smokefree-talk@googlegroups.com. To unsubscribe from this group, send email to smokefree-talk+unsubscribe@googlegroups.com. For more options, visit this group at http://groups.google.com/group/smokefree-talk?hl=en.

file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2041311.html[8/19/2011 2:33:12 AM]

From:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â smokefree-talk@googlegroups.com on behalf of Liz Williams <liz.williams@no-smoke.org> Sent:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Friday, April 15, 2011 8:54 PM To:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â smokefree-talk@googlegroups.com Subject:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â [Smokefree-Talk] Preemption Watch Bill Tracking Summary: 4/15/11 Preemption Watch Weekly Bill Tracking Summary of U.S. State Bills www.protectlocalcontrol.org April 15, 2011 ANR tracks pending legislation relating to states' smokefree air policies as part of the continued fight to prevent preemptive legislation before it can be passed and to overturn preemption in states where it is already in place. Since even a strong bill can become preemptive at any point in the legislative process, it is very important to track even the best bills throughout the entire legislative session and keep a watchful eye out for all attempts to remove local control. Now is a great time to consider setting up a Preemption Strike Force to help combat tobacco industry legislative tricks by allowing for quick and easy communication among proponents of local control. Learn how at http://www.nosmoke.org/pdf/preemptionstrikeforce.pdf. Legislative sessions have ended for 2011 in Idaho, Kentucky, Maryland, New Mexico, South Dakota, Utah, Virginia, West Virginia, and Wyoming. Below is a listing of state bills that have been introduced in state legislatures thus far. Please visit the www.protectlocalcontrol.org and click on the state of your choice to view the summary, text, and status of pending bills. Please email ANR with any new information regarding pending legislation and preemption attempts in your state and we will analyze and summarize the legislation.

The new and pending legislative bills are classified below into seven categories to clearly delineate which bills will protect public health and should be supported from those that should be opposed because they do not effectively protect public health, weaken a strong law, or intend to preempt local control. New bills and changes in bill status since the last update appear in bold. Strong: Bill includes 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; strengthens existing smokefree laws; or repeals preemption. Weak: Bill includes ventilation, smoking rooms, or other key exemptions. Weakens: Bill weakens a current strong 100% smokefree law. Preemptive: Bill contains preemptive language that removes the right to local control. Vehicles: Bill addresses smoking in vehicles with children present. Outdoor: Bill primarily addresses smoking in outdoor locations. Other: Bills contain other provisions and should be watched. · The following states have strong bills that include 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; OR repeals preemption: Alabama: HB149 (workplaces, restaurants, bars, and gaming) California: SB575 (workplaces)-Passed Senate Labor and Industrial Relations Committee, and referred to Appropriations Committee; hearing scheduled for 5/2

file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2041511.html[8/19/2011 2:33:13 AM]

Connecticut: HB5286 (private clubs); HB5614 (private clubs); SB00531 (private clubs); SB884 (private clubs) Florida: HB211 (partial preemption repeal)-First Reading in Health & Human Services Quality Subcommittee; SB1070 (partial preemption repeal)-Referred to the Committees on Regulated Industries; Health Regulation; and Community Affairs Indiana: SB355 (workplaces, restaurants, and bars) Iowa : HF21 (casinos) Kansas: HB2039 (removes casino exemption); HB2340 (casinos)-Passed House and sent to Senate Committee on Federal and State Affairs Missouri: HB438 (workplaces, restaurants, bars and gaming)-Public Hearing Completed New Jersey: A1062 (casinos)-Carried over from 2010; S423 (casinos)-Carried over from 2010 Oklahoma: SB111 (workplaces, restaurants and bars); HB2010 (preemption repeal) Pennsylvania: SB35 (restaurants, bars & preemption repeal); HB412 (remove gaming exemption); HB824 (restaurants, bars & preemption repeal) Texas : HB670 (workplaces, restaurants, and bars)-Considered in Calendars; SB355 (workplaces, restaurants, and bars)-Reported favorably as substituted in Health and Human Services Committee · The following states have weak bills that include ventilation, smoking rooms, size exemptions, or other major faults or exemptions: Connecticut: SB948 (small workplaces)-Favorable report out of Committee on Public Health Indiana : HB1018 (workplaces and restaurants)-Died in Committee Maine: LD1230 (private clubs) Massachusetts: S00170 (smoking areas in gaming facilities) South Carolina: H3015 (restaurants and bars)-Prefiled and Referred to Committee on Judiciary; H3022 (restaurants and bars)-Prefiled and Referred to Committee on Judiciary; H3033 (restaurants and bars)-Prefiled and Referred to Committee on Judiciary; H3109 (public indoor areas)-Prefiled and Referred to Committee on Judiciary · The following states have bills that create exemptions that weaken a current strong law: Illinois: HB171 (casino exemption)-Placed on Calendar Order of 3rd Reading-Short Debate; HB1310 (smoking license exemption) -Placed on Calendar 3rd Reading; HB1965 (gaming exemption)-Passed House and sent to Senate Iowa : SF81 (bar and restaurant exemptions) Massachusetts: H03368 (hookah bars) Michigan: HB4127 (broad exemptions); HB4255 (veterans' club exemption); HB4447 (restaurant patio exemption) Minnesota: HF0188 (bar exemption); SF0168 (bar exemption); SF0362 (smoking rooms) New Jersey: A461 (tobacco business exemption)-Carried over from 2010; S2001/A2897 (gaming exemption)-Carried over from 2010 North Carolina: SB469 (roll back restaurant and bar law) Oregon: HB2350 (smoke shop exemption expansion)-Public Hearing held 3/30; HB2599 (cigar bar exemption expansion); HB2601 (private club & smoke shop exemption)-Possible work session scheduled for 4/18; HB3457 (theatrical exemption)-Referred to Senate Business, Transportation and Economic Development Pennsylvania: HB987 (outdoor fair exemption) Tennessee: HB1415 / SB0956 (age restriction change) Washington: HB1683 (cigar lounge exemption)-Substitute bill adopted by House Committee on Business & Financial Services; SB5542 (cigar lounge exemption)-Public hearing in the Senate Committee on Ways & Means on 3/16 · The following states have preemptive bills: Hawaii: HB1370 (exempt and preempt smoking permits); HB1441 (exempt and preempt smoking permits); SB585 (exempt and preempt smoking permits); SB708 (exempt and preempt smoking permits)-Committees on Health and Public Safety, Military and Intergovernmental Affairs deferred the measure Massachusetts: H01541 (preemptive smoking bar exemption); S01159 (preempts regulation of cigar bars) · The following states have bills that address smoking in vehicles when children are present:
file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2041511.html[8/19/2011 2:33:13 AM]

Arizona: SB1551 (vehicles with minors) Connecticut: HB05502 (vehicles with minors) Florida: SB1212 (vehicles with minors)-Referred to the Committees on Health Regulation; Transportation; Criminal Justice; HB971 (vehicles with minors) Hawaii: HB29 (vehicles with minors); SB970 (vehicles with minors) Minnesota: HF0541 (vehicles with minors) New Hampshire: HB285 (vehicles with minors)-Inexpedient to Legislate New Jersey: A1591/S475 (vehicles with minors)-Carried over from 2010; A2814 (vehicles with minors)-Carried over from 2010 New York: A04902 (vehicles with minors); S03082 (vehicles with minors); A06543 (playgrounds) Ohio : SB27 (vehicle with minors) Oregon: HB2261 (vehicles with minors) Rhode Island: SB240 (vehicle with minors) South Carolina: S215 (vehicle with minors)-Prefiled and Referred to Committee on Transportation; H3202 (vehicle with minors); S292 (vehicle with minors); H3427 (vehicle with minors) Tennessee: HB0606/ SB0776 (vehicle with minors)-HB0606 taken off notice for calendar of Agriculture Committee for 4/5 Vermont : H68 (vehicles with minors); H116 (vehicles with minors) Washington: SB5016 (vehicle with minors)-Senate Committee on Transportation's Majority Report referred without recommendation · The following states have bills primarily addressing smoking in outdoor locations: Hawaii: HB89 (outdoor areas of housing and hotels); HB1318 (outdoor areas); SB1435 (outdoor areas) Iowa : HF274 (health care entrances) Massachusetts: H00627 (reasonable distance) New Hampshire: HB568 (parks)-Hearing on 2/10 New Jersey: S443 (outdoor public places)-Carried over from 2010; S684 (youth; outdoors)-Carried over from 2010; A2172/S669 (parks and beaches)-Carried over from 2010; A1853 (state parks and beaches)-Carried over from 2010; S889 (state-owned beaches)-Carried over from 2010 New York: A00184 (reasonable distance); A00597 (transportation platforms); A01532 (parks and beaches); S02997 (transportation platforms); A05516 (transportation platforms)-Amended and recommitted to Health Committee; S03461 (transportation platforms)-On 2nd report calendar; A06156 (parks and plazas); A06451 (playgrounds)Referred from Health Committee to Codes Committee; A06543 (playgrounds); A07142 (reasonable distance); S04401 (playgrounds) Vermont: H191 (ski areas); H0379 (state parks) · The following states have other provisions and should be watched: California: AB217 (long term health care facilities)-Amended and re-referred to Appropriations Committee; SB332 (housing)-Read for second time, amended, and re-referred to Judiciary Committee Connecticut: SB00415 (hookah lounges)-Referred to Office of Legislative Research and Office of Fiscal Analysis Florida: HB891 (schools)-Reported out of Rulemaking & Regulation Subcommittee; SB1430 (schools)-Passed Education Pre-K - 12 Committee and sent to Judiciary Committee Hawaii: HB46 (public housing)-Amended, Passed HSG Committee, and referred to Judiciary Committee; HB1494 (condos)-Amended, passed Health Committee, and sent to CPC Committee; SB908 (public housing)-Committee on HMS deferred the measure Illinois: HB802 (technical amendment) -Passed Executive Committee Hearing and Placed on Calendar 2nd Reading; HB803 (technical amendment) -Passed Executive Committee Hearing and Placed on Calendar 2nd Reading; SB860 (technical amendment) -Passed Executive Committee and Placed on Calendar 3rd Reading for 3/29; SB861 (technical amendment) -Passed Executive Committee and Placed on Calendar 3rd Reading for 3/29; HB2216 (technical amendment) -Passed Executive Committee Hearing and Placed on Calendar 2nd Reading Indiana: SB55 (municipal ballot); HB1120 (municipal ballot)
file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2041511.html[8/19/2011 2:33:13 AM]

Iowa : HF86 (school property); SF458 (gaming bill) Maine : LD1067 (housing disclosure) Massachusetts: H02110 (elderly public housing); H03253 (all multi-unit housing); H00591 (tobacco-free pharmacies); S01094 (tobacco-free pharmacies) Missouri: HB314 (school property)-Public hearing held 4/5; HB445 (correctional facilities)-Public hearing completed; SB289 (correctional facilities) Nebraska: LB313 (school property)-Notice of hearing for 2/8 Nevada: AB128 (college campuses)-Amend and Passed Judiciary Committee, sent to full Assembly New Jersey: A512 (state vehicles)-Carried over from 2010; S446 (housing)-Carried over from 2010 New York: A03430 (correctional facilities); A06097 (public housing) Oklahoma: SB485 (technical amendment); HB1258 (hospitals) Oregon: HB2726 (smoke shop registry)-Possible work session scheduled for 4/15; SB293 (housing)-Passed Senate and sent to House; HB3014 (electronic cigarettes); HB3191 (technical change); HB3329 (amend smoke shop exemption) South Carolina: S219 (schools)-Prefiled and Referred to Committee on Education; H4092 (colleges) Tennessee: HB1123 / SB0853 (fire stations)-HB1123 taken off notice for calendar of Agriculture Committee for 4/5; HB1470 / SB1936 (local control for hospital grounds)-HB1470 placed on Agriculture Committee calendar for 4/19 and SB1936 placed on Commerce, Labor & Agriculture Committee calendar for 4/19 Texas: SB1783 (warning signs) Legislation Enacted this Session Arkansas : SB1004 (vehicles with minors)-Signed by Governor Colorado: HB11-1016 (e-cigarettes on school property)-Signed by Governor Montana: HB19 (adding marijuana to smokefree law)-Signed by Governor

Summaries of all NEW bills are listed below: (All other pending bill summaries are on individual state pages on www.protectlocalcontrol.org) South Carolina H4092-(colleges)-A bill relating to places where smoking is prohibited http://www.scstatehouse.gov/sess119_2011-2012/bills/4092.htm http://www.scstatehouse.gov/cgi-bin/web_bh10.exe?bill1=4092&session=119 This bill permits public institutions of higher learning to prohibit smoking on campus both indoors and outdoors. Preemptive: No Anti-Preemption Clause: No

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071
file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2041511.html[8/19/2011 2:33:13 AM]

liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440.

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440. </ -You received this message because you are subscribed to the Google Groups "Smokefree-talk" group. To post to this group, send email to smokefree-talk@googlegroups.com. To unsubscribe from this group, send email to smokefree-talk+unsubscribe@googlegroups.com. For more options, visit this group at http://groups.google.com/group/smokefree-talk?hl=en.

file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2041511.html[8/19/2011 2:33:13 AM]

From:                             smokefree-talk@googlegroups.com on behalf of Liz Williams <liz.williams@no-smoke.org> Sent:                              Friday, April 16, 2010 8:04 PM To:                                  smokefree-talk@googlegroups.com Subject:                         [Smokefree-Talk] Preemption Watch Bill Tracking Summary: 4/16/10 Preemption Watch Weekly Bill Tracking Summary of U.S. State Bills www.protectlocalcontrol.org April 16, 2010 ANR tracks pending legislation relating to states' smokefree air policies as part of the continued fight to prevent preemptive legislation before it can be passed and to overturn preemption in states where it is already in place. Since even a strong bill can become preemptive at any point in the legislative process, it is very important to track even the best bills throughout the entire legislative session and keep a watchful eye out for all attempts to remove local control. In 2010, consider setting up a Preemption Strike Force to help combat tobacco industry legislative tricks by allowing for quick and easy communication among proponents of local control. Learn how at http://www.nosmoke.org/pdf/preemptionstrikeforce.pdf. Legislative sessions have ended in: Arkansas, Idaho, Indiana, Iowa, Maine, Maryland, Mississippi, Nebraska, New Mexico, South Dakota, Utah, Virginia, Washington, West Virginia and Wyoming. Also, 2010 sessions are not held in Montana, Nevada, North Dakota, Oregon, and Texas. Below is a listing of state bills that have been introduced in state legislatures. Please visit the www.protectlocalcontrol.org and click on the state of your choice to view the summary, text, and status of pending bills. Please email ANR with any new information regarding pending legislation and preemption attempts in your state and we will analyze and summarize the legislation. The new and pending legislative bills are classified below into seven categories to clearly delineate which bills will protect public health and should be supported from those that should be opposed because they do not effectively protect public health, weaken a strong law, or intend to preempt local control. New bills and changes in bill status since the last update appear in bold. Strong: Bill includes 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; strengthens existing smokefree laws; or repeals preemption. Weak: Bill includes ventilation, smoking rooms, or other key exemptions. Weakens: Bill weakens a current strong 100% smokefree law. Preemptive: Bill contains preemptive language that removes the right to local control. Vehicles: Bill addresses smoking in vehicles with children present. Outdoor: Bill primarily addresses smoking in outdoor locations. Other: Bills contain other provisions and should be watched. · The following states have strong bills that include 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; OR repeals preemption: Alabama: HB615 (workplaces, restaurants, bars and gaming) Alaska : HB304 (workplaces, restaurants, bars and gaming)
file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2041610.html[8/19/2011 2:33:15 AM]

Connecticut: SB245 (workplaces)-Passed Senate Committee on Labor and Public Employees Kansas : SB25 (workplaces, restaurants and bars)-Substitute introduced addressing different topic area Louisiana: SB348 (bars and gaming) Michigan: HB4099 (workplaces and restaurants)-Carried over to 2010; SB79 (workplaces, restaurants and bars)Carried over to 2010; SB114 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4196 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4341 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB5077 (preemption repeal)-Carried over to 2010; HB5283 (workplaces, restaurants and bars)-Carried over to 2010 Missouri: HB1766 (workplaces, restaurants and bars); SB904 (workplaces, restaurants, bars and gaming)-Committee hearing held on 2/22 New Jersey: A1062 (casinos); S423 (casinos) New York: S03388 (tribal gaming)-Referred to Investigations and Government Operations Committee Oklahoma: HB1040 (preemption repeal)-Carried over to 2010; HB1728 (workplaces, restaurants and bars)-Carried over to 2010; SB925 (preemption repeal)-Second Reading referred to Rules; HB2343 (workplaces, restaurants and bars)-Second Reading referred to Public Health; SB1809 (workplaces, restaurants and bars)-Second Reading referred to Appropriations Pennsylvania: HB58 (preemption repeal)-Re-committed to House Appropriations Committee; SB113 (restaurants and bars; preemption repeal)-Carried over to 2010; HB1245 (bars; preemption repeal)-Carried over to 2010; SB898 (partial preemption repeal)-Carried over to 2010 Tennessee: HB0017/SB1799 (restaurants and bars)-Carried over to 2010 Vermont: H0118 (workplaces)-Carried over to 2010 Wisconsin: AB253 (workplaces, restaurants, and bars)-Carried over to 2010 · The following states have weak bills that include ventilation, smoking rooms, size exemptions, or other major faults or exemptions: Alabama: HB720 (restaurants); SB541 (restaurants)-Passed House Committee on Government Operations, sent to full House Louisiana: SB334 (strengthens bars and weakens restaurants) Michigan: HB4752 (trigger with tribal gaming)-Carried over to 2010; SB469 (ballot requirement)-Carried over to 2010; HB5535 (tax credit)-Carried over to 2010; HB5637 (smoking areas)-Carried over to 2010 Oklahoma: HB1311 (age restriction)-Carried over to 2010; SB1036 (task force)-Carried over to 2010 South Carolina: H3091 (restaurants and bars)-Carried over to 2010; H3113 (restaurants and bars)-Carried over to 2010; H3523 (workplaces)-Carried over to 2010; S38 (restaurants and bars)-Carried over to 2010 Tennessee: SB431 (signage) · The following states have bills that create exemptions that weaken a current strong law: D.C.: B18-0084 (exemption) Hawaii: SB1347 (smoking license exemption)-Carried over to 2010 Illinois: HB1145 (smoking licenses)-Carried over to 2010; SB1836 (theatrical exemption)-Carried over to 2010; HB6158 (religious exemption)-Rule 19(a) / Re-referred to Rules Committee Kansas: HB2741 (exemptions)-Referred to Federal and State Affairs Michigan: HB5803 (smoking room exemption) Minnesota: HF257/SF270 (bar and bar area of restaurant exemption)-Carried over to 2010; HF2046-(hookah exemption)-Carried over to 2010; SF898-(smoking break rooms)-Carried over to 2010 New Jersey: A461 (tobacco business exemption) Ohio : SB120 (cigar bar and family bar exemption)-Carried over to 2010 Pennsylvania: HB1146 (fire company exemption)-Carried over to 2010; HB1147 (church exemption)-Carried over to 2010 Tennessee: HB0163/SB0863 (age restriction)-HB0163 Failed for Lack of Motion; HB441/SB412 (age restriction)Carried over to 2010 Wisconsin: SB225 (hotel exemption)-Carried over to 2010; AB295 (hotel exemption)-Carried over to 2010

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· The following states have preemptive bills: Hawaii: HB2691 (preemptive bar exemption)-Committees recommend measure be deferred; HB2742 (preemptive bar and attached bar exemption); SB2794 (preemptive bar exemption); SB2801 (preemptive bar exemption) Kansas: SB81 (preemption; minors only and smoking areas)-Carried over to 2010; HB2642 (preemption)-Withdrawn from Appropriations and Referred to Health and Human Services Massachusetts: HB2176 (preemptive exemptions)-Carried over to 2010 New York: A08982 (retail tobacco shop exemption and preemption)-Referred to Economic Development Committee; S06179 (retail tobacco store exemption and preemption)-Advanced to 3rd Reading · The following states have bills that address smoking in vehicles when children are present: Arizona: HB2076 (vehicles with minors) Florida: HB1141 (vehicles with minors)-Workshopped in Roads, Bridges, & Ports Policy Committee; S2596 (vehicles with minors)-On Senate Transportation Committee agenda for 4/7 Hawaii: HB1952 (vehicles with minors)-Passed First Reading and Sent to Health and Judicial Committees Illinois: HB889 (vehicles with minors)-Rule 19(a) / Re-referred to Rules Committee Massachusetts: HB3233 (vehicles with minors)-Carried over to 2010; HB3475 (vehicles with minors)-Carried over to 2010; SB1902 (vehicles with minors)-Carried over to 2010 Minnesota: HF379/SF359 (vehicles with minors)-HF379 has hearing on 3/17 New Jersey: A1591/S475 (vehicles with minors) New York: A06288 (vehicles with minors)-Referred to Health Committee; A06714 (vehicles with minors)-Referred to Health Committee; S03191 (vehicles with minors)-Referred to Health Committee Ohio : SB135 (vehicles with minors)-Carried over to 2010 Pennsylvania: HB359 (vehicles with minors)-Carried over to 2010 South Carolina: H3023 (vehicles with minors)-Carried over to 2010; H3082 (vehicles with minors)-Carried over to 2010; H3317 (vehicles with minors)-Carried over to 2010; H3445 (vehicles with minors)-Carried over to 2010; S23 (vehicles with minors)-Carried over to 2010 Tennessee: SB0495 (vehicles with minors)-Carried over to 2010; HB727/SB1550 (vehicles with minors)-Carried over to 2010 Washington: HB1151 (vehicles with minors)-Session Adjourned · The following states have bills primarily addressing smoking in outdoor locations: California: SB4 (parks/beaches)-Sent to Governor Hawaii: HB68 (sidewalks)-Carried over to 2010; HB171 (parks and beaches)-Carried over to 2010; HB1509 (beaches)-Carried over to 2010; SB1040 (beaches)-Carried over to 2010; SB2071 (beaches, parks and bus stops)-Deferred by the Health Committee Massachusetts: HB2162 (reasonable distance)-Carried over to 2010 Michigan: SB906 (state capitol grounds)-Carried over to 2010 Missouri: HB1277 (school property) New Hampshire: HB1186 (parks)-Refer to Interim Study; HB1194 (beaches)-Refer to Interim Study New Jersey: S443 (outdoor public places)-On Hold; S684 (youth; outdoors); A2172/S669 (parks and beaches)-S669 on Hold; A1853/S1522 (state parks and beaches); S889 (state-owned beaches)-On Hold New York: A00577 (reasonable distance)-Referred to Health Committee; A01137 (playgrounds)-Passed Assembly and sent to Senate; A01837-(parks and beaches)-Referred to Health Committee; A07362 (reasonable distance)Referred to Health Committee; S05005 (playgrounds)-Referred to Health Committee; S07098 (transportation platforms); A10500 (transportation platforms) Tennessee: SB3719/HB3748 (library grounds)-HB3748 on calendar in Agriculture general subcommittee 4/20; SB3719 on Senate calendar for 4/19 Vermont : H0046 (reasonable distance)-Carried over to 2010; H501 (government building grounds); H568 (reasonable distance) · The following states have other provisions and should be watched:
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Connecticut: SB264 (day care facilities)-Favorably reported out of Legislative Commissioners' Office, and put on Senate calendar Hawaii: HB66 (public housing)-Carried over to 2010; HB67 (housing)-Carried over to 2010; HB886 (compliance)Carried over to 2010; HB1486 (prisons)-Carried over to 2010; HB1579 (prisons)-Carried over to 2010; SB56 (compliance)-Carried over to 2010; SB455 (public housing)-Carried over to 2010; SB596 (housing)-Carried over to 2010; SB1050 (beaches)-Carried over to 2010 Illinois: HB3176 (technical amendment)-Carried over to 2010; SB851 (technical amendment)-Assigned to House Environmental Health Committee; SB2314 (technical amendment)-Carried over to 2010; HB5524 (enforcement change)-Referred to Rules Committee; SB3591 (enforcement change)-Rule 3-9(a) / Re-referred to Assignments; SB3174 (electronic cigarettes)-Passed Senate, in House Rules Committee Maryland: SB989 (e-cigarettes in public places)-Session Adjourned Massachusetts: HB1875 (workplace smoking)-Carried over to 2010; HB1181 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB1243 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB2054 (tobacco free pharmacies)-Carried over to 2010; S813 (tobacco free pharmacies)-Bill reported favorably from the Joint Committee on Public Health Michigan: HB4100 (compliance)-Carried over to 2010; HB4419 (compliance)-Carried over to 2010; HB5284 (workplace liability)-Carried over to 2010 Minnesota: HF1142 (psychiatric hospitals)-Carried over to 2010 Mississippi: SB2644 (youth recreation)-Conference Committee report adopted Nebraska: LB861 (technical amendment)-Signed by Governor New Hampshire: HB1541 (e-cigarettes at educational facilities)-Amended and Passed in House Committee New Jersey: A512 (state vehicles); S446 (housing) New York: S1234 (tobacco free pharmacies)-Referred to Health Committee; A05890 (tobacco free pharmacies)Referred to Health Committee; A06542 (public housing)-Referred to Health Committee; S03242 (playgrounds)Referred to Health Committee; A08700 (housing)-Referred to Judiciary Committee Oklahoma: HB2748 (educational facilities)-Signed by Governor; SB1674 (educational facilities)-Second Reading referred to Public Health in House; SB1826 (name change)-Second Reading referred to Rules Rhode Island: HB7012 (tobacco-free health care facilities); HB7153 (smoking bar restriction)-Committee recommended measure be held for further study; SB2204 (smoking bar restriction) South Carolina: S31 (schools)-Carried over to 2010; H4412 (reasonable distance) Washington: HB2257 (tobacco-free health care)-Session Adjourned Legislation Enacted this Year D.C.: B18-0670 (special event exemption) -Signed by Mayor; B18-042-(reasonable distance)-Enacted Nebraska: LB861 (technical amendment)-Signed by Governor New Jersey: A4227/A4228 (e-cigarettes in public places)-Signed by Governor Oklahoma: HB2748 (educational facilities)-Signed by Governor Pennsylvania: SB711 (gaming exemption; preemption)-Signed by the Governor Utah : HB88 (e-cigarette restrictions)-Signed by Governor

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314
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Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440.

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440. </ -You received this message because you are subscribed to the Google Groups "Smokefree-talk" group. To post to this group, send email to smokefree-talk@googlegroups.com. To unsubscribe from this group, send email to smokefree-talk+unsubscribe@googlegroups.com. For more options, visit this group at http://groups.google.com/group/smokefree-talk?hl=en.

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From:                             smokefree-talk@googlegroups.com on behalf of Liz Williams <liz.williams@no-smoke.org> Sent:                              Friday, April 02, 2010 8:15 PM To:                                  smokefree-talk@googlegroups.com Subject:                         [Smokefree-Talk] Preemption Watch Bill Tracking Summary: 4/2/10 Preemption Watch Weekly Bill Tracking Summary of U.S. State Bills www.protectlocalcontrol.org April 2, 2009 ANR tracks pending legislation relating to states' smokefree air policies as part of the continued fight to prevent preemptive legislation before it can be passed and to overturn preemption in states where it is already in place. Since even a strong bill can become preemptive at any point in the legislative process, it is very important to track even the best bills throughout the entire legislative session and keep a watchful eye out for all attempts to remove local control. In 2010, consider setting up a Preemption Strike Force to help combat tobacco industry legislative tricks by allowing for quick and easy communication among proponents of local control. Learn how at http://www.nosmoke.org/pdf/preemptionstrikeforce.pdf. Legislative sessions have ended in: Arkansas, Idaho, Indiana, Iowa, Mississippi, New Mexico, South Dakota, Utah, Virginia, Washington, West Virginia and Wyoming. Also, 2010 sessions are not held in Montana, Nevada, North Dakota, Oregon, and Texas. Below is a listing of state bills that have been introduced in state legislatures. Please visit the www.protectlocalcontrol.org and click on the state of your choice to view the summary, text, and status of pending bills. Please email ANR with any new information regarding pending legislation and preemption attempts in your state and we will analyze and summarize the legislation. The new and pending legislative bills are classified below into seven categories to clearly delineate which bills will protect public health and should be supported from those that should be opposed because they do not effectively protect public health, weaken a strong law, or intend to preempt local control. New bills and changes in bill status since the last update appear in bold. Strong: Bill includes 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; strengthens existing smokefree laws; or repeals preemption. Weak: Bill includes ventilation, smoking rooms, or other key exemptions. Weakens: Bill weakens a current strong 100% smokefree law. Preemptive: Bill contains preemptive language that removes the right to local control. Vehicles: Bill addresses smoking in vehicles with children present. Outdoor: Bill primarily addresses smoking in outdoor locations. Other: Bills contain other provisions and should be watched. · The following states have strong bills that include 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; OR repeals preemption: Alabama: HB615 (workplaces, restaurants, bars and gaming) Alaska : HB304 (workplaces, restaurants, bars and gaming) Connecticut: SB245 (workplaces)-Amended, favorably reported out of Legislative Commissioners' Office, and put on
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Senate calendar Iowa : HF6 (casinos)-Session Adjourned; HF174 (casinos and patios)-Session Adjourned Kansas : SB25 (workplaces, restaurants and bars)-Substitute introduced addressing different topic area Louisiana: SB348 (bars and gaming) Michigan : HB4099 (workplaces and restaurants)-Carried over to 2010; SB79 (workplaces, restaurants and bars)Carried over to 2010; SB114 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4196 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4341 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB5077 (preemption repeal)-Carried over to 2010; HB5283 (workplaces, restaurants and bars)-Carried over to 2010 Missouri: HB1766 (workplaces, restaurants and bars); SB904 (workplaces, restaurants, bars and gaming)-Committee hearing held on 2/22 New Jersey: A1062 (casinos); S423 (casinos) New York: S03388 (tribal gaming)-Referred to Investigations and Government Operations Committee Oklahoma: HB1040 (preemption repeal)-Carried over to 2010; HB1728 (workplaces, restaurants and bars)-Carried over to 2010; SB925 (preemption repeal)-Second Reading referred to Rules; HB2343 (workplaces, restaurants and bars)-Second Reading referred to Public Health; SB1809 (workplaces, restaurants and bars)-Second Reading referred to Appropriations Pennsylvania: HB58 (preemption repeal)-Re-committed to House Appropriations Committee; SB113 (restaurants and bars; preemption repeal)-Carried over to 2010; HB1245 (bars; preemption repeal)-Carried over to 2010; SB898 (partial preemption repeal)-Carried over to 2010 Tennessee: HB0017/SB1799 (restaurants and bars)-Carried over to 2010 Vermont: H0118 (workplaces)-Carried over to 2010 West Virginia: SB360 (workplaces, restaurants, bars and gaming)-Session Adjourned Wisconsin: AB253 (workplaces, restaurants, and bars)-Carried over to 2010 · The following states have weak bills that include ventilation, smoking rooms, size exemptions, or other major faults or exemptions: Alabama: HB720 (restaurants); SB541 (restaurants)-Favorable vote from Education Committee Michigan : HB4752 (trigger with tribal gaming)-Carried over to 2010; SB469 (ballot requirement)-Carried over to 2010; HB5535 (tax credit)-Carried over to 2010; HB5637 (smoking areas)-Carried over to 2010 Oklahoma: HB1311 (age restriction)-Carried over to 2010; SB1036 (task force)-Carried over to 2010 South Carolina: H3091 (restaurants and bars)-Carried over to 2010; H3113 (restaurants and bars)-Carried over to 2010; H3523 (workplaces)-Carried over to 2010; S38 (restaurants and bars)-Carried over to 2010 Tennessee: SB431 (signage) West Virginia: HB4507 (appeals of smokefree laws)-Session Adjourned · The following states have bills that create exemptions that weaken a current strong law: D.C.: B18-0084 (exemption) Hawaii: SB1347 (smoking license exemption)-Carried over to 2010 Illinois: HB1145 (smoking licenses)-Carried over to 2010; SB1836 (theatrical exemption)-Carried over to 2010; HB6158 (religious exemption)-Rule 19(a) / Re-referred to Rules Committee Iowa: HF44 (bar patios)-Session Adjourned; HF210 (age exemption)-Session Adjourned; HF358 (bar exemption)Session Adjourned; HF544 (elimination of signage requirement)-Session Adjourned; HF731 (residential treatment exemption)-Session Adjourned; HF2227 (veteran's club exemption)-Session Adjourned Kansas: HB2741 (exemptions)-Referred to Federal and State Affairs Michigan: HB5803 (smoking room exemption) Minnesota: HF257/SF270 (bar and bar area of restaurant exemption)-Carried over to 2010; HF2046-(hookah exemption)-Carried over to 2010; SF898-(smoking break rooms)-Carried over to 2010 New Jersey: A461 (tobacco business exemption) Ohio : SB120 (cigar bar and family bar exemption)-Carried over to 2010 Pennsylvania: HB1146 (fire company exemption)-Carried over to 2010; HB1147 (church exemption)-Carried over to 2010
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Tennessee: HB0163/SB0863 (age restriction)-Agriculture Committee referred HB0163 to general subcommittee; HB441/SB412 (age restriction)-Carried over to 2010 Wisconsin: SB225 (hotel exemption)-Carried over to 2010; AB295 (hotel exemption)-Carried over to 2010 · The following states have preemptive bills: Hawaii: HB2691 (preemptive bar exemption)-Committees recommend measure be deferred; HB2742 (preemptive bar and attached bar exemption); SB2794 (preemptive bar exemption); SB2801 (preemptive bar exemption) Iowa : HF362 (preemption; repeals smokefree law)-Session Adjourned Kansas: SB81 (preemption; minors only and smoking areas)-Carried over to 2010; HB2642 (preemption)-Withdrawn from Appropriations and Referred to Health and Human Services Massachusetts: HB2176 (preemptive exemptions)-Carried over to 2010 New York: A08982 (retail tobacco shop exemption and preemption)-Referred to Economic Development Committee; S06179 (retail tobacco store exemption and preemption)-Advanced to 3rd Reading West Virginia: HB2855 (preemption)-Session Adjourned; HB2932 (preemptive)-Session Adjourned · The following states have bills that address smoking in vehicles when children are present: Arizona: HB2076 (vehicles with minors) Florida: HB1141 (vehicles with minors)-Workshopped in Roads, Bridges, & Ports Policy Committee; S2596 (vehicles with minors)-On Senate Transportation Committee agenda for 4/7 Hawaii: HB1952 (vehicles with minors)-Passed First Reading and Sent to Health and Judicial Committees Illinois: HB889 (vehicles with minors)-Rule 19(a) / Re-referred to Rules Committee Massachusetts: HB3233 (vehicles with minors)-Carried over to 2010; HB3475 (vehicles with minors)-Carried over to 2010; SB1902 (vehicles with minors)-Carried over to 2010 Minnesota: HF379/SF359 (vehicles with minors)-HF379 has hearing on 3/17 New Jersey: A1591/S475 (vehicles with minors) New York: A06288 (vehicles with minors)-Referred to Health Committee; A06714 (vehicles with minors)-Referred to Health Committee; S03191 (vehicles with minors)-Referred to Health Committee Ohio : SB135 (vehicles with minors)-Carried over to 2010 Pennsylvania: HB359 (vehicles with minors)-Carried over to 2010 South Carolina: H3023 (vehicles with minors)-Carried over to 2010; H3082 (vehicles with minors)-Carried over to 2010; H3317 (vehicles with minors)-Carried over to 2010; H3445 (vehicles with minors)-Carried over to 2010; S23 (vehicles with minors)-Carried over to 2010 Tennessee: SB0495 (vehicles with minors)-Carried over to 2010; HB727/SB1550 (vehicles with minors)-Carried over to 2010 Washington: HB1151 (vehicles with minors)-By resolution, reintroduced and retained in present status · The following states have bills primarily addressing smoking in outdoor locations: California: SB4 (parks/beaches)-Passed Assembly, returned to Senate and in unfinished business District of Columbia: B18-042-(reasonable distance)-Enacted Hawaii: HB68 (sidewalks)-Carried over to 2010; HB171 (parks and beaches)-Carried over to 2010; HB1509 (beaches)-Carried over to 2010; SB1040 (beaches)-Carried over to 2010; SB2071 (beaches, parks and bus stops)-Deferred by the Health Committee Massachusetts: HB2162 (reasonable distance)-Carried over to 2010 Michigan: SB906 (state capitol grounds)-Carried over to 2010 Missouri: HB1277 (school property) New Hampshire: HB1186 (parks)-Refer to Interim Study; HB1194 (beaches)-Refer to Interim Study New Jersey: S443 (outdoor public places)-On Hold; S684 (youth; outdoors); A2172/S669 (parks and beaches)-S669 on Hold; A1853/S1522 (state parks and beaches); S889 (state-owned beaches)-On Hold New York: A00577 (reasonable distance)-Referred to Health Committee; A01137 (playgrounds)-Passed Assembly and sent to Senate; A01837-(parks and beaches)-Referred to Health Committee; A07362 (reasonable distance)Referred to Health Committee; S05005 (playgrounds)-Referred to Health Committee; S07098 (transportation
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platforms) Tennessee: SB3719/HB3748 (library grounds)-HB3748 placed on calendar of general subcommittee in Agriculture Committee for 4/6; SB3719 defeated in Commerce, Labor & Agriculture Committee Vermont : H0046 (reasonable distance)-Carried over to 2010; H501 (government building grounds); H568 (reasonable distance) · The following states have other provisions and should be watched: Connecticut: SB264 (day care facilities)-Favorably reported out of Legislative Commissioners' Office, and put on Senate calendar Hawaii: HB66 (public housing)-Carried over to 2010; HB67 (housing)-Carried over to 2010; HB886 (compliance)Carried over to 2010; HB1486 (prisons)-Carried over to 2010; HB1579 (prisons)-Carried over to 2010; SB56 (compliance)-Carried over to 2010; SB455 (public housing)-Carried over to 2010; SB596 (housing)-Carried over to 2010; SB1050 (beaches)-Carried over to 2010 Iowa : HF2015 (gaming exemption referenda)-Session Adjourned Illinois : HB3176 (technical amendment)-Carried over to 2010; SB851 (technical amendment)-Referred to Rules Committee; SB2314 (technical amendment)-Carried over to 2010; HB5524 (enforcement change)-Referred to Rules Committee; SB3591 (enforcement change); SB3174 (electronic cigarettes)-Passed Senate, in House Rules Committee Maryland: SB989 (e-cigarettes in public places) Massachusetts: HB1875 (workplace smoking)-Carried over to 2010; HB1181 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB1243 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB2054 (tobacco free pharmacies)-Carried over to 2010; S813 (tobacco free pharmacies)-Bill reported favorably from the Joint Committee on Public Health Michigan: HB4100 (compliance)-Carried over to 2010; HB4419 (compliance)-Carried over to 2010; HB5284 (workplace liability)-Carried over to 2010 Minnesota: HF1142 (psychiatric hospitals)-Carried over to 2010 Mississippi: SB2644 (youth recreation)-Conference Committee report adopted Nebraska : LB861 (technical amendment)-Advanced to Enrollment New Hampshire: HB1541 (e-cigarettes at educational facilities)-Amended and Passed in House Committee New Jersey: A512 (state vehicles); S446 (housing) New York: S1234 (tobacco free pharmacies)-Referred to Health Committee; A05890 (tobacco free pharmacies)Referred to Health Committee; A06542 (public housing)-Referred to Health Committee; S03242 (playgrounds)Referred to Health Committee; A08700 (housing)-Referred to Judiciary Committee Oklahoma: HB2748 (educational facilities)-Amended and passed Senate Appropriations Committee; SB1674 (educational facilities)-Second Reading referred to Public Health in House; SB1826 (name change)-Second Reading referred to Rules Rhode Island: HB7012 (tobacco-free health care facilities); HB7153 (smoking bar restriction)-Committee recommended measure be held for further study; SB2204 (smoking bar restriction) South Carolina: S31 (schools)-Carried over to 2010 Washington: HB2257 (tobacco-free health care)-By resolution, reintroduced and retained in present status West Virginia: SB24 (tobacco free pharmacies)-Session Adjourned; HB4498 (state capitol)-Session Adjourned Legislation Enacted this Year D.C.: B18-0670 (special event exemption) -Signed by Mayor; B18-042-(reasonable distance)-Enacted New Jersey: A4227/A4228 (e-cigarettes in public places)-Signed by Governor Pennsylvania: SB711 (gaming exemption; preemption)-Signed by the Governor Utah : HB88 (e-cigarette restrictions)-Signed by Governor

Summaries of all NEW bills are listed below: (All other pending bill summaries are on individual state pages on www.protectlocalcontrol.org)
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Louisiana SB348-(bars and gaming)-An Act relative to prohibiting smoking in certain places http://www.legis.state.la.us/billdata/streamdocument.asp?did=689002 http://www.legis.state.la.us/billdata/History.asp?sessionid=10RS&billid=SB348 This bill amends the current smokefree air law to eliminate the exemptions for bars and gaming facilities. Preemptive: No Anti-Preemption Clause: No

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440.

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440.

file:///C|/.../disc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%204210 html[8/19/2011 2:33:16 AM]

</ -You received this message because you are subscribed to the Google Groups "Smokefree-talk" group. To post to this group, send email to smokefree-talk@googlegroups.com. To unsubscribe from this group, send email to smokefree-talk+unsubscribe@googlegroups.com. For more options, visit this group at http://groups.google.com/group/smokefree-talk?hl=en.

file:///C|/.../disc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%204210 html[8/19/2011 2:33:16 AM]

From:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â smokefree-talk@googlegroups.com on behalf of Liz Williams <liz.williams@no-smoke.org> Sent:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Friday, April 22, 2011 7:15 PM To:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â smokefree-talk@googlegroups.com Subject:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â [Smokefree-Talk] Preemption Watch Bill Tracking Summary: 4/22/11 Preemption Watch Weekly Bill Tracking Summary of U.S. State Bills www.protectlocalcontrol.org April 22, 2011 ANR tracks pending legislation relating to states' smokefree air policies as part of the continued fight to prevent preemptive legislation before it can be passed and to overturn preemption in states where it is already in place. Since even a strong bill can become preemptive at any point in the legislative process, it is very important to track even the best bills throughout the entire legislative session and keep a watchful eye out for all attempts to remove local control. Now is a great time to consider setting up a Preemption Strike Force to help combat tobacco industry legislative tricks by allowing for quick and easy communication among proponents of local control. Learn how at http://www.nosmoke.org/pdf/preemptionstrikeforce.pdf. Legislative sessions have ended for 2011 in Arizona, Georgia, Idaho, Kentucky, Maryland, New Mexico, South Dakota, Utah, Virginia, West Virginia, and Wyoming. Below is a listing of state bills that have been introduced in state legislatures thus far. Please visit the www.protectlocalcontrol.org and click on the state of your choice to view the summary, text, and status of pending bills. Please email ANR with any new information regarding pending legislation and preemption attempts in your state and we will analyze and summarize the legislation.

The new and pending legislative bills are classified below into seven categories to clearly delineate which bills will protect public health and should be supported from those that should be opposed because they do not effectively protect public health, weaken a strong law, or intend to preempt local control. New bills and changes in bill status since the last update appear in bold. Strong: Bill includes 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; strengthens existing smokefree laws; or repeals preemption. Weak: Bill includes ventilation, smoking rooms, or other key exemptions. Weakens: Bill weakens a current strong 100% smokefree law. Preemptive: Bill contains preemptive language that removes the right to local control. Vehicles: Bill addresses smoking in vehicles with children present. Outdoor: Bill primarily addresses smoking in outdoor locations. Other: Bills contain other provisions and should be watched. · The following states have strong bills that include 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; OR repeals preemption: Alabama: HB149 (workplaces, restaurants, bars, and gaming)-Failed; SB372 (workplaces, restaurants, bars and gaming)-Read for the first time and referred to Committee on Health California: SB575 (workplaces)-Passed Senate Labor and Industrial Relations Committee, and referred to

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Appropriations Committee; hearing scheduled for 5/2 Connecticut: HB5286 (private clubs); HB5614 (private clubs); SB00531 (private clubs); SB884 (private clubs) Florida: HB211 (partial preemption repeal)-First Reading in Health & Human Services Quality Subcommittee; SB1070 (partial preemption repeal)-Referred to the Committees on Regulated Industries; Health Regulation; and Community Affairs Indiana: SB355 (workplaces, restaurants, and bars) Iowa : HF21 (casinos) Kansas: HB2039 (removes casino exemption); HB2340 (casinos)-Passed House and sent to Senate Committee on Federal and State Affairs Missouri: HB438 (workplaces, restaurants, bars and gaming)-Public Hearing Completed New Jersey: A1062 (casinos)-Carried over from 2010; S423 (casinos)-Carried over from 2010 Oklahoma: SB111 (workplaces, restaurants and bars)-Died; HB2010 (preemption repeal)-Died Pennsylvania: SB35 (restaurants, bars & preemption repeal); HB412 (remove gaming exemption); HB824 (restaurants, bars & preemption repeal) Texas : HB670 (workplaces, restaurants, and bars)-Considered in Calendars; SB355 (workplaces, restaurants, and bars)-Reported favorably as substituted in Health and Human Services Committee · The following states have weak bills that include ventilation, smoking rooms, size exemptions, or other major faults or exemptions: Connecticut: SB948 (small workplaces)-Referred by Senate to Committee on Planning and Development Maine: LD1230 (private clubs) Massachusetts: S00170 (smoking areas in gaming facilities) South Carolina: H3015 (restaurants and bars)-Prefiled and Referred to Committee on Judiciary; H3022 (restaurants and bars)-Prefiled and Referred to Committee on Judiciary; H3033 (restaurants and bars)-Prefiled and Referred to Committee on Judiciary; H3109 (public indoor areas)-Prefiled and Referred to Committee on Judiciary · The following states have bills that create exemptions that weaken a current strong law: Illinois: HB171 (casino exemption)-Rule 19(a) / Re-referred to Rules Committee; HB1310 (smoking license exemption)-Rule 19(a) / Re-referred to Rules Committee; HB1965 (gaming exemption)-Passed House and sent to Senate Iowa : SF81 (bar and restaurant exemptions) Massachusetts: H03368 (hookah bars) Michigan: HB4127 (broad exemptions); HB4255 (veterans' club exemption); HB4447 (restaurant patio exemption) Minnesota: HF0188 (bar exemption); SF0168 (bar exemption); SF0362 (smoking rooms) New Jersey: A461 (tobacco business exemption)-Carried over from 2010; S2001/A2897 (gaming exemption)-Carried over from 2010 North Carolina: SB469 (roll back restaurant and bar law) Oregon: HB2350 (smoke shop exemption expansion)-Public Hearing held 3/30; HB2599 (cigar bar exemption expansion); HB2601 (private club & smoke shop exemption)-Work session held 4/18; HB3457 (theatrical exemption)-Referred to Senate Business, Transportation and Economic Development Pennsylvania: HB987 (outdoor fair exemption) Tennessee: HB1415 / SB0956 (age restriction change) Washington: HB1683 (cigar lounge exemption)-Substitute bill adopted by House Committee on Business & Financial Services; SB5542 (cigar lounge exemption)-Public hearing in the Senate Committee on Ways & Means on 3/16 · The following states have preemptive bills: Hawaii: HB1370 (exempt and preempt smoking permits); HB1441 (exempt and preempt smoking permits); SB585 (exempt and preempt smoking permits); SB708 (exempt and preempt smoking permits)-Committees on Health and Public Safety, Military and Intergovernmental Affairs deferred the measure Massachusetts: H01541 (preemptive smoking bar exemption); S01159 (preempts regulation of cigar bars)

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· The following states have bills that address smoking in vehicles when children are present: Arizona: SB1551 (vehicles with minors)-Session Adjourned Connecticut: HB05502 (vehicles with minors) Florida: SB1212 (vehicles with minors)-Referred to the Committees on Health Regulation; Transportation; Criminal Justice; HB971 (vehicles with minors) Hawaii: HB29 (vehicles with minors); SB970 (vehicles with minors) Minnesota: HF0541 (vehicles with minors) New Jersey: A1591/S475 (vehicles with minors)-Carried over from 2010; A2814 (vehicles with minors)-Carried over from 2010 New York: A04902 (vehicles with minors)-Enacting clause stricken; S03082 (vehicles with minors) Ohio : SB27 (vehicle with minors) Oregon: HB2261 (vehicles with minors) Rhode Island: SB240 (vehicle with minors) South Carolina: S215 (vehicle with minors)-Prefiled and Referred to Committee on Transportation; H3202 (vehicle with minors); S292 (vehicle with minors); H3427 (vehicle with minors) Tennessee: HB0606/ SB0776 (vehicle with minors)-HB0606 taken off notice for calendar of Agriculture Committee for 4/5 Vermont : H68 (vehicles with minors); H116 (vehicles with minors) Washington: SB5016 (vehicle with minors)-Senate Committee on Transportation's Majority Report referred without recommendation · The following states have bills primarily addressing smoking in outdoor locations: Hawaii: HB89 (outdoor areas of housing and hotels); HB1318 (outdoor areas); SB1435 (outdoor areas) Iowa : HF274 (health care entrances) Massachusetts: H00627 (reasonable distance) New Hampshire: HB568 (parks)-Hearing on 2/10 New Jersey: S443 (outdoor public places)-Carried over from 2010; S684 (youth; outdoors)-Carried over from 2010; A2172/S669 (parks and beaches)-Carried over from 2010; A1853 (state parks and beaches)-Carried over from 2010; S889 (state-owned beaches)-Carried over from 2010 New York: A00184 (reasonable distance); A00597 (transportation platforms); A01532 (parks and beaches); S02997 (transportation platforms); A05516 (transportation platforms)-Amended and recommitted to Health Committee; S03461 (transportation platforms)-On 2nd report calendar; A06156 (parks and plazas); A06451 (playgrounds)-Referred from Health Committee to Codes Committee; A06543 (playgrounds); A07142 (reasonable distance); S04401 (playgrounds) Vermont: H191 (ski areas); H0379 (state parks) · The following states have other provisions and should be watched: California: AB217 (long term health care facilities)-Amended and re-referred to Appropriations Committee; SB332 (housing)-Hearing set for April 26 Connecticut: SB00415 (hookah lounges)-Favorable Report from Public Health Committee Florida : HB891 (schools)-Reported out of Rulemaking & Regulation Subcommittee; SB1430 (schools)-Passed Education Pre-K - 12 Committee and sent to Judiciary Committee Hawaii: HB46 (public housing)-Amended, Passed HSG Committee, and referred to Judiciary Committee; HB1494 (condos)-Amended, passed Health Committee, and sent to CPC Committee; SB908 (public housing)-Committee on HMS deferred the measure Illinois: HB802 (technical amendment)-Rule 19(a) / Re-referred to Rules Committee; HB803 (technical amendment)-Rule 19(a) / Re-referred to Rules Committee; SB860 (technical amendment) -Passed Executive Committee and Placed on Calendar 3rd Reading for 3/29; SB861 (technical amendment) -Passed Executive Committee and Placed on Calendar 3rd Reading for 3/29; HB2216 (technical amendment)-Rule 19(a) / Re-referred to Rules Committee Indiana : SB55 (municipal ballot); HB1120 (municipal ballot)
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Iowa : HF86 (school property); SF458 (gaming bill) Maine : LD1067 (housing disclosure) Massachusetts: H02110 (elderly public housing)-Hearing scheduled for 5/3; H03253 (all multi-unit housing); H00591 (tobacco-free pharmacies); S01094 (tobacco-free pharmacies) Missouri: HB314 (school property)-Public hearing held 4/5; HB445 (correctional facilities)-Public hearing completed; SB289 (correctional facilities) Nebraska: LB313 (school property)-Notice of hearing for 2/8 Nevada: AB128 (college campuses)-Amend and Passed Judiciary Committee, sent to full Assembly New Jersey: A512 (state vehicles)-Carried over from 2010; S446 (housing)-Carried over from 2010 New York: A03430 (correctional facilities); A06097 (public housing) Oklahoma: SB485 (technical amendment)-Died; HB1258 (hospitals)-Died Oregon: HB2726 (smoke shop registry)-Work session held 4/20; SB293 (housing)-Public Hearing and Possible Work Session scheduled for 4/28; HB3014 (electronic cigarettes); HB3191 (technical change); HB3329 (amend smoke shop exemption) South Carolina: S219 (schools)-Prefiled and Referred to Committee on Education; H4092 (colleges) Tennessee: HB1123 / SB0853 (fire stations)-HB1123 taken off notice for calendar of Agriculture Committee for 4/5; HB1470 / SB1936 (local control for hospital grounds)-HB1470 recommended for passage by Agriculture Committee and SB1936 placed on Commerce, Labor & Agriculture Committee calendar for 4/26 Texas: SB1783 (warning signs)

Legislation Enacted this Session Arkansas : SB1004 (vehicles with minors)-Signed by Governor Colorado: HB11-1016 (e-cigarettes on school property)-Signed by Governor Montana: HB19 (adding marijuana to smokefree law)-Signed by Governor Summaries of all NEW bills are listed below: (All other pending bill summaries are on individual state pages on www.protectlocalcontrol.org) Alabama SB372-(workplaces, restaurants, bars and gaming)-An Act to establish the Alabama Smoke-free Air Act of 2011-Read for the first time and referred to Committee on Health http://alisondb.legislature.state.al.us/acas/searchableinstruments/2011RS/Printfiles/SB372-int.pdf http://alisondb.legislature.state.al.us/acas/ACASLogin.asp?SESSION=1051 (Click "Bills," then click "Status," & insert bill number) This bill would prohibit smoking and the use of e-cigarettes in enclosed public places and places of employment, including restaurants, bars, gaming facilities, within 15 feet of doorways of public places and places of employment, bleachers & grandstands, seating areas of restaurants and bars, and playgrounds. Preemptive: No Anti-Preemption Clause: Yes EXCEPTIONS: Smoking is allowed in private residences except if used as a child/adult/health care facility and outdoor places of employment not covered by the bill.

Liz Williams Project Manager Americans for Nonsmokers' Rights

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American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440.

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440. </ -You received this message because you are subscribed to the Google Groups "Smokefree-talk" group. To post to this group, send email to smokefree-talk@googlegroups.com. To unsubscribe from this group, send email to smokefree-talk+unsubscribe@googlegroups.com. For more options, visit this group at http://groups.google.com/group/smokefree-talk?hl=en.

file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2042211.html[8/19/2011 2:33:18 AM]

From:                             smokefree-talk@googlegroups.com on behalf of Liz Williams <liz.williams@no-smoke.org> Sent:                              Friday, April 23, 2010 7:52 PM To:                                  smokefree-talk@googlegroups.com Subject:                         [Smokefree-Talk] Preemption Watch Bill Tracking Summary: 4/23/10 Preemption Watch Weekly Bill Tracking Summary of U.S. State Bills www.protectlocalcontrol.org April 23, 2010 ANR tracks pending legislation relating to states' smokefree air policies as part of the continued fight to prevent preemptive legislation before it can be passed and to overturn preemption in states where it is already in place. Since even a strong bill can become preemptive at any point in the legislative process, it is very important to track even the best bills throughout the entire legislative session and keep a watchful eye out for all attempts to remove local control. In 2010, consider setting up a Preemption Strike Force to help combat tobacco industry legislative tricks by allowing for quick and easy communication among proponents of local control. Learn how at http://www.nosmoke.org/pdf/preemptionstrikeforce.pdf. Legislative sessions have ended in: Alabama, Alaska, Arkansas, Idaho, Indiana, Iowa, Kentucky, Maine, Maryland, Mississippi, Nebraska, New Mexico, South Dakota, Utah, Virginia, Washington, West Virginia and Wyoming. Also, 2010 sessions are not held in Montana, Nevada, North Dakota, Oregon, and Texas. Below is a listing of state bills that have been introduced in state legislatures. Please visit the www.protectlocalcontrol.org and click on the state of your choice to view the summary, text, and status of pending bills. Please email ANR with any new information regarding pending legislation and preemption attempts in your state and we will analyze and summarize the legislation. The new and pending legislative bills are classified below into seven categories to clearly delineate which bills will protect public health and should be supported from those that should be opposed because they do not effectively protect public health, weaken a strong law, or intend to preempt local control. New bills and changes in bill status since the last update appear in bold. Strong: Bill includes 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; strengthens existing smokefree laws; or repeals preemption. Weak: Bill includes ventilation, smoking rooms, or other key exemptions. Weakens: Bill weakens a current strong 100% smokefree law. Preemptive: Bill contains preemptive language that removes the right to local control. Vehicles: Bill addresses smoking in vehicles with children present. Outdoor: Bill primarily addresses smoking in outdoor locations. Other: Bills contain other provisions and should be watched. · The following states have strong bills that include 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; OR repeals preemption: Alabama: HB615 (workplaces, restaurants, bars and gaming)-Session Adjourned Alaska: HB304 (workplaces, restaurants, bars and gaming)-Session Adjourned
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Connecticut: SB245 (workplaces)-Passed Senate and sent to House Kansas : SB25 (workplaces, restaurants and bars)-Substitute introduced addressing different topic area Louisiana: SB348 (bars and gaming) Michigan: HB4099 (workplaces and restaurants)-Carried over to 2010; SB79 (workplaces, restaurants and bars)Carried over to 2010; SB114 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4196 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4341 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB5077 (preemption repeal)-Carried over to 2010; HB5283 (workplaces, restaurants and bars)-Carried over to 2010 Missouri: HB1766 (workplaces, restaurants and bars); SB904 (workplaces, restaurants, bars and gaming)-Committee hearing held on 2/22 New Jersey: A1062 (casinos); S423 (casinos) New York: S03388 (tribal gaming)-Referred to Investigations and Government Operations Committee Oklahoma: HB1040 (preemption repeal)-Carried over to 2010; HB1728 (workplaces, restaurants and bars)-Carried over to 2010; SB925 (preemption repeal)-Second Reading referred to Rules; HB2343 (workplaces, restaurants and bars)-Second Reading referred to Public Health; SB1809 (workplaces, restaurants and bars)-Second Reading referred to Appropriations Pennsylvania: HB58 (preemption repeal)-Re-committed to House Appropriations Committee; SB113 (restaurants and bars; preemption repeal)-Carried over to 2010; HB1245 (bars; preemption repeal)-Carried over to 2010; SB898 (partial preemption repeal)-Carried over to 2010 Tennessee: HB0017/SB1799 (restaurants and bars)-Carried over to 2010 Vermont: H0118 (workplaces)-Carried over to 2010 Wisconsin: AB253 (workplaces, restaurants, and bars)-Carried over to 2010 · The following states have weak bills that include ventilation, smoking rooms, size exemptions, or other major faults or exemptions: Alabama: HB720 (restaurants)-Session Adjourned; SB541 (restaurants)-Session Adjourned Louisiana: SB334 (strengthens bars and weakens restaurants); HB1323 (gaming) Michigan : HB4752 (trigger with tribal gaming)-Carried over to 2010; SB469 (ballot requirement)-Carried over to 2010; HB5535 (tax credit)-Carried over to 2010; HB5637 (smoking areas)-Carried over to 2010 Oklahoma: HB1311 (age restriction)-Carried over to 2010; SB1036 (task force)-Carried over to 2010; HB2774 (financial incentives)-Passed Senate and engrossed to House South Carolina: H3091 (restaurants and bars)-Carried over to 2010; H3113 (restaurants and bars)-Carried over to 2010; H3523 (workplaces)-Carried over to 2010; S38 (restaurants and bars)-Carried over to 2010 Tennessee: SB431 (signage) · The following states have bills that create exemptions that weaken a current strong law: D.C.: B18-0084 (exemption) Hawaii: SB1347 (smoking license exemption)-Carried over to 2010 Illinois: HB1145 (smoking licenses)-Carried over to 2010; SB1836 (theatrical exemption)-Carried over to 2010; HB6158 (religious exemption)-Rule 19(a) / Re-referred to Rules Committee Kansas: HB2741 (exemptions)-Referred to Federal and State Affairs Michigan: HB5803 (smoking room exemption) Minnesota: HF257/SF270 (bar and bar area of restaurant exemption)-Carried over to 2010; HF2046-(hookah exemption)-Carried over to 2010; SF898-(smoking break rooms)-Carried over to 2010 New Jersey: A461 (tobacco business exemption) Ohio : SB120 (cigar bar and family bar exemption)-Carried over to 2010 Pennsylvania: HB1146 (fire company exemption)-Carried over to 2010; HB1147 (church exemption)-Carried over to 2010 Tennessee: HB0163/SB0863 (age restriction)-HB0163 Failed for Lack of Motion; HB441/SB412 (age restriction)Carried over to 2010 Wisconsin: SB225 (hotel exemption)-Carried over to 2010; AB295 (hotel exemption)-Carried over to 2010; AB720SA1-Amendment adopted in Senate, and Assembly concurred
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· The following states have preemptive bills: Hawaii: HB2691 (preemptive bar exemption)-Committees recommend measure be deferred; HB2742 (preemptive bar and attached bar exemption); SB2794 (preemptive bar exemption); SB2801 (preemptive bar exemption) Kansas: SB81 (preemption; minors only and smoking areas)-Carried over to 2010; HB2642 (preemption)-Withdrawn from Appropriations and Referred to Health and Human Services Massachusetts: HB2176 (preemptive exemptions)-Carried over to 2010 New York: A08982 (retail tobacco shop exemption and preemption)-Referred to Economic Development Committee; S06179 (retail tobacco store exemption and preemption)-Advanced to 3rd Reading · The following states have bills that address smoking in vehicles when children are present: Arizona: HB2076 (vehicles with minors) Florida: HB1141 (vehicles with minors)-Workshopped in Roads, Bridges, & Ports Policy Committee; S2596 (vehicles with minors)-On Senate Transportation Committee agenda for 4/7 Hawaii: HB1952 (vehicles with minors)-Passed First Reading and Sent to Health and Judicial Committees Illinois: HB889 (vehicles with minors)-Rule 19(a) / Re-referred to Rules Committee Massachusetts: HB3233 (vehicles with minors)-Carried over to 2010; HB3475 (vehicles with minors)-Carried over to 2010; SB1902 (vehicles with minors)-Carried over to 2010 Minnesota: HF379/SF359 (vehicles with minors)-HF379 has hearing on 3/17 New Jersey: A1591/S475 (vehicles with minors) New York: A06288 (vehicles with minors)-Referred to Health Committee; A06714 (vehicles with minors)-Amended and recommitted to Health Committee; S03191 (vehicles with minors)-Amended and recommitted to Health Committee Ohio: SB135 (vehicles with minors)-Carried over to 2010 Pennsylvania: HB359 (vehicles with minors)-Carried over to 2010 South Carolina: H3023 (vehicles with minors)-Carried over to 2010; H3082 (vehicles with minors)-Carried over to 2010; H3317 (vehicles with minors)-Carried over to 2010; H3445 (vehicles with minors)-Carried over to 2010; S23 (vehicles with minors)-Carried over to 2010 Tennessee: SB0495 (vehicles with minors)-Carried over to 2010; HB727/SB1550 (vehicles with minors)-Carried over to 2010 · The following states have bills primarily addressing smoking in outdoor locations: California: SB4 (parks/beaches)-Sent to Governor Hawaii: HB68 (sidewalks)-Carried over to 2010; HB171 (parks and beaches)-Carried over to 2010; HB1509 (beaches)-Carried over to 2010; SB1040 (beaches)-Carried over to 2010; SB2071 (beaches, parks and bus stops)-Deferred by the Health Committee Massachusetts: HB2162 (reasonable distance)-Carried over to 2010 Michigan: SB906 (state capitol grounds)-Carried over to 2010 Missouri: HB1277 (school property) New Hampshire: HB1186 (parks)-Interim Study Subcommittee Work Session on 4/27; HB1194 (beaches)Interim Study Subcommittee Work Session on 4/27 New Jersey: S443 (outdoor public places)-On Hold; S684 (youth; outdoors); A2172/S669 (parks and beaches)-S669 on Hold; A1853/S1522 (state parks and beaches); S889 (state-owned beaches)-On Hold New York: A00577 (reasonable distance)-Referred to Health Committee; A01137 (playgrounds)-Passed Assembly and sent to Senate; A01837-(parks and beaches)-Referred to Health Committee; A07362 (reasonable distance)Referred to Health Committee; S05005 (playgrounds)-Referred to Health Committee; S07098 (transportation platforms); A10500 (transportation platforms) Tennessee: SB3719/HB3748 (library grounds)-HB3748 on calendar in Agriculture general subcommittee 4/27; SB3719 on Senate calendar for 4/26 Vermont : H0046 (reasonable distance)-Carried over to 2010; H501 (government building grounds); H568 (reasonable distance)
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· The following states have other provisions and should be watched: Connecticut: SB264 (day care facilities)-Favorably reported out of Legislative Commissioners' Office, and put on Senate calendar Hawaii: HB66 (public housing)-Carried over to 2010; HB67 (housing)-Carried over to 2010; HB886 (compliance)Carried over to 2010; HB1486 (prisons)-Carried over to 2010; HB1579 (prisons)-Carried over to 2010; SB56 (compliance)-Carried over to 2010; SB455 (public housing)-Carried over to 2010; SB596 (housing)-Carried over to 2010; SB1050 (beaches)-Carried over to 2010 Illinois: HB3176 (technical amendment)-Carried over to 2010; SB851 (removes nursing home exemption)-Passed House Environmental Health Committee; SB2314 (technical amendment)-Carried over to 2010; HB5524 (enforcement change)-Referred to Rules Committee; SB3591 (enforcement change)-Rule 2-10 Third Reading Deadline Established as May 7; SB3174 (electronic cigarettes)-Passed Senate, in House Rules Committee Massachusetts: HB1875 (workplace smoking)-Carried over to 2010; HB1181 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB1243 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB2054 (tobacco free pharmacies)-Carried over to 2010; S813 (tobacco free pharmacies)-Bill reported favorably from the Joint Committee on Public Health Michigan: HB4100 (compliance)-Carried over to 2010; HB4419 (compliance)-Carried over to 2010; HB5284 (workplace liability)-Carried over to 2010 Minnesota: HF1142 (psychiatric hospitals)-Carried over to 2010 Mississippi: SB2644 (youth recreation)-Conference Committee report adopted New Hampshire: HB1541 (e-cigarettes at educational facilities)-Passed the Senate Commerce, Labor And Consumer Protection Committee New Jersey: A512 (state vehicles); S446 (housing) New York: S1234 (tobacco free pharmacies)-Referred to Health Committee; A05890 (tobacco free pharmacies)Referred to Health Committee; A06542 (public housing)-Referred to Health Committee; S03242 (playgrounds)Referred to Health Committee; A08700 (housing)-Referred to Judiciary Committee Oklahoma: SB1674 (educational facilities)-Second Reading referred to Public Health in House; SB1826 (name change)-Second Reading referred to Rules; SB1984 (name change) Rhode Island: HB7012 (tobacco-free health care facilities); HB7153 (smoking bar restriction)-Committee recommended measure be held for further study; SB2204 (smoking bar restriction) South Carolina: S31 (schools)-Carried over to 2010; H4412 (reasonable distance) Legislation Enacted this Year D.C.: B18-0670 (special event exemption) -Signed by Mayor; B18-042-(reasonable distance)-Enacted Nebraska: LB861 (technical amendment)-Signed by Governor New Jersey: A4227/A4228 (e-cigarettes in public places)-Signed by Governor Oklahoma: HB2748 (educational facilities)-Signed by Governor Pennsylvania: SB711 (gaming exemption; preemption)-Signed by the Governor Utah : HB88 (e-cigarette restrictions)-Signed by Governor

Summaries of all NEW bills are listed below: (All other pending bill summaries are on individual state pages on www.protectlocalcontrol.org) Louisiana HB1323-(gaming)-An Act relative to smoking in gaming establishments http://www.legis.state.la.us/billdata/streamdocument.asp?did=697587 http://www.legis.state.la.us/billdata/History.asp?sessionid=10RS&billid=HB1323 This bill amends the current smokefree air law to restrict smoking in gaming facilities. Smoking would be prohibited
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in riverboat or land-based casinos with occupancy of more than 500 people unless the casino provides a separately enclosed and ventilated smokefree gaming area for use by its patrons. Preemptive: No Anti-Preemption Clause: No Oklahoma HB2774-(financial incentives)-An Act creating the Clean Air in Restaurants Act-Passed Senate and engrossed to House http://webserver1.lsb.state.ok.us/2009-10bills/HB/hb2774_engr.rtf http://webserver1.lsb.state.ok.us/WebBillStatus/main.html This bill provides restaurants with financial incentives to remove smoking rooms and go smokefree by January 1, 2013. The State Department of Health would implement a rebate program to reimburse restaurant owners 50% of their cost of building a smoking room prior to 2010 if they go completely smokefree. The bill also creates programs entitled the "Oklahoma Certified Healthy Communities Act" and the "Oklahoma Certified Healthy Schools Act." Preemptive: No Anti-Preemption Clause: No Wisconsin AB720-SA1-(definition change)-An Act relating to amending and revising various provisions-Amendment adopted in Senate, and Assembly concurred http://www.legis.state.wi.us/2009/data/AB720-SA1.pdf http://www.legis.state.wi.us/2009/data/AB720hst.html Amendment #1 amends the definition of "substantial wall" in the new smokefree air law, which determines whether or not smoking can be allowed in a location based on the number of substantial walls. The amendment would allow that a wall with closed windows covering 25% or more of the wall's surface area would not be considered a substantial wall. Preemptive: No Anti-Preemption Clause: No

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440.

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Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440. </ -You received this message because you are subscribed to the Google Groups "Smokefree-talk" group. To post to this group, send email to smokefree-talk@googlegroups.com. To unsubscribe from this group, send email to smokefree-talk+unsubscribe@googlegroups.com. For more options, visit this group at http://groups.google.com/group/smokefree-talk?hl=en.

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From:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â smokefree-talk@googlegroups.com on behalf of Liz Williams <liz.williams@no-smoke.org> Sent:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Friday, April 29, 2011 9:20 PM To:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â smokefree-talk@googlegroups.com Subject:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â [Smokefree-Talk] Preemption Watch Bill Tracking Summary: 4/29/11 Preemption Watch Weekly Bill Tracking Summary of U.S. State Bills www.protectlocalcontrol.org April 29, 2011 ANR tracks pending legislation relating to states' smokefree air policies as part of the continued fight to prevent preemptive legislation before it can be passed and to overturn preemption in states where it is already in place. Since even a strong bill can become preemptive at any point in the legislative process, it is very important to track even the best bills throughout the entire legislative session and keep a watchful eye out for all attempts to remove local control. Now is a great time to consider setting up a Preemption Strike Force to help combat tobacco industry legislative tricks by allowing for quick and easy communication among proponents of local control. Learn how at http://www.nosmoke.org/pdf/preemptionstrikeforce.pdf. Legislative sessions have ended for 2011 in Arizona, Arkansas, Georgia, Idaho, Kentucky, Maryland, Montana, New Mexico, North Dakota, Oklahoma, South Dakota, Utah, Virginia, West Virginia, and Wyoming. Below is a listing of state bills that have been introduced in state legislatures thus far. Please visit the www.protectlocalcontrol.org and click on the state of your choice to view the summary, text, and status of pending bills. Please email ANR with any new information regarding pending legislation and preemption attempts in your state and we will analyze and summarize the legislation.

The new and pending legislative bills are classified below into seven categories to clearly delineate which bills will protect public health and should be supported from those that should be opposed because they do not effectively protect public health, weaken a strong law, or intend to preempt local control. New bills and changes in bill status since the last update appear in bold. Strong: Bill includes 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; strengthens existing smokefree laws; or repeals preemption. Weak: Bill includes ventilation, smoking rooms, or other key exemptions. Weakens: Bill weakens a current strong 100% smokefree law. Preemptive: Bill contains preemptive language that removes the right to local control. Vehicles: Bill addresses smoking in vehicles with children present. Outdoor: Bill primarily addresses smoking in outdoor locations. Other: Bills contain other provisions and should be watched. • The following states have strong bills that include 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; OR repeals preemption: Alabama: SB372 (workplaces, restaurants, bars and gaming)-Read for the first time and referred to Committee on Health California: SB575 (workplaces)-Passed Senate Labor and Industrial Relations Committee, and referred to

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Appropriations Committee; hearing scheduled for 5/2 Connecticut: HB5286 (private clubs); HB5614 (private clubs); SB00531 (private clubs); SB884 (private clubs) Florida: HB211 (partial preemption repeal)-First Reading in Health & Human Services Quality Subcommittee; SB1070 (partial preemption repeal)-Referred to the Committees on Regulated Industries; Health Regulation; and Community Affairs Indiana: SB355 (workplaces, restaurants, and bars) Iowa : HF21 (casinos) Kansas: HB2039 (removes casino exemption); HB2340 (casinos)-Passed House and sent to Senate Committee on Federal and State Affairs Missouri: HB438 (workplaces, restaurants, bars and gaming)-Public Hearing Completed New Jersey: A1062 (casinos)-Carried over from 2010; S423 (casinos)-Carried over from 2010 Pennsylvania: SB35 (restaurants, bars & preemption repeal); HB412 (remove gaming exemption); HB824 (restaurants, bars & preemption repeal) Texas : HB670 (workplaces, restaurants, and bars)-Considered in Calendars; SB355 (workplaces, restaurants, and bars)-Reported favorably as substituted in Health and Human Services Committee • The following states have weak bills that include ventilation, smoking rooms, size exemptions, or other major faults or exemptions: Connecticut: SB948 (small workplaces)ÂMotion failed in Committee on Planning and Development Maine: LD1230 (private clubs) Massachusetts: S00170 (smoking areas in gaming facilities)ÂHearing scheduled for 5/4 South Carolina: H3015 (restaurants and bars)-Prefiled and Referred to Committee on Judiciary; H3022 (restaurants and bars)-Prefiled and Referred to Committee on Judiciary; H3033 (restaurants and bars)-Prefiled and Referred to Committee on Judiciary; H3109 (public indoor areas)-Prefiled and Referred to Committee on Judiciary • The following states have bills that create exemptions that weaken a current strong law: Illinois: HB171 (casino exemption)-Rule 19(a) / Re-referred to Rules Committee; HB1310 (smoking license exemption)-Rule 19(a) / Re-referred to Rules Committee; HB1965 (gaming exemption)-Passed House and sent to Senate Iowa : SF81 (bar and restaurant exemptions) Massachusetts: H03368 (hookah bars) Michigan: HB4127 (broad exemptions); HB4255 (veterans' club exemption); HB4447 (restaurant patio exemption) Minnesota: HF0188 (bar exemption); SF0168 (bar exemption); SF0362 (smoking rooms) New Jersey: A461 (tobacco business exemption)-Carried over from 2010; S2001/A2897 (gaming exemption)-Carried over from 2010 North Carolina: SB469 (roll back restaurant and bar law) Oregon: HB2350 (smoke shop exemption expansion)-Public Hearing held 3/30; HB2599 (cigar bar exemption expansion); HB2601 (private club & smoke shop exemption)-Work session held 4/18; HB3457 (theatrical exemption)Referred to Senate Business, Transportation and Economic Development Pennsylvania: HB987 (outdoor fair exemption) Tennessee: HB1415 / SB0956 (age restriction change) Washington: HB1683 (cigar lounge exemption)ÂBy resolution, reintroduced and retained in present status in 1st Special Session; SB5542 (cigar lounge exemption)ÂBy resolution, reintroduced and retained in present status in 1st Special Session • The following states have preemptive bills: Hawaii: HB1370 (exempt and preempt smoking permits); HB1441 (exempt and preempt smoking permits); SB585 (exempt and preempt smoking permits); SB708 (exempt and preempt smoking permits)-Committees on Health and Public Safety, Military and Intergovernmental Affairs deferred the measure Massachusetts: H01541 (preemptive smoking bar exemption) ÂHearing scheduled for 5/10; S01159 (preempts regulation of cigar bars) ÂHearing scheduled for 5/10
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New York: A07305 (retail tobacco shop exemption and preemption); S04859 (retail tobacco shop exemption and preemption) • The following states have bills that address smoking in vehicles when children are present: Arkansas :ÂDied in House Committee, Session Adjourned Connecticut: HB05502 (vehicles with minors) Florida: SB1212 (vehicles with minors)-Referred to the Committees on Health Regulation; Transportation; Criminal Justice; HB971 (vehicles with minors) Hawaii: HB29 (vehicles with minors); SB970 (vehicles with minors) Minnesota: HF0541 (vehicles with minors) New Jersey: A1591/S475 (vehicles with minors)-Carried over from 2010; A2814 (vehicles with minors)-Carried over from 2010 New York: A04902 (vehicles with minors)-Enacting clause stricken; S03082 (vehicles with minors); A07285 (vehicles with minors) Ohio : SB27 (vehicle with minors) Oregon: HB2261 (vehicles with minors) Rhode Island: SB240 (vehicle with minors) South Carolina: S215 (vehicle with minors)-Prefiled and Referred to Committee on Transportation; H3202 (vehicle with minors); S292 (vehicle with minors); H3427 (vehicle with minors) Tennessee: HB0606/ SB0776 (vehicle with minors)-HB0606 taken off notice for calendar of Agriculture Committee for 4/5 Vermont : H68 (vehicles with minors); H116 (vehicles with minors) Washington: SB5016 (vehicle with minors)ÂBy resolution, reintroduced and retained in present status in 1st Special Session • The following states have bills primarily addressing smoking in outdoor locations: Hawaii: HB89 (outdoor areas of housing and hotels); HB1318 (outdoor areas); SB1435 (outdoor areas) Iowa : HF274 (health care entrances) Massachusetts: H00627 (reasonable distance) ÂHearing scheduled for 5/10 New Hampshire: HB568 (parks)-Hearing on 2/10 New Jersey: S443 (outdoor public places)-Carried over from 2010; S684 (youth; outdoors)-Carried over from 2010; A2172/S669 (parks and beaches)-Carried over from 2010; A1853 (state parks and beaches)-Carried over from 2010; S889 (state-owned beaches)-Carried over from 2010 New York: A00184 (reasonable distance); A00597 (transportation platforms); A01532 (parks and beaches); S02997 (transportation platforms); A05516 (transportation platforms)-Amended and recommitted to Health Committee; S03461 (transportation platforms)-On 2nd report calendar; A06156 (parks and plazas); A06451 (playgrounds)-Referred from Health Committee to Codes Committee; A06543 (playgrounds); A07142 (reasonable distance); S04401 (playgrounds) Vermont: H191 (ski areas); H0379 (state parks) • The following states have other provisions and should be watched: California: AB217 (long term health care facilities) ÂAppropriations Committee hearing scheduled for 5/4; SB332 (housing)-Hearing set for April 26 Connecticut: SB00415 (hookah lounges)-Favorable Report from Public Health Committee Florida : HB891 (schools)ÂFavorable with CS by Health & Human Services Committee; SB1430 (schools) ÂFavorable vote from Judiciary Committee, read 1st time in Education Committee Hawaii: HB46 (public housing)-Amended, Passed HSG Committee, and referred to Judiciary Committee; HB1494 (condos)-Amended, passed Health Committee, and sent to CPC Committee; SB908 (public housing)-Committee on HMS deferred the measure Illinois: HB802 (technical amendment)-Rule 19(a) / Re-referred to Rules Committee; HB803 (technical amendment)Rule 19(a) / Re-referred to Rules Committee; SB860 (technical amendment) -Passed Executive Committee and Placed
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on Calendar 3rd Reading for 3/29; SB861 (technical amendment) -Passed Executive Committee and Placed on Calendar 3rd Reading for 3/29; HB2216 (technical amendment)-Rule 19(a) / Re-referred to Rules Committee Indiana: SB55 (municipal ballot); HB1120 (municipal ballot) Iowa : HF86 (school property); SF458 (gaming bill) Maine : LD1067 (housing disclosure) Massachusetts: H02110 (elderly public housing)-Hearing scheduled for 5/3; H03253 (all multi-unit housing) ÂHearing scheduled for 5/10; H00591 (tobacco-free pharmacies) ÂHearing scheduled for 5/10; S01094 (tobacco-free pharmacies)ÂHearing scheduled for 5/10 Missouri : HB314 (school property)-Public hearing held 4/5; HB445 (correctional facilities)-Public hearing completed; SB289 (correctional facilities) Nebraska: LB313 (school property)-Notice of hearing for 2/8 Nevada: AB128 (college campuses)ÂAmended and Re-referred to Assembly Committee on Ways and Means New Jersey: A512 (state vehicles)-Carried over from 2010; S446 (housing)-Carried over from 2010 New York: A03430 (correctional facilities); A06097 (public housing) Oregon: HB2726 (smoke shop registry)-Amended and Passed House; SB293 (housing)-ÂPublic Hearing and Work Session held on 4/28; HB3014 (electronic cigarettes); HB3191 (technical change); HB3329 (amend smoke shop exemption) South Carolina: S219 (schools)-Prefiled and Referred to Committee on Education; H4092 (colleges) Tennessee: HB1123 / SB0853 (fire stations)-HB1123 taken off notice for calendar of Agriculture Committee for 4/5; HB1470 / SB1936 (local control for hospital grounds)ÂHB1470 placed on Regular Calendar for 5/4 and SB1936 placed on Senate consent calendar for 5/2 Texas: SB1783 (warning signs) Legislation Enacted this Session Arkansas : SB1004 (vehicles with minors)-Signed by Governor Colorado: HB11-1016 (e-cigarettes on school property)-Signed by Governor Montana: HB19 (adding marijuana to smokefree law)-Signed by Governor

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440.

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Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440. </ -You received this message because you are subscribed to the Google Groups "Smokefree-talk" group. To post to this group, send email to smokefree-talk@googlegroups.com. To unsubscribe from this group, send email to smokefree-talk+unsubscribe@googlegroups.com. For more options, visit this group at http://groups.google.com/group/smokefree-talk?hl=en.

file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2042911.html[8/19/2011 2:33:21 AM]

From:                             smokefree-talk@googlegroups.com on behalf of Liz Williams <liz.williams@no-smoke.org> Sent:                              Friday, April 30, 2010 7:31 PM To:                                  smokefree-talk@googlegroups.com Subject:                         [Smokefree-Talk] Preemption Watch Bill Tracking Summary: 4/30/10 Preemption Watch Weekly Bill Tracking Summary of U.S. State Bills www.protectlocalcontrol.org April 30, 2010 ANR tracks pending legislation relating to states' smokefree air policies as part of the continued fight to prevent preemptive legislation before it can be passed and to overturn preemption in states where it is already in place. Since even a strong bill can become preemptive at any point in the legislative process, it is very important to track even the best bills throughout the entire legislative session and keep a watchful eye out for all attempts to remove local control. In 2010, consider setting up a Preemption Strike Force to help combat tobacco industry legislative tricks by allowing for quick and easy communication among proponents of local control. Learn how at http://www.nosmoke.org/pdf/preemptionstrikeforce.pdf. Legislative sessions have ended in: Alabama, Alaska, Arizona, Arkansas, Hawaii, Idaho, Indiana, Iowa, Kentucky, Maine, Maryland, Mississippi, Nebraska, New Mexico, South Dakota, Utah, Virginia, Washington, West Virginia and Wyoming. Also, 2010 sessions are not held in Montana, Nevada, North Dakota, Oregon, and Texas. Below is a listing of state bills that have been introduced in state legislatures. Please visit the www.protectlocalcontrol.org and click on the state of your choice to view the summary, text, and status of pending bills. Please email ANR with any new information regarding pending legislation and preemption attempts in your state and we will analyze and summarize the legislation. The new and pending legislative bills are classified below into seven categories to clearly delineate which bills will protect public health and should be supported from those that should be opposed because they do not effectively protect public health, weaken a strong law, or intend to preempt local control. New bills and changes in bill status since the last update appear in bold. Strong: Bill includes 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; strengthens existing smokefree laws; or repeals preemption. Weak: Bill includes ventilation, smoking rooms, or other key exemptions. Weakens: Bill weakens a current strong 100% smokefree law. Preemptive: Bill contains preemptive language that removes the right to local control. Vehicles: Bill addresses smoking in vehicles with children present. Outdoor: Bill primarily addresses smoking in outdoor locations. Other: Bills contain other provisions and should be watched. · The following states have strong bills that include 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; OR repeals preemption: Connecticut: SB245 (workplaces)-Passed Senate and sent to House Kansas: SB25 (workplaces, restaurants and bars)-Substitute introduced addressing different topic area
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Louisiana: SB348 (bars and gaming) -Pending Senate Final Passage Michigan : HB4099 (workplaces and restaurants)-Carried over to 2010; SB79 (workplaces, restaurants and bars)Carried over to 2010; SB114 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4196 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4341 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB5077 (preemption repeal)-Carried over to 2010; HB5283 (workplaces, restaurants and bars)-Carried over to 2010 Missouri: HB1766 (workplaces, restaurants and bars); SB904 (workplaces, restaurants, bars and gaming)-Committee hearing held on 2/22 New Jersey: A1062 (casinos); S423 (casinos) New York: S03388 (tribal gaming)-Referred to Investigations and Government Operations Committee Oklahoma: HB1040 (preemption repeal)-Carried over to 2010; HB1728 (workplaces, restaurants and bars)-Carried over to 2010; SB925 (preemption repeal)-Second Reading referred to Rules; HB2343 (workplaces, restaurants and bars)-Second Reading referred to Public Health; SB1809 (workplaces, restaurants and bars)-Second Reading referred to Appropriations Pennsylvania: HB58 (preemption repeal)-Re-committed to House Appropriations Committee; SB113 (restaurants and bars; preemption repeal)-Carried over to 2010; HB1245 (bars; preemption repeal)-Carried over to 2010; SB898 (partial preemption repeal)-Carried over to 2010 Tennessee: HB0017/SB1799 (restaurants and bars)-Carried over to 2010 Vermont: H0118 (workplaces)-Carried over to 2010 Wisconsin: AB253 (workplaces, restaurants, and bars)-Failed to pass pursuant to Senate Joint Resolution 1 · The following states have weak bills that include ventilation, smoking rooms, size exemptions, or other major faults or exemptions: Louisiana: SB334 (strengthens bars and weakens restaurants)-Pending Senate Final Passage; HB1323 (gaming) Michigan: HB4752 (trigger with tribal gaming)-Carried over to 2010; SB469 (ballot requirement)-Carried over to 2010; HB5535 (tax credit)-Carried over to 2010; HB5637 (smoking areas)-Carried over to 2010 Oklahoma: HB1311 (age restriction)-Carried over to 2010; SB1036 (task force)-Carried over to 2010; HB2774 (financial incentives)-Passed Senate and engrossed to House South Carolina: H3091 (restaurants and bars)-Carried over to 2010; H3113 (restaurants and bars)-Carried over to 2010; H3523 (workplaces)-Carried over to 2010; S38 (restaurants and bars)-Carried over to 2010 Tennessee: SB431 (signage) · The following states have bills that create exemptions that weaken a current strong law: D.C.: B18-0084 (exemption) Hawaii: SB1347 (smoking license exemption)-Session Adjourned Illinois : HB1145 (smoking licenses)-Carried over to 2010; SB1836 (theatrical exemption)-Carried over to 2010; HB6158 (religious exemption)-Rule 19(a) / Re-referred to Rules Committee Kansas: HB2741 (exemptions)-Referred to Federal and State Affairs Michigan: HB5803 (smoking room exemption) Minnesota: HF257/SF270 (bar and bar area of restaurant exemption)-Carried over to 2010; HF2046-(hookah exemption)-Carried over to 2010; SF898-(smoking break rooms)-Carried over to 2010 New Jersey: A461 (tobacco business exemption) Ohio : SB120 (cigar bar and family bar exemption)-Carried over to 2010 Pennsylvania: HB1146 (fire company exemption)-Carried over to 2010; HB1147 (church exemption)-Carried over to 2010 Tennessee: HB0163/SB0863 (age restriction)-HB0163 Failed for Lack of Motion; HB441/SB412 (age restriction)Carried over to 2010 Wisconsin: SB225 (hotel exemption)-Failed to pass pursuant to Senate Joint Resolution 1; AB295 (hotel exemption)-Failed to pass pursuant to Senate Joint Resolution 1; AB720-SA1-Amendment adopted in Senate, and Assembly concurred · The following states have preemptive bills:
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Hawaii: HB2691 (preemptive bar exemption)-Session Adjourned; HB2742 (preemptive bar and attached bar exemption)-Session Adjourned; SB2794 (preemptive bar exemption)-Session Adjourned; SB2801 (preemptive bar exemption)-Session Adjourned Kansas: SB81 (preemption; minors only and smoking areas)-Carried over to 2010; HB2642 (preemption)-Withdrawn from Appropriations and Referred to Health and Human Services Massachusetts: HB2176 (preemptive exemptions)-Carried over to 2010 New York: A08982 (retail tobacco shop exemption and preemption)-Referred to Economic Development Committee; S06179 (retail tobacco store exemption and preemption)-Advanced to 3rd Reading · The following states have bills that address smoking in vehicles when children are present: Arizona: HB2076 (vehicles with minors)-Session Adjourned Florida : HB1141 (vehicles with minors)-Workshopped in Roads, Bridges, & Ports Policy Committee; S2596 (vehicles with minors)-On Senate Transportation Committee agenda for 4/7 Hawaii: HB1952 (vehicles with minors)-Session Adjourned Illinois : HB889 (vehicles with minors)-Rule 19(a) / Re-referred to Rules Committee Massachusetts: HB3233 (vehicles with minors)-Carried over to 2010; HB3475 (vehicles with minors)-Carried over to 2010; SB1902 (vehicles with minors)-Carried over to 2010 Minnesota: HF379/SF359 (vehicles with minors)-HF379 has hearing on 3/17 New Jersey: A1591/S475 (vehicles with minors) New York: A06288 (vehicles with minors)-Referred to Health Committee; A06714 (vehicles with minors)-Amended and recommitted to Health Committee; S03191 (vehicles with minors)-Amended and recommitted to Health Committee Ohio : SB135 (vehicles with minors)-Carried over to 2010 Pennsylvania: HB359 (vehicles with minors)-Carried over to 2010 South Carolina: H3023 (vehicles with minors)-Carried over to 2010; H3082 (vehicles with minors)-Carried over to 2010; H3317 (vehicles with minors)-Carried over to 2010; H3445 (vehicles with minors)-Carried over to 2010; S23 (vehicles with minors)-Carried over to 2010 Tennessee: SB0495 (vehicles with minors)-Carried over to 2010; HB727/SB1550 (vehicles with minors)-Carried over to 2010 · The following states have bills primarily addressing smoking in outdoor locations: California: SB4 (parks/beaches)-Sent to Governor Hawaii: HB68 (sidewalks)-Session Adjourned; HB171 (parks and beaches)-Session Adjourned; HB1509 (beaches)Session Adjourned; SB1040 (beaches)-Session Adjourned; SB2071 (beaches, parks and bus stops)-Session Adjourned Massachusetts: HB2162 (reasonable distance)-Carried over to 2010 Michigan: SB906 (state capitol grounds)-Carried over to 2010 Missouri: HB1277 (school property) New Hampshire: HB1186 (parks)-Interim Study Subcommittee Work Session on 5/11; HB1194 (beaches)Interim Study Subcommittee Work Session on 5/11 New Jersey: S443 (outdoor public places)-On Hold; S684 (youth; outdoors); A2172/S669 (parks and beaches)-S669 on Hold; A1853/S1522 (state parks and beaches); S889 (state-owned beaches)-On Hold New York: A00577 (reasonable distance)-Referred to Health Committee; A01137 (playgrounds)-Passed Assembly and sent to Senate; A01837-(parks and beaches)-Referred to Health Committee; A07362 (reasonable distance)Referred to Health Committee; S05005 (playgrounds)-Referred to Health Committee; S07098 (transportation platforms); A10500 (transportation platforms) Tennessee: SB3719/HB3748 (library grounds)-HB3748 Failed for Lack of Motion; SB3719 engrossed and ready for transmission to House Vermont : H0046 (reasonable distance)-Carried over to 2010; H501 (government building grounds); H568 (reasonable distance)

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· The following states have other provisions and should be watched: Connecticut: SB264 (day care facilities)-Passed Senate Hawaii: HB66 (public housing)-Session Adjourned; HB67 (housing)-Session Adjourned; HB886 (compliance)Session Adjourned; HB1486 (prisons)-Session Adjourned; HB1579 (prisons)-Session Adjourned; SB56 (compliance)-Session Adjourned; SB455 (public housing)-Session Adjourned; SB596 (housing)-Session Adjourned; SB1050 (beaches)-Session Adjourned Illinois : HB3176 (technical amendment)-Carried over to 2010; SB851 (removes nursing home exemption)-Passed House and sent for concurrence with Senate; SB2314 (technical amendment)-Carried over to 2010; HB5524 (enforcement change)-Referred to Rules Committee; SB3591 (enforcement change)-Rule 2-10 Third Reading Deadline Established as May 7; SB3174 (electronic cigarettes)-Passed Senate, in House Rules Committee Massachusetts: HB1875 (workplace smoking)-Carried over to 2010; HB1181 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB1243 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB2054 (tobacco free pharmacies)-Carried over to 2010; S813 (tobacco free pharmacies)-Bill reported favorably from the Joint Committee on Public Health Michigan: HB4100 (compliance)-Carried over to 2010; HB4419 (compliance)-Carried over to 2010; HB5284 (workplace liability)-Carried over to 2010 Minnesota: HF1142 (psychiatric hospitals)-Carried over to 2010 Mississippi: SB2644 (youth recreation)-Signed by Governor New Hampshire: HB1541 (e-cigarettes at educational facilities)-Passed the Senate Commerce, Labor And Consumer Protection Committee New Jersey: A512 (state vehicles); S446 (housing) New York: S1234 (tobacco free pharmacies)-Referred to Health Committee; A05890 (tobacco free pharmacies)Referred to Health Committee; A06542 (public housing)-Referred to Health Committee; S03242 (playgrounds)Referred to Health Committee; A08700 (housing)-Referred to Judiciary Committee Oklahoma: SB1674 (educational facilities)-Second Reading referred to Public Health in House; SB1826 (name change)-Second Reading referred to Rules; SB1984 (name change) Rhode Island: HB7012 (tobacco-free health care facilities); HB7153 (smoking bar restriction)-Committee recommended measure be held for further study; SB2204 (smoking bar restriction) South Carolina: S31 (schools)-Carried over to 2010; H4412 (reasonable distance) Legislation Enacted this Year D.C.: B18-0670 (special event exemption) -Signed by Mayor; B18-042-(reasonable distance)-Enacted Kansas: HB2221 (workplaces, restaurants and bars)-Signed by Governor Mississippi: SB2644 (youth recreation)-Signed by Governor Nebraska : LB861 (technical amendment)-Signed by Governor New Jersey: A4227/A4228 (e-cigarettes in public places)-Signed by Governor Oklahoma: HB2748 (educational facilities)-Signed by Governor Pennsylvania: SB711 (gaming exemption; preemption)-Signed by the Governor Utah : HB88 (e-cigarette restrictions)-Signed by Governor

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314
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Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440.

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440. </ -You received this message because you are subscribed to the Google Groups "Smokefree-talk" group. To post to this group, send email to smokefree-talk@googlegroups.com. To unsubscribe from this group, send email to smokefree-talk+unsubscribe@googlegroups.com. For more options, visit this group at http://groups.google.com/group/smokefree-talk?hl=en.

file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2043010.html[8/19/2011 2:33:22 AM]

From:                             smokefree-talk@googlegroups.com on behalf of Liz Williams <liz.williams@no-smoke.org> Sent:                              Friday, April 09, 2010 7:59 PM To:                                  smokefree-talk@googlegroups.com Subject:                         [Smokefree-Talk] Preemption Watch Bill Tracking Summary: 4/9/10 Preemption Watch Weekly Bill Tracking Summary of U.S. State Bills www.protectlocalcontrol.org April 9, 2010 ANR tracks pending legislation relating to states' smokefree air policies as part of the continued fight to prevent preemptive legislation before it can be passed and to overturn preemption in states where it is already in place. Since even a strong bill can become preemptive at any point in the legislative process, it is very important to track even the best bills throughout the entire legislative session and keep a watchful eye out for all attempts to remove local control. In 2010, consider setting up a Preemption Strike Force to help combat tobacco industry legislative tricks by allowing for quick and easy communication among proponents of local control. Learn how at http://www.nosmoke.org/pdf/preemptionstrikeforce.pdf. Legislative sessions have ended in: Arkansas, Idaho, Indiana, Iowa, Mississippi, New Mexico, South Dakota, Utah, Virginia, Washington, West Virginia and Wyoming. Also, 2010 sessions are not held in Montana, Nevada, North Dakota, Oregon, and Texas. Below is a listing of state bills that have been introduced in state legislatures. Please visit the www.protectlocalcontrol.org and click on the state of your choice to view the summary, text, and status of pending bills. Please email ANR with any new information regarding pending legislation and preemption attempts in your state and we will analyze and summarize the legislation. The new and pending legislative bills are classified below into seven categories to clearly delineate which bills will protect public health and should be supported from those that should be opposed because they do not effectively protect public health, weaken a strong law, or intend to preempt local control. New bills and changes in bill status since the last update appear in bold. Strong: Bill includes 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; strengthens existing smokefree laws; or repeals preemption. Weak: Bill includes ventilation, smoking rooms, or other key exemptions. Weakens: Bill weakens a current strong 100% smokefree law. Preemptive: Bill contains preemptive language that removes the right to local control. Vehicles: Bill addresses smoking in vehicles with children present. Outdoor: Bill primarily addresses smoking in outdoor locations. Other: Bills contain other provisions and should be watched. · The following states have strong bills that include 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; OR repeals preemption: Alabama: HB615 (workplaces, restaurants, bars and gaming) Alaska : HB304 (workplaces, restaurants, bars and gaming)
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Connecticut: SB245 (workplaces)-Referred by Senate to Committee on Labor and Public Employees Kansas: SB25 (workplaces, restaurants and bars)-Substitute introduced addressing different topic area Louisiana: SB348 (bars and gaming) Michigan: HB4099 (workplaces and restaurants)-Carried over to 2010; SB79 (workplaces, restaurants and bars)Carried over to 2010; SB114 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4196 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4341 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB5077 (preemption repeal)-Carried over to 2010; HB5283 (workplaces, restaurants and bars)-Carried over to 2010 Missouri: HB1766 (workplaces, restaurants and bars); SB904 (workplaces, restaurants, bars and gaming)-Committee hearing held on 2/22 New Jersey: A1062 (casinos); S423 (casinos) New York: S03388 (tribal gaming)-Referred to Investigations and Government Operations Committee Oklahoma: HB1040 (preemption repeal)-Carried over to 2010; HB1728 (workplaces, restaurants and bars)-Carried over to 2010; SB925 (preemption repeal)-Second Reading referred to Rules; HB2343 (workplaces, restaurants and bars)-Second Reading referred to Public Health; SB1809 (workplaces, restaurants and bars)-Second Reading referred to Appropriations Pennsylvania: HB58 (preemption repeal)-Re-committed to House Appropriations Committee; SB113 (restaurants and bars; preemption repeal)-Carried over to 2010; HB1245 (bars; preemption repeal)-Carried over to 2010; SB898 (partial preemption repeal)-Carried over to 2010 Tennessee: HB0017/SB1799 (restaurants and bars)-Carried over to 2010 Vermont: H0118 (workplaces)-Carried over to 2010 Wisconsin: AB253 (workplaces, restaurants, and bars)-Carried over to 2010 · The following states have weak bills that include ventilation, smoking rooms, size exemptions, or other major faults or exemptions: Alabama: HB720 (restaurants); SB541 (restaurants)-Passed the Senate and referred to the House Committee on Government Operations Louisiana: SB334 (strengthens bars and weakens restaurants) Michigan : HB4752 (trigger with tribal gaming)-Carried over to 2010; SB469 (ballot requirement)-Carried over to 2010; HB5535 (tax credit)-Carried over to 2010; HB5637 (smoking areas)-Carried over to 2010 Oklahoma: HB1311 (age restriction)-Carried over to 2010; SB1036 (task force)-Carried over to 2010 South Carolina: H3091 (restaurants and bars)-Carried over to 2010; H3113 (restaurants and bars)-Carried over to 2010; H3523 (workplaces)-Carried over to 2010; S38 (restaurants and bars)-Carried over to 2010 Tennessee: SB431 (signage) · The following states have bills that create exemptions that weaken a current strong law: D.C.: B18-0084 (exemption) Hawaii: SB1347 (smoking license exemption)-Carried over to 2010 Illinois: HB1145 (smoking licenses)-Carried over to 2010; SB1836 (theatrical exemption)-Carried over to 2010; HB6158 (religious exemption)-Rule 19(a) / Re-referred to Rules Committee Kansas: HB2741 (exemptions)-Referred to Federal and State Affairs Michigan: HB5803 (smoking room exemption) Minnesota: HF257/SF270 (bar and bar area of restaurant exemption)-Carried over to 2010; HF2046-(hookah exemption)-Carried over to 2010; SF898-(smoking break rooms)-Carried over to 2010 New Jersey: A461 (tobacco business exemption) Ohio : SB120 (cigar bar and family bar exemption)-Carried over to 2010 Pennsylvania: HB1146 (fire company exemption)-Carried over to 2010; HB1147 (church exemption)-Carried over to 2010 Tennessee: HB0163/SB0863 (age restriction)-HB0163 Failed for Lack of Motion; HB441/SB412 (age restriction)Carried over to 2010 Wisconsin: SB225 (hotel exemption)-Carried over to 2010; AB295 (hotel exemption)-Carried over to 2010

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· The following states have preemptive bills: Hawaii: HB2691 (preemptive bar exemption)-Committees recommend measure be deferred; HB2742 (preemptive bar and attached bar exemption); SB2794 (preemptive bar exemption); SB2801 (preemptive bar exemption) Kansas: SB81 (preemption; minors only and smoking areas)-Carried over to 2010; HB2642 (preemption)-Withdrawn from Appropriations and Referred to Health and Human Services Massachusetts: HB2176 (preemptive exemptions)-Carried over to 2010 New York: A08982 (retail tobacco shop exemption and preemption)-Referred to Economic Development Committee; S06179 (retail tobacco store exemption and preemption)-Advanced to 3rd Reading · The following states have bills that address smoking in vehicles when children are present: Arizona: HB2076 (vehicles with minors) Florida: HB1141 (vehicles with minors)-Workshopped in Roads, Bridges, & Ports Policy Committee; S2596 (vehicles with minors)-On Senate Transportation Committee agenda for 4/7 Hawaii: HB1952 (vehicles with minors)-Passed First Reading and Sent to Health and Judicial Committees Illinois: HB889 (vehicles with minors)-Rule 19(a) / Re-referred to Rules Committee Massachusetts: HB3233 (vehicles with minors)-Carried over to 2010; HB3475 (vehicles with minors)-Carried over to 2010; SB1902 (vehicles with minors)-Carried over to 2010 Minnesota: HF379/SF359 (vehicles with minors)-HF379 has hearing on 3/17 New Jersey: A1591/S475 (vehicles with minors) New York: A06288 (vehicles with minors)-Referred to Health Committee; A06714 (vehicles with minors)-Referred to Health Committee; S03191 (vehicles with minors)-Referred to Health Committee Ohio : SB135 (vehicles with minors)-Carried over to 2010 Pennsylvania: HB359 (vehicles with minors)-Carried over to 2010 South Carolina: H3023 (vehicles with minors)-Carried over to 2010; H3082 (vehicles with minors)-Carried over to 2010; H3317 (vehicles with minors)-Carried over to 2010; H3445 (vehicles with minors)-Carried over to 2010; S23 (vehicles with minors)-Carried over to 2010 Tennessee: SB0495 (vehicles with minors)-Carried over to 2010; HB727/SB1550 (vehicles with minors)-Carried over to 2010 Washington: HB1151 (vehicles with minors)-By resolution, reintroduced and retained in present status · The following states have bills primarily addressing smoking in outdoor locations: California: SB4 (parks/beaches)-Passed Assembly, returned to Senate and in unfinished business Hawaii: HB68 (sidewalks)-Carried over to 2010; HB171 (parks and beaches)-Carried over to 2010; HB1509 (beaches)-Carried over to 2010; SB1040 (beaches)-Carried over to 2010; SB2071 (beaches, parks and bus stops)-Deferred by the Health Committee Massachusetts: HB2162 (reasonable distance)-Carried over to 2010 Michigan: SB906 (state capitol grounds)-Carried over to 2010 Missouri: HB1277 (school property) New Hampshire: HB1186 (parks)-Refer to Interim Study; HB1194 (beaches)-Refer to Interim Study New Jersey: S443 (outdoor public places)-On Hold; S684 (youth; outdoors); A2172/S669 (parks and beaches)-S669 on Hold; A1853/S1522 (state parks and beaches); S889 (state-owned beaches)-On Hold New York: A00577 (reasonable distance)-Referred to Health Committee; A01137 (playgrounds)-Passed Assembly and sent to Senate; A01837-(parks and beaches)-Referred to Health Committee; A07362 (reasonable distance)Referred to Health Committee; S05005 (playgrounds)-Referred to Health Committee; S07098 (transportation platforms); A10500 (transportation platforms) Tennessee: SB3719/HB3748 (library grounds)-HB3748 deferred in Agriculture general subcomm. to 4/13; SB3719 on Commerce, Labor & Agriculture Comm. calendar for 4/14 Vermont : H0046 (reasonable distance)-Carried over to 2010; H501 (government building grounds); H568 (reasonable distance) · The following states have other provisions and should be watched:
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Connecticut: SB264 (day care facilities)-Favorably reported out of Legislative Commissioners' Office, and put on Senate calendar Hawaii: HB66 (public housing)-Carried over to 2010; HB67 (housing)-Carried over to 2010; HB886 (compliance)Carried over to 2010; HB1486 (prisons)-Carried over to 2010; HB1579 (prisons)-Carried over to 2010; SB56 (compliance)-Carried over to 2010; SB455 (public housing)-Carried over to 2010; SB596 (housing)-Carried over to 2010; SB1050 (beaches)-Carried over to 2010 Illinois: HB3176 (technical amendment)-Carried over to 2010; SB851 (technical amendment)-Assigned to House Environmental Health Committee; SB2314 (technical amendment)-Carried over to 2010; HB5524 (enforcement change)-Referred to Rules Committee; SB3591 (enforcement change); SB3174 (electronic cigarettes)-Passed Senate, in House Rules Committee Maryland: SB989 (e-cigarettes in public places) Massachusetts: HB1875 (workplace smoking)-Carried over to 2010; HB1181 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB1243 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB2054 (tobacco free pharmacies)-Carried over to 2010; S813 (tobacco free pharmacies)-Bill reported favorably from the Joint Committee on Public Health Michigan: HB4100 (compliance)-Carried over to 2010; HB4419 (compliance)-Carried over to 2010; HB5284 (workplace liability)-Carried over to 2010 Minnesota: HF1142 (psychiatric hospitals)-Carried over to 2010 Mississippi: SB2644 (youth recreation)-Conference Committee report adopted Nebraska: LB861 (technical amendment)-Presented to Governor New Hampshire: HB1541 (e-cigarettes at educational facilities)-Amended and Passed in House Committee New Jersey: A512 (state vehicles); S446 (housing) New York: S1234 (tobacco free pharmacies)-Referred to Health Committee; A05890 (tobacco free pharmacies)Referred to Health Committee; A06542 (public housing)-Referred to Health Committee; S03242 (playgrounds)Referred to Health Committee; A08700 (housing)-Referred to Judiciary Committee Oklahoma: HB2748 (educational facilities)-Sent to Governor; SB1674 (educational facilities)-Second Reading referred to Public Health in House; SB1826 (name change)-Second Reading referred to Rules Rhode Island: HB7012 (tobacco-free health care facilities); HB7153 (smoking bar restriction)-Committee recommended measure be held for further study; SB2204 (smoking bar restriction) South Carolina: S31 (schools)-Carried over to 2010; H4412 (reasonable distance) Washington: HB2257 (tobacco-free health care)-By resolution, reintroduced and retained in present status Legislation Enacted this Year D.C.: B18-0670 (special event exemption) -Signed by Mayor; B18-042-(reasonable distance)-Enacted New Jersey: A4227/A4228 (e-cigarettes in public places)-Signed by Governor Pennsylvania: SB711 (gaming exemption; preemption)-Signed by the Governor Utah : HB88 (e-cigarette restrictions)-Signed by Governor

Summaries of all NEW bills are listed below: (All other pending bill summaries are on individual state pages on www.protectlocalcontrol.org) Louisiana SB334-(strengthens bars and weakens restaurants)-An Act relative to prohibiting smoking in certain places http://www.legis.state.la.us/billdata/streamdocument.asp?did=688965 http://www.legis.state.la.us/billdata/History.asp?sessionid=10RS&billid=SB334 This bill amends the current smokefree air law to narrow the exemption that allows smoking in bars by prohibiting smoking in those bars that serve food while the bar is open to the public, but it would also weaken the smokefree restaurants law by allowing smoking in restaurants when not open to the public. The bill would also remove the
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exemptions for smoking areas of gaming facilities and outdoor patios. Preemptive: No Anti-Preemption Clause: No New York A10500-(transportation platforms)-An Act relation to prohibiting smoking on platforms http://assembly.state.ny.us/leg/?default_fld=&bn=A10500%09%09&Text=Y http://assembly.state.ny.us/leg/?default_fld=&bn=A10500%09%09&Summary=Y&Actions=Y This bill prohibits smoking on platforms of the Long Island and Metro North railroads. Preemptive: No Anti-Preemption Clause: No

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440.

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440.

file:///C|/.../disc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%204910 html[8/19/2011 2:33:24 AM]

</ -You received this message because you are subscribed to the Google Groups "Smokefree-talk" group. To post to this group, send email to smokefree-talk@googlegroups.com. To unsubscribe from this group, send email to smokefree-talk+unsubscribe@googlegroups.com. For more options, visit this group at http://groups.google.com/group/smokefree-talk?hl=en.

file:///C|/.../disc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%204910 html[8/19/2011 2:33:24 AM]

From:                             smokefree-talk@googlegroups.com on behalf of Liz Williams <liz.williams@no-smoke.org> Sent:                              Friday, May 14, 2010 7:19 PM To:                                  smokefree-talk@googlegroups.com Subject:                         [Smokefree-Talk] Preemption Watch Bill Tracking Summary: 5/14/10 Preemption Watch Weekly Bill Tracking Summary of U.S. State Bills www.protectlocalcontrol.org May 14, 2010 ANR tracks pending legislation relating to states' smokefree air policies as part of the continued fight to prevent preemptive legislation before it can be passed and to overturn preemption in states where it is already in place. Since even a strong bill can become preemptive at any point in the legislative process, it is very important to track even the best bills throughout the entire legislative session and keep a watchful eye out for all attempts to remove local control. In 2010, consider setting up a Preemption Strike Force to help combat tobacco industry legislative tricks by allowing for quick and easy communication among proponents of local control. Learn how at http://www.nosmoke.org/pdf/preemptionstrikeforce.pdf. Legislative sessions have ended in: Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Missouri, Mississippi, Nebraska, New Mexico, South Dakota, Utah, Vermont, Virginia, Washington, West Virginia and Wyoming. Also, 2010 sessions are not held in Montana, Nevada, North Dakota, Oregon, and Texas. Below is a listing of state bills that have been introduced in state legislatures. Please visit the www.protectlocalcontrol.org and click on the state of your choice to view the summary, text, and status of pending bills. Please email ANR with any new information regarding pending legislation and preemption attempts in your state and we will analyze and summarize the legislation. The new and pending legislative bills are classified below into seven categories to clearly delineate which bills will protect public health and should be supported from those that should be opposed because they do not effectively protect public health, weaken a strong law, or intend to preempt local control. New bills and changes in bill status since the last update appear in bold. Strong: Bill includes 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; strengthens existing smokefree laws; or repeals preemption. Weak: Bill includes ventilation, smoking rooms, or other key exemptions. Weakens: Bill weakens a current strong 100% smokefree law. Preemptive: Bill contains preemptive language that removes the right to local control. Vehicles: Bill addresses smoking in vehicles with children present. Outdoor: Bill primarily addresses smoking in outdoor locations. Other: Bills contain other provisions and should be watched. · The following states have strong bills that include 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; OR repeals preemption: Kansas: SB25 (workplaces, restaurants and bars)-Session Adjourned
file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2051410.html[8/19/2011 2:33:25 AM]

Louisiana: SB348 (bars and gaming)-Passed Senate, sent to House Committee on Health and Welfare Michigan : HB4099 (workplaces and restaurants)-Carried over to 2010; SB79 (workplaces, restaurants and bars)Carried over to 2010; SB114 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4196 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4341 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB5077 (preemption repeal)-Carried over to 2010; HB5283 (workplaces, restaurants and bars)-Carried over to 2010 Missouri: HB1766 (workplaces, restaurants and bars)-Session Adjourned; SB904 (workplaces, restaurants, bars and gaming)-Session Adjourned New Jersey: A1062 (casinos); S423 (casinos) New York: S03388 (tribal gaming)-Referred to Investigations and Government Operations Committee Oklahoma: HB1040 (preemption repeal)-Carried over to 2010; HB1728 (workplaces, restaurants and bars)-Carried over to 2010; SB925 (preemption repeal)-Second Reading referred to Rules; HB2343 (workplaces, restaurants and bars)-Second Reading referred to Public Health; SB1809 (workplaces, restaurants and bars)-Second Reading referred to Appropriations Pennsylvania: HB58 (preemption repeal)-Re-committed to House Appropriations Committee; SB113 (restaurants and bars; preemption repeal)-Carried over to 2010; HB1245 (bars; preemption repeal)-Carried over to 2010; SB898 (partial preemption repeal)-Carried over to 2010 Tennessee: HB0017/SB1799 (restaurants and bars)-Carried over to 2010 Vermont: H0118 (workplaces)-Session Adjourned · The following states have weak bills that include ventilation, smoking rooms, size exemptions, or other major faults or exemptions: Louisiana: SB334 (strengthens bars and weakens restaurants)-Returned to the Senate Calendar, subject to call; HB1323 (gaming)-Involuntarily deferred in committee Michigan: HB4752 (trigger with tribal gaming)-Carried over to 2010; SB469 (ballot requirement)-Carried over to 2010; HB5535 (tax credit)-Carried over to 2010; HB5637 (smoking areas)-Carried over to 2010 Oklahoma: HB1311 (age restriction)-Carried over to 2010; SB1036 (task force)-Carried over to 2010; HB2774 (financial incentives)-Signed by Governor South Carolina: H3091 (restaurants and bars)-Carried over to 2010; H3113 (restaurants and bars)-Carried over to 2010; H3523 (workplaces)-Carried over to 2010; S38 (restaurants and bars)-Carried over to 2010 Tennessee: SB431 (signage) · The following states have bills that create exemptions that weaken a current strong law: D.C.: B18-0084 (exemption) Illinois: HB1145 (smoking licenses)-Carried over to 2010; SB1836 (theatrical exemption)-Carried over to 2010; HB6158 (religious exemption)-Rule 19(a) / Re-referred to Rules Committee Kansas: HB2741 (exemptions)-Session Adjourned Michigan : HB5803 (smoking room exemption) Minnesota: HF257/SF270 (bar and bar area of restaurant exemption)-Carried over to 2010; HF2046-(hookah exemption)-Carried over to 2010; SF898-(smoking break rooms)-Carried over to 2010 New Jersey: A461 (tobacco business exemption) Ohio : SB120 (cigar bar and family bar exemption)-Carried over to 2010 Pennsylvania: HB1146 (fire company exemption)-Carried over to 2010; HB1147 (church exemption)-Carried over to 2010 Tennessee: HB0163/SB0863 (age restriction)-HB0163 Failed for Lack of Motion; HB441/SB412 (age restriction)Carried over to 2010 Wisconsin: AB720-SA1 (definition change)-Signed by Governor · The following states have preemptive bills: Kansas: SB81 (preemption; minors only and smoking areas)-Session Adjourned; HB2642 (preemption)-Session Adjourned
file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2051410.html[8/19/2011 2:33:25 AM]

Massachusetts: HB2176 (preemptive exemptions)-Carried over to 2010 New York: A08982 (retail tobacco shop exemption and preemption)-Referred to Economic Development Committee; S06179 (retail tobacco store exemption and preemption)-Advanced to 3rd Reading · The following states have bills that address smoking in vehicles when children are present: Illinois: HB889 (vehicles with minors)-Rule 19(a) / Re-referred to Rules Committee Massachusetts: HB3233 (vehicles with minors)-Carried over to 2010; HB3475 (vehicles with minors)-Carried over to 2010; SB1902 (vehicles with minors)-Carried over to 2010 Minnesota: HF379/SF359 (vehicles with minors)-HF379 has hearing on 3/17 New Jersey: A1591/S475 (vehicles with minors) New York: A06288 (vehicles with minors)-Referred to Health Committee; A06714 (vehicles with minors)-Reported referred to codes; S03191 (vehicles with minors)-Amended and recommitted to Health Committee Ohio : SB135 (vehicles with minors)-Carried over to 2010 Pennsylvania: HB359 (vehicles with minors)-Carried over to 2010 South Carolina: H3023 (vehicles with minors)-Carried over to 2010; H3082 (vehicles with minors)-Carried over to 2010; H3317 (vehicles with minors)-Carried over to 2010; H3445 (vehicles with minors)-Carried over to 2010; S23 (vehicles with minors)-Carried over to 2010 Tennessee: SB0495 (vehicles with minors)-Carried over to 2010; HB727/SB1550 (vehicles with minors)-Carried over to 2010 · The following states have bills primarily addressing smoking in outdoor locations: Massachusetts: HB2162 (reasonable distance)-Carried over to 2010 Michigan: SB906 (state capitol grounds)-Carried over to 2010 Missouri: HB1277 (school property)-Session Adjourned New Hampshire: HB1186 (parks)-Interim Study - Subcommittee Work Session: 5/17; HB1194 (beaches)-Interim Study - Subcommittee Work Session: 5/17 New Jersey: S443 (outdoor public places)-On Hold; S684 (youth; outdoors); A2172/S669 (parks and beaches)-S669 on Hold; A1853 (state parks and beaches); S889 (state-owned beaches)-On Hold New York: A00577 (reasonable distance)-Referred to Health Committee; A01137 (playgrounds)-Passed Assembly and sent to Senate; A01837-(parks and beaches)-Referred to Health Committee; A07362 (reasonable distance)-Held for consideration in Health Committee; S05005 (playgrounds)-Referred to Health Committee; S07098 (transportation platforms); A10500 (transportation platforms) Tennessee: SB3719/HB3748 (library grounds)-SB3719 passed Senate Vermont: H0046 (reasonable distance)-Session Adjourned; H501 (government building grounds)-Session Adjourned; H568 (reasonable distance)-Session Adjourned · The following states have other provisions and should be watched: Illinois: HB3176 (technical amendment)-Carried over to 2010; SB851 (removes nursing home exemption)-Amended and Passed both Houses; SB2314 (technical amendment)-Carried over to 2010; HB5524 (enforcement change)Referred to Rules Committee; SB3591 (enforcement change)-Rule 2-10 Third Reading Deadline Established as May 7; SB3174 (electronic cigarettes)-Passed Senate, in House Rules Committee Massachusetts: HB1875 (workplace smoking)-Carried over to 2010; HB1181 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB1243 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB2054 (tobacco free pharmacies)-Carried over to 2010; S813 (tobacco free pharmacies)-Bill reported favorably from the Joint Committee on Public Health Michigan: HB4100 (compliance)-Carried over to 2010; HB4419 (compliance)-Carried over to 2010; HB5284 (workplace liability)-Carried over to 2010 Minnesota: HF1142 (psychiatric hospitals)-Carried over to 2010 Missouri: HB1623 (prisons)-Session Adjourned; HB1649 (schools)-Session Adjourned New Hampshire: HB1541 (e-cigarettes at educational facilities)-Enrolled New Jersey: A512 (state vehicles); S446 (housing)
file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2051410.html[8/19/2011 2:33:25 AM]

New York: S1234 (tobacco free pharmacies)-Referred to Health Committee; A05890 (tobacco free pharmacies)Referred to Health Committee; A06542 (public housing)-Held for consideration in Housing Committee; S03242 (playgrounds)-Reported and Committed to Codes; A08700 (housing)-Referred to Judiciary Committee; A10837 (prisons) Oklahoma : SB1674 (educational facilities)-Second Reading referred to Public Health in House; SB1826 (name change)-Second Reading referred to Rules; SB1984 (name change) Rhode Island: HB7012 (tobacco-free health care facilities); HB7153 (smoking bar restriction)-Committee recommended measure be held for further study; SB2204 (smoking bar restriction) South Carolina: S31 (schools)-Carried over to 2010; H4412 (reasonable distance) Legislation Enacted this Year D.C.: B18-0670 (special event exemption) -Signed by Mayor; B18-042-(reasonable distance)-Enacted Kansas: HB2221 (workplaces, restaurants and bars)-Signed by Governor Mississippi: SB2644 (youth recreation)-Signed by Governor Nebraska: LB861 (technical amendment)-Signed by Governor New Jersey: A4227/A4228 (e-cigarettes in public places)-Signed by Governor Oklahoma: HB2748 (educational facilities)-Signed by Governor; HB2774 (financial incentives)-Signed by Governor Pennsylvania: SB711 (gaming exemption; preemption)-Signed by the Governor Utah : HB88 (e-cigarette restrictions)-Signed by Governor Wisconsin: AB720-SA1 (definition change)-Signed by Governor Summaries of all NEW bills are listed below: (All other pending bill summaries are on individual state pages on www.protectlocalcontrol.org) New York A10837-(prisons)-An Act in relation to prohibiting smoking in correctional facilities http://assembly.state.ny.us/leg/?default_fld=&bn=A10837&Text=Y http://assembly.state.ny.us/leg/?default_fld=&bn=A10837&Summary=Y&Actions=Y This bill prohibits smoking in correctional facilities. Preemptive: No Anti-Preemption Clause: No

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us!
file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2051410.html[8/19/2011 2:33:25 AM]

Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440.

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440. </ -You received this message because you are subscribed to the Google Groups "Smokefree-talk" group. To post to this group, send email to smokefree-talk@googlegroups.com. To unsubscribe from this group, send email to smokefree-talk+unsubscribe@googlegroups.com. For more options, visit this group at http://groups.google.com/group/smokefree-talk?hl=en.

file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2051410.html[8/19/2011 2:33:25 AM]

From:                             smokefree-talk@googlegroups.com on behalf of Liz Williams <liz.williams@no-smoke.org> Sent:                              Friday, May 21, 2010 8:27 PM To:                                  smokefree-talk@googlegroups.com Subject:                         [Smokefree-Talk] Preemption Watch Bill Tracking Summary: 5/21/10 Preemption Watch Weekly Bill Tracking Summary of U.S. State Bills www.protectlocalcontrol.org May 21, 2010 ANR tracks pending legislation relating to states' smokefree air policies as part of the continued fight to prevent preemptive legislation before it can be passed and to overturn preemption in states where it is already in place. Since even a strong bill can become preemptive at any point in the legislative process, it is very important to track even the best bills throughout the entire legislative session and keep a watchful eye out for all attempts to remove local control. In 2010, consider setting up a Preemption Strike Force to help combat tobacco industry legislative tricks by allowing for quick and easy communication among proponents of local control. Learn how at http://www.nosmoke.org/pdf/preemptionstrikeforce.pdf. Legislative sessions have ended in: Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Minnesota, Missouri, Mississippi, Nebraska, New Mexico, South Dakota, Utah, Vermont, Virginia, Washington, West Virginia and Wyoming. Also, 2010 sessions are not held in Montana, Nevada, North Dakota, Oregon, and Texas. Below is a listing of state bills that have been introduced in state legislatures. Please visit the www.protectlocalcontrol.org and click on the state of your choice to view the summary, text, and status of pending bills. Please email ANR with any new information regarding pending legislation and preemption attempts in your state and we will analyze and summarize the legislation. The new and pending legislative bills are classified below into seven categories to clearly delineate which bills will protect public health and should be supported from those that should be opposed because they do not effectively protect public health, weaken a strong law, or intend to preempt local control. New bills and changes in bill status since the last update appear in bold. Strong: Bill includes 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; strengthens existing smokefree laws; or repeals preemption. Weak: Bill includes ventilation, smoking rooms, or other key exemptions. Weakens: Bill weakens a current strong 100% smokefree law. Preemptive: Bill contains preemptive language that removes the right to local control. Vehicles: Bill addresses smoking in vehicles with children present. Outdoor: Bill primarily addresses smoking in outdoor locations. Other: Bills contain other provisions and should be watched. · The following states have strong bills that include 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; OR repeals preemption: Louisiana: SB348 (bars and gaming)-Passed Senate, sent to House Committee on Health and Welfare
file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2052110.html[8/19/2011 2:33:30 AM]

Michigan: HB4099 (workplaces and restaurants)-Carried over to 2010; SB79 (workplaces, restaurants and bars)Carried over to 2010; SB114 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4196 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4341 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB5077 (preemption repeal)-Carried over to 2010; HB5283 (workplaces, restaurants and bars)-Carried over to 2010 New Jersey: A1062 (casinos); S423 (casinos) New York: S03388 (tribal gaming)-Referred to Investigations and Government Operations Committee Oklahoma: HB1040 (preemption repeal)-Carried over to 2010; HB1728 (workplaces, restaurants and bars)-Carried over to 2010; SB925 (preemption repeal)-Second Reading referred to Rules; HB2343 (workplaces, restaurants and bars)-Second Reading referred to Public Health; SB1809 (workplaces, restaurants and bars)-Second Reading referred to Appropriations Pennsylvania: HB58 (preemption repeal)-Re-committed to House Appropriations Committee; SB113 (restaurants and bars; preemption repeal)-Carried over to 2010; HB1245 (bars; preemption repeal)-Carried over to 2010; SB898 (partial preemption repeal)-Carried over to 2010 Tennessee: HB0017/SB1799 (restaurants and bars)-Carried over to 2010 · The following states have weak bills that include ventilation, smoking rooms, size exemptions, or other major faults or exemptions: Louisiana: SB334 (strengthens bars and weakens restaurants)-Amended and reconsideration of vote set on Senate Floor; HB1323 (gaming)-Involuntarily deferred in committee Michigan: HB4752 (trigger with tribal gaming)-Carried over to 2010; SB469 (ballot requirement)-Carried over to 2010; HB5535 (tax credit)-Carried over to 2010; HB5637 (smoking areas)-Carried over to 2010 Oklahoma: HB1311 (age restriction)-Carried over to 2010; SB1036 (task force)-Carried over to 2010 South Carolina: H3091 (restaurants and bars)-Carried over to 2010; H3113 (restaurants and bars)-Carried over to 2010; H3523 (workplaces)-Carried over to 2010; S38 (restaurants and bars)-Carried over to 2010 Tennessee: SB431 (signage) · The following states have bills that create exemptions that weaken a current strong law: D.C.: B18-0084 (exemption) Illinois: HB1145 (smoking licenses)-Carried over to 2010; SB1836 (theatrical exemption)-Carried over to 2010; HB6158 (religious exemption)-Rule 19(a) / Re-referred to Rules Committee Michigan: HB5803 (smoking room exemption) Minnesota: HF257/SF270 (bar and bar area of restaurant exemption)-Session Adjourned; HF2046 (hookah exemption)-Session Adjourned; SF898 (smoking break rooms)-Session Adjourned New Jersey: A461 (tobacco business exemption) Ohio : SB120 (cigar bar and family bar exemption)-Carried over to 2010 Pennsylvania: HB1146 (fire company exemption)-Carried over to 2010; HB1147 (church exemption)-Carried over to 2010 Tennessee: HB0163/SB0863 (age restriction)-HB0163 Failed for Lack of Motion; HB441/SB412 (age restriction)Carried over to 2010 · The following states have preemptive bills: Massachusetts: HB2176 (preemptive exemptions)-Carried over to 2010 New York: A08982 (retail tobacco shop exemption and preemption)-Referred to Economic Development Committee; S06179 (retail tobacco store exemption and preemption)-Advanced to 3rd Reading · The following states have bills that address smoking in vehicles when children are present: Illinois: HB889 (vehicles with minors)-Rule 19(a) / Re-referred to Rules Committee Massachusetts: HB3233 (vehicles with minors)-Carried over to 2010; HB3475 (vehicles with minors)-Carried over to 2010; SB1902 (vehicles with minors)-Carried over to 2010
file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2052110.html[8/19/2011 2:33:30 AM]

Minnesota: HF379/SF359 (vehicles with minors)-Session Adjourned New Jersey: A1591/S475 (vehicles with minors) New York: A06288 (vehicles with minors)-Referred to Health Committee; A06714 (vehicles with minors)-Reported referred to codes; S03191 (vehicles with minors)-Amended and recommitted to Health Committee Ohio : SB135 (vehicles with minors)-Carried over to 2010 Pennsylvania: HB359 (vehicles with minors)-Carried over to 2010 South Carolina: H3023 (vehicles with minors)-Carried over to 2010; H3082 (vehicles with minors)-Carried over to 2010; H3317 (vehicles with minors)-Carried over to 2010; H3445 (vehicles with minors)-Carried over to 2010; S23 (vehicles with minors)-Carried over to 2010 Tennessee: SB0495 (vehicles with minors)-Carried over to 2010; HB727/SB1550 (vehicles with minors)-Carried over to 2010 · The following states have bills primarily addressing smoking in outdoor locations: Massachusetts: HB2162 (reasonable distance)-Carried over to 2010 Michigan: SB906 (state capitol grounds)-Carried over to 2010 New Hampshire: HB1186 (parks)-Interim Study - Subcommittee Work Session: 5/17; HB1194 (beaches)-Interim Study - Subcommittee Work Session: 5/17 New Jersey: S443 (outdoor public places)-On Hold; S684 (youth; outdoors); A2172/S669 (parks and beaches)-S669 on Hold; A1853 (state parks and beaches); S889 (state-owned beaches)-On Hold New York: A00577 (reasonable distance)-Referred to Health Committee; A01137 (playgrounds)-Passed Assembly and sent to Senate; A01837-(parks and beaches)-Referred to Health Committee; A07362 (reasonable distance)-Held for consideration in Health Committee; S05005 (playgrounds)-Referred to Health Committee; S07098 (transportation platforms); A10500 (transportation platforms) Tennessee: SB3719/HB3748 (library grounds)-SB3719 passed Senate · The following states have other provisions and should be watched: Illinois: HB3176 (technical amendment)-Carried over to 2010; SB851 (removes nursing home exemption)-Amended and Passed both Houses; SB2314 (technical amendment)-Carried over to 2010; HB5524 (enforcement change)Referred to Rules Committee; SB3591 (enforcement change)-Rule 2-10 Third Reading Deadline Established as May 7; SB3174 (electronic cigarettes)-Passed Senate, in House Rules Committee Massachusetts: HB1875 (workplace smoking)-Carried over to 2010; HB1181 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB1243 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB2054 (tobacco free pharmacies)-Carried over to 2010; S813 (tobacco free pharmacies)-Bill reported favorably from the Joint Committee on Public Health Michigan: HB4100 (compliance)-Carried over to 2010; HB4419 (compliance)-Carried over to 2010; HB5284 (workplace liability)-Carried over to 2010 Minnesota: HF1142 (psychiatric hospitals)-Session Adjourned New Hampshire: HB1541 (e-cigarettes at educational facilities)-Enrolled New Jersey: A512 (state vehicles); S446 (housing) New York: S1234 (tobacco free pharmacies)-Referred to Health Committee; A05890 (tobacco free pharmacies)Referred to Health Committee; A06542 (public housing)-Held for consideration in Housing Committee; S03242 (playgrounds)-Reported and Committed to Codes; A08700 (housing)-Referred to Judiciary Committee; A10837 (prisons) Oklahoma: SB1674 (educational facilities)-Second Reading referred to Public Health in House; SB1826 (name change)-Second Reading referred to Rules; SB1984 (name change) Rhode Island: HB7012 (tobacco-free health care facilities); HB7153 (smoking bar restriction)-Committee recommended measure be held for further study; SB2204 (smoking bar restriction) South Carolina: S31 (schools)-Carried over to 2010; H4412 (reasonable distance) Legislation Enacted this Year

file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2052110.html[8/19/2011 2:33:30 AM]

D.C.: B18-0670 (special event exemption) -Signed by Mayor; B18-042-(reasonable distance)-Enacted Kansas: HB2221 (workplaces, restaurants and bars)-Signed by Governor Mississippi: SB2644 (youth recreation)-Signed by Governor Nebraska: LB861 (technical amendment)-Signed by Governor New Jersey: A4227/A4228 (e-cigarettes in public places)-Signed by Governor Oklahoma: HB2748 (educational facilities)-Signed by Governor; HB2774 (financial incentives)-Signed by Governor Pennsylvania: SB711 (gaming exemption; preemption)-Signed by the Governor U.S. Virgin Islands: Bill 28-0191 (workplaces, restaurants and bars)-Signed by Governor Utah: HB88 (e-cigarette restrictions)-Signed by Governor Wisconsin: AB720-SA1 (definition change)-Signed by Governor

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440.

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440.
file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2052110.html[8/19/2011 2:33:30 AM]

From:                             smokefree-talk@googlegroups.com on behalf of Liz Williams <liz.williams@no-smoke.org> Sent:                              Friday, May 28, 2010 7:46 PM To:                                  smokefree-talk@googlegroups.com Subject:                         [Smokefree-Talk] Preemption Watch Bill Tracking Summary: 5/28/10 Preemption Watch Weekly Bill Tracking Summary of U.S. State Bills www.protectlocalcontrol.org May 28, 2010 ANR tracks pending legislation relating to states' smokefree air policies as part of the continued fight to prevent preemptive legislation before it can be passed and to overturn preemption in states where it is already in place. Since even a strong bill can become preemptive at any point in the legislative process, it is very important to track even the best bills throughout the entire legislative session and keep a watchful eye out for all attempts to remove local control. In 2010, consider setting up a Preemption Strike Force to help combat tobacco industry legislative tricks by allowing for quick and easy communication among proponents of local control. Learn how at http://www.nosmoke.org/pdf/preemptionstrikeforce.pdf. Legislative sessions have ended in: Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Minnesota, Missouri, Mississippi, Nebraska, New Mexico, Oklahoma, South Dakota, Utah, Vermont, Virginia, Washington, West Virginia and Wyoming. Also, 2010 sessions are not held in Montana, Nevada, North Dakota, Oregon, and Texas. Below is a listing of state bills that have been introduced in state legislatures. Please visit the www.protectlocalcontrol.org and click on the state of your choice to view the summary, text, and status of pending bills. Please email ANR with any new information regarding pending legislation and preemption attempts in your state and we will analyze and summarize the legislation. The new and pending legislative bills are classified below into seven categories to clearly delineate which bills will protect public health and should be supported from those that should be opposed because they do not effectively protect public health, weaken a strong law, or intend to preempt local control. New bills and changes in bill status since the last update appear in bold. Strong: Bill includes 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; strengthens existing smokefree laws; or repeals preemption. Weak: Bill includes ventilation, smoking rooms, or other key exemptions. Weakens: Bill weakens a current strong 100% smokefree law. Preemptive: Bill contains preemptive language that removes the right to local control. Vehicles: Bill addresses smoking in vehicles with children present. Outdoor: Bill primarily addresses smoking in outdoor locations. Other: Bills contain other provisions and should be watched. · The following states have strong bills that include 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; OR repeals preemption: Louisiana: SB348 (bars and gaming)-Involuntarily deferred in committee
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Michigan : HB4099 (workplaces and restaurants)-Carried over to 2010; SB79 (workplaces, restaurants and bars)Carried over to 2010; SB114 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4196 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4341 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB5077 (preemption repeal)-Carried over to 2010; HB5283 (workplaces, restaurants and bars)-Carried over to 2010 New Jersey: A1062 (casinos); S423 (casinos) New York: S03388 (tribal gaming)-Referred to Investigations and Government Operations Committee Oklahoma: HB1040 (preemption repeal)-Session Adjourned; HB1728 (workplaces, restaurants and bars)-Session Adjourned; SB925 (preemption repeal)-Session Adjourned; HB2343 (workplaces, restaurants and bars)-Session Adjourned; SB1809 (workplaces, restaurants and bars)-Session Adjourned Pennsylvania: HB58 (preemption repeal)-Re-committed to House Appropriations Committee; SB113 (restaurants and bars; preemption repeal)-Carried over to 2010; HB1245 (bars; preemption repeal)-Carried over to 2010; SB898 (partial preemption repeal)-Carried over to 2010 Tennessee: HB0017/SB1799 (restaurants and bars)-Carried over to 2010 · The following states have weak bills that include ventilation, smoking rooms, size exemptions, or other major faults or exemptions: Louisiana: SB334 (strengthens bars and weakens restaurants)-Amended and reconsideration of vote set on Senate Floor; HB1323 (gaming)-Involuntarily deferred in committee Michigan: HB4752 (trigger with tribal gaming)-Carried over to 2010; SB469 (ballot requirement)-Carried over to 2010; HB5535 (tax credit)-Carried over to 2010; HB5637 (smoking areas)-Carried over to 2010 Oklahoma: HB1311 (age restriction)-Session Adjourned; SB1036 (task force)-Session Adjourned South Carolina: H3091 (restaurants and bars)-Carried over to 2010; H3113 (restaurants and bars)-Carried over to 2010; H3523 (workplaces)-Carried over to 2010; S38 (restaurants and bars)-Carried over to 2010 Tennessee: SB431 (signage) · The following states have bills that create exemptions that weaken a current strong law: D.C.: B18-0084 (exemption) Illinois: HB1145 (smoking licenses)-Carried over to 2010; SB1836 (theatrical exemption)-Carried over to 2010; HB6158 (religious exemption)-Rule 19(a) / Re-referred to Rules Committee Michigan: HB5803 (smoking room exemption) New Jersey: A461 (tobacco business exemption); S2001 (gaming exemption) Ohio: SB120 (cigar bar and family bar exemption)-Carried over to 2010 Pennsylvania: HB1146 (fire company exemption)-Carried over to 2010; HB1147 (church exemption)-Carried over to 2010 Tennessee: HB0163/SB0863 (age restriction)-HB0163 Failed for Lack of Motion; HB441/SB412 (age restriction)Carried over to 2010 · The following states have preemptive bills: Massachusetts: HB2176 (preemptive exemptions)-Carried over to 2010 New York: A08982 (retail tobacco shop exemption and preemption)-Referred to Economic Development Committee; S06179 (retail tobacco store exemption and preemption)-Advanced to 3rd Reading · The following states have bills that address smoking in vehicles when children are present: Illinois: HB889 (vehicles with minors)-Rule 19(a) / Re-referred to Rules Committee Massachusetts: HB3233 (vehicles with minors)-Carried over to 2010; HB3475 (vehicles with minors)-Carried over to 2010; SB1902 (vehicles with minors)-Carried over to 2010 New Jersey: A1591/S475 (vehicles with minors); A2814 (vehicles with minors) New York: A06288 (vehicles with minors)-Referred to Health Committee; A06714 (vehicles with minors)-Reported referred to codes; S03191 (vehicles with minors)-Amended and recommitted to Health Committee
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Ohio : SB135 (vehicles with minors)-Carried over to 2010 Pennsylvania: HB359 (vehicles with minors)-Carried over to 2010 South Carolina: H3023 (vehicles with minors)-Carried over to 2010; H3082 (vehicles with minors)-Carried over to 2010; H3317 (vehicles with minors)-Carried over to 2010; H3445 (vehicles with minors)-Carried over to 2010; S23 (vehicles with minors)-Carried over to 2010 Tennessee: SB0495 (vehicles with minors)-Carried over to 2010; HB727/SB1550 (vehicles with minors)-Carried over to 2010 · The following states have bills primarily addressing smoking in outdoor locations: Massachusetts: HB2162 (reasonable distance)-Carried over to 2010 Michigan: SB906 (state capitol grounds)-Carried over to 2010 New Hampshire: HB1186 (parks)-Interim Study - Subcommittee Work Session: 5/17; HB1194 (beaches)-Interim Study - Subcommittee Work Session: 5/17 New Jersey: S443 (outdoor public places)-On Hold; S684 (youth; outdoors); A2172/S669 (parks and beaches)-S669 on Hold; A1853 (state parks and beaches); S889 (state-owned beaches)-On Hold New York: A00577 (reasonable distance)-Referred to Health Committee; A01137 (playgrounds)-Passed Assembly and sent to Senate; A01837-(parks and beaches)-Referred to Health Committee; A07362 (reasonable distance)-Held for consideration in Health Committee; S05005 (playgrounds)-Referred to Health Committee; S07098 (transportation platforms); A10500 (transportation platforms) Tennessee: SB3719/HB3748 (library grounds)-SB3719 passed Senate · The following states have other provisions and should be watched: Illinois: HB3176 (technical amendment)-Carried over to 2010; SB851 (removes nursing home exemption)-Amended and Passed both Houses; SB2314 (technical amendment)-Carried over to 2010; HB5524 (enforcement change)Referred to Rules Committee; SB3591 (enforcement change)-Rule 2-10 Third Reading Deadline Established as May 7; SB3174 (electronic cigarettes)-Passed Senate, in House Rules Committee Massachusetts: HB1875 (workplace smoking)-Carried over to 2010; HB1181 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB1243 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB2054 (tobacco free pharmacies)-Carried over to 2010; S813 (tobacco free pharmacies)-Bill reported favorably from the Joint Committee on Public Health Michigan: HB4100 (compliance)-Carried over to 2010; HB4419 (compliance)-Carried over to 2010; HB5284 (workplace liability)-Carried over to 2010 New Hampshire: HB1541 (e-cigarettes at educational facilities)-Enrolled New Jersey: A512 (state vehicles); S446 (housing) New York: S1234 (tobacco free pharmacies)-Referred to Health Committee; A05890 (tobacco free pharmacies)Referred to Health Committee; A06542 (public housing)-Held for consideration in Housing Committee; S03242 (playgrounds)-Reported and Committed to Codes; A08700 (housing)-Referred to Judiciary Committee; A10837 (prisons) Oklahoma: SB1674 (educational facilities)-Session Adjourned; SB1826 (name change)-Session Adjourned; SB1984 (name change)-Session Adjourned Rhode Island: HB7012 (tobacco-free health care facilities); HB7153 (smoking bar restriction)-Committee recommended measure be held for further study; SB2204 (smoking bar restriction) South Carolina: S31 (schools)-Carried over to 2010; H4412 (reasonable distance) Legislation Enacted this Year D.C.: B18-0670 (special event exemption) -Signed by Mayor; B18-042-(reasonable distance)-Enacted Kansas: HB2221 (workplaces, restaurants and bars)-Signed by Governor Mississippi: SB2644 (youth recreation)-Signed by Governor Nebraska: LB861 (technical amendment)-Signed by Governor New Jersey: A4227/A4228 (e-cigarettes in public places)-Signed by Governor
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Oklahoma: HB2748 (educational facilities)-Signed by Governor; HB2774 (financial incentives)-Signed by Governor Pennsylvania: SB711 (gaming exemption; preemption)-Signed by the Governor U.S. Virgin Islands: Bill 28-0191 (workplaces, restaurants and bars)-Signed by Governor Utah : HB88 (e-cigarette restrictions)-Signed by Governor Wisconsin: AB720-SA1 (definition change)-Signed by Governor Summaries of all NEW bills are listed below: (All other pending bill summaries are on individual state pages on www.protectlocalcontrol.org) S2001-(gaming exemption)-An Act creating a cigar night smoking ban exemption for racetracks and off-track wagering facilities http://www.njleg.state.nj.us/2010/Bills/S2500/2001_I1.PDF http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=S2001 This bill creates an exemption to the smokefree air law to allow racetracks and off-track wagering facilities to have "cigar nights," with a maximum of five such nights a year. Preemptive: No Anti-Preemption Clause: No A2814-(vehicles with minors)-An Act concerning smoking in a motor vehicle (text not yet available) http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=A2814 This bill prohibits smoking in a vehicle when a child under the age of 16 is present in the vehicle. Preemptive: No Anti-Preemption Clause: No

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440.

Liz Williams Project Manager
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Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440. </ -You received this message because you are subscribed to the Google Groups "Smokefree-talk" group. To post to this group, send email to smokefree-talk@googlegroups.com. To unsubscribe from this group, send email to smokefree-talk+unsubscribe@googlegroups.com. For more options, visit this group at http://groups.google.com/group/smokefree-talk?hl=en.

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From:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â smokefree-talk@googlegroups.com on behalf of Liz Williams <liz.williams@no-smoke.org> Sent:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Friday, May 06, 2011 9:03 PM To:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â smokefree-talk@googlegroups.com Subject:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â [Smokefree-Talk] Preemption Watch Bill Tracking Summary: 5/6/11 May 6, 2011 ANR tracks pending legislation relating to states' smokefree air policies as part of the continued fight to prevent preemptive legislation before it can be passed and to overturn preemption in states where it is already in place. Since even a strong bill can become preemptive at any point in the legislative process, it is very important to track even the best bills throughout the entire legislative session and keep a watchful eye out for all attempts to remove local control. Now is a great time to consider setting up a Preemption Strike Force to help combat tobacco industry legislative tricks by allowing for quick and easy communication among proponents of local control. Learn how at http://www.nosmoke.org/pdf/preemptionstrikeforce.pdf. Legislative sessions have ended for 2011 in Arizona, Georgia, Hawaii, Idaho, Indiana, Kentucky, Maryland, New Mexico, South Dakota, Utah, Virginia, West Virginia, and Wyoming. Below is a listing of state bills that have been introduced in state legislatures thus far. Please visit the www.protectlocalcontrol.org and click on the state of your choice to view the summary, text, and status of pending bills. Please email ANR with any new information regarding pending legislation and preemption attempts in your state and we will analyze and summarize the legislation.

The new and pending legislative bills are classified below into seven categories to clearly delineate which bills will protect public health and should be supported from those that should be opposed because they do not effectively protect public health, weaken a strong law, or intend to preempt local control. New bills and changes in bill status since the last update appear in bold. Strong: Bill includes 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; strengthens existing smokefree laws; or repeals preemption. Weak: Bill includes ventilation, smoking rooms, or other key exemptions. Weakens: Bill weakens a current strong 100% smokefree law. Preemptive: Bill contains preemptive language that removes the right to local control. Vehicles: Bill addresses smoking in vehicles with children present. Outdoor: Bill primarily addresses smoking in outdoor locations. Other: Bills contain other provisions and should be watched. · The following states have strong bills that include 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; OR repeals preemption: Alabama: SB372 (workplaces, restaurants, bars and gaming)ÂReported favorable from Health committee with amendment California: SB575 (workplaces)ÂSenate Rule 28.8, read second time, ordered to third reading Connecticut: HB5286 (private clubs); HB5614 (private clubs); SB00531 (private clubs); SB884 (private clubs) Florida: HB211 (partial preemption repeal)-First Reading in Health & Human Services Quality Subcommittee; SB1070 (partial preemption repeal)-Referred to the Committees on Regulated Industries; Health Regulation; and Community Affairs

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Indiana: SB355 (workplaces, restaurants, and bars)ÂSession Adjourned Iowa : HF21 (casinos) Kansas: HB2039 (removes casino exemption); HB2340 (casinos)-Passed House and sent to Senate Committee on Federal and State Affairs Missouri: HB438 (workplaces, restaurants, bars and gaming)-Public Hearing Completed New Jersey: A1062 (casinos)-Carried over from 2010; S423 (casinos)-Carried over from 2010 Pennsylvania: SB35 (restaurants, bars & preemption repeal); HB412 (remove gaming exemption); HB824 (restaurants, bars & preemption repeal) Texas : HB670 (workplaces, restaurants, and bars)ÂPlaced on General State Calendar for 5/10; SB355 (workplaces, restaurants, and bars)-Reported favorably as substituted in Health and Human Services Committee · The following states have weak bills that include ventilation, smoking rooms, size exemptions, or other major faults or exemptions: Connecticut: SB948 (small workplaces)-Motion failed in Committee on Planning and Development Louisiana: SB133 (strengthens bars and weakens restaurants)ÂReferred to the committee on Health and Welfare Maine: LD1230 (private clubs) Massachusetts: S00170 (smoking areas in gaming facilities) South Carolina: H3015 (restaurants and bars)-Prefiled and Referred to Committee on Judiciary; H3022 (restaurants and bars)-Prefiled and Referred to Committee on Judiciary; H3033 (restaurants and bars)-Prefiled and Referred to Committee on Judiciary; H3109 (public indoor areas)-Prefiled and Referred to Committee on Judiciary · The following states have bills that create exemptions that weaken a current strong law: Illinois: HB171 (casino exemption)-Rule 19(a) / Re-referred to Rules Committee; HB1310 (smoking license exemption)-Rule 19(a) / Re-referred to Rules Committee; HB1965 (gaming exemption)ÂHearing in Senate Executive Committee scheduled for May 11 Iowa: SF81 (bar and restaurant exemptions) Massachusetts: H03368 (hookah bars) ÂHearing scheduled for 5/10 Michigan: HB4127 (broad exemptions); HB4255 (veterans' club exemption); HB4447 (restaurant patio exemption); SB352 (broad exemptions) Minnesota: HF0188 (bar exemption); SF0168 (bar exemption); SF0362 (smoking rooms) New Jersey: A461 (tobacco business exemption)-Carried over from 2010; S2001/A2897 (gaming exemption)-Carried over from 2010 North Carolina: SB469 (roll back restaurant and bar law) Oregon: HB2350 (smoke shop exemption expansion)-Public Hearing held 3/30; HB2599 (cigar bar exemption expansion); HB2601 (private club & smoke shop exemption)-Work session held 4/18; HB3457 (theatrical exemption)ÂPublic Hearing and Possible Work Session scheduled for 5/12 Pennsylvania: HB987 (outdoor fair exemption) Tennessee: HB1415 / SB0956 (age restriction change) Washington: HB1683 (cigar lounge exemption)ÂBy resolution, reintroduced and retained in present status in 1st Special Session; SB5542 (cigar lounge exemption) Rules Committee for second reading · The following states have preemptive bills: Hawaii: HB1370 (exempt and preempt smoking permits)ÂSession Adjourned; HB1441 (exempt and preempt smoking permits)ÂSession Adjourned; SB585 (exempt and preempt smoking permits)ÂSession Adjourned; SB708 (exempt and preempt smoking permits)ÂSession Adjourned Massachusetts: H01541 (preemptive smoking bar exemption)ÂHearing scheduled for 5/10; S01159 (preempts regulation of cigar bars)ÂHearing scheduled for 5/10 Missouri: HB290 (smoking room exemption and preemptive)ÂHouse Committee Substitute passed New York: A07305 (retail tobacco shop exemption and preemption); S04859 (retail tobacco shop exemption and
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preemption) · The following states have bills that address smoking in vehicles when children are present: Connecticut: HB05502 (vehicles with minors) Florida: SB1212 (vehicles with minors)-Referred to the Committees on Health Regulation; Transportation; Criminal Justice; HB971 (vehicles with minors) Hawaii: HB29 (vehicles with minors)ÂSession Adjourned; SB970 (vehicles with minors)ÂSession Adjourned Minnesota: HF0541 (vehicles with minors) New Jersey: A1591/S475 (vehicles with minors)-Carried over from 2010; A2814 (vehicles with minors)-Carried over from 2010 New York: A04902 (vehicles with minors)-Enacting clause stricken; S03082 (vehicles with minors); A07285 (vehicles with minors) Ohio : SB27 (vehicle with minors) Oregon: HB2261 (vehicles with minors) Rhode Island: SB240 (vehicle with minors) ÂCommittee recommended measure be held for further study South Carolina: S215 (vehicle with minors)-Prefiled and Referred to Committee on Transportation; H3202 (vehicle with minors); S292 (vehicle with minors); H3427 (vehicle with minors) Tennessee: HB0606/ SB0776 (vehicle with minors)-HB0606 taken off notice for calendar of Agriculture Committee for 4/5 Vermont : H68 (vehicles with minors); H116 (vehicles with minors) Washington: SB5016 (vehicle with minors)ÂBy resolution, reintroduced and retained in present status in 1st Special Session · The following states have bills primarily addressing smoking in outdoor locations: Hawaii: HB89 (outdoor areas of housing and hotels)ÂSession Adjourned; HB1318 (outdoor areas)ÂSession Adjourned; SB1435 (outdoor areas)ÂSession Adjourned Iowa : HF274 (health care entrances) Massachusetts: H00627 (reasonable distance) New Hampshire: HB568 (parks)-Hearing on 2/10 New Jersey: S443 (outdoor public places)-Carried over from 2010; S684 (youth; outdoors)-Carried over from 2010; A2172/S669 (parks and beaches)-Carried over from 2010; A1853 (state parks and beaches)-Carried over from 2010; S889 (state-owned beaches)-Carried over from 2010 New York: A00184 (reasonable distance); A00597 (transportation platforms); A01532 (parks and beaches); S02997 (transportation platforms); A05516 (transportation platforms) ÂAmended and recommitted to Codes Committee; S03461 (transportation platforms) ÂAdvanced to third reading and amended; A06156 (parks and plazas) ÂAmended and recommitted to Health Committee; A06451 (playgrounds) ÂAdvanced to third reading calendar; A06543 (playgrounds); A07142 (reasonable distance); S04401 (playgrounds) ÂAdvanced to third reading Vermont : H191 (ski areas); H0379 (state parks) · The following states have other provisions and should be watched: California: AB217 (long term health care facilities) ÂPassed Appropriations Committee; SB332 (housing) ÂPassed Judiciary Committee, amended, and ordered to third reading Connecticut: SB00415 (hookah lounges)ÂReferred by Senate to Committee on Planning and Development Florida : HB891 (schools) ÂLaid on Table, refer to SB1430; SB1430 (schools) ÂSent to Governor Hawaii: HB46 (public housing)ÂSession Adjourned; HB1494 (condos)ÂSession Adjourned; SB908 (public housing)ÂSession Adjourned Illinois : HB802 (technical amendment)-Rule 19(a) / Re-referred to Rules Committee; HB803 (technical amendment)Rule 19(a) / Re-referred to Rules Committee; SB860 (technical amendment) -Passed Executive Committee and Placed on Calendar 3rd Reading for 3/29; SB861 (technical amendment) -Passed Executive Committee and Placed on Calendar 3rd Reading for 3/29; HB2216 (technical amendment)-Rule 19(a) / Re-referred to Rules Committee Indiana: SB55 (municipal ballot)ÂSession Adjourned; HB1120 (municipal ballot)ÂSession Adjourned
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Iowa : HF86 (school property); SF458 (gaming bill) Maine : LD1067 (housing disclosure) Massachusetts: H02110 (elderly public housing)-Hearing scheduled for 5/3; H03253 (all multi-unit housing)-Hearing scheduled for 5/10; H00591 (tobacco-free pharmacies)-Hearing scheduled for 5/10; S01094 (tobacco-free pharmacies)-Hearing scheduled for 5/10 Missouri: HB314 (school property)-Public hearing held 4/5; HB445 (correctional facilities)-Public hearing completed; SB289 (correctional facilities) Nebraska: LB313 (school property)-Notice of hearing for 2/8 Nevada: AB128 (college campuses) New Jersey: A512 (state vehicles)-Carried over from 2010; S446 (housing)-Carried over from 2010 New York: A03430 (correctional facilities); A06097 (public housing) Oregon: HB2726 (smoke shop registry) ÂFirst reading in Senate and referred to President’s desk; SB293 (housing) ÂPassed House; HB3014 (electronic cigarettes); HB3191 (technical change); HB3329 (amend smoke shop exemption) South Carolina: S219 (schools)-Prefiled and Referred to Committee on Education; H4092 (colleges) Tennessee: HB1123 / SB0853 (fire stations)-HB1123 taken off notice for calendar of Agriculture Committee for 4/5; HB1470 / SB1936 (local control for hospital grounds)-HB1470 recommended for passage by Agriculture Committee and SB1936 placed on Commerce, Labor & Agriculture Committee calendar for 4/26 Texas : SB1783 (warning signs)

Legislation Enacted this Session Arkansas : SB1004 (vehicles with minors)-Signed by Governor Colorado: HB11-1016 (e-cigarettes on school property)-Signed by Governor Montana: HB19 (adding marijuana to smokefree law)-Signed by Governor

Summaries of all NEW bills are listed below: (All other pending bill summaries are on individual state pages on www.protectlocalcontrol.org) Louisiana SB133Â(strengthens bars and weakens restaurants)ÂAn Act relative to smoking in certain places committee on Health and Welfare http://www.legis.state.la.us/billdata/History.asp?sessionid=11RS&billid=SB133 http://www.legis.state.la.us/ This bill amends the current smokefree air law to narrow the exemption that allows smoking in bars by prohibiting smoking in those bars that serve food while the bar is open to the public, but it would also weaken the smokefree restaurants law by allowing smoking in restaurants when not open to the public. Preemptive: No Anti-Preemption Clause: No Michigan SB352Â(broad exemptions)ÂA bill to amend the public health code http://www.legislature.mi.gov/documents/2011-2012/billintroduced/Senate/pdf/2011-SIB-0352.pdf http://www.legislature.mi.gov/%28S%28oindvo45vajgvo45j4ogwp55%29%29/mileg.aspx? page=getobject&objectname=2011-SB-0352 This bill weakens the new smokefree air law by creating exemptions to permit enclosed smoking rooms in places of employment and food service establishments, which includes restaurants, coffee shops, taverns, bars, nightclubs, etc. Additionally, smoking would be permitted on outdoor patios of food service establishments.
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Preemptive: No Anti-Preemption Clause: No Missouri HB290Â(smoking room exemption and preemptive)ÂAn Act relating to political subdivisions Substitute passed http://www.house.mo.gov/billtracking/bills111/billpdf/commit/HB0290C.PDF http://www.house.mo.gov/billsummary.aspx?bill=HB290&year=2011&code=R The House Committee Substitute to this bill would allow the Division of Alcohol and Tobacco Control to issue a permit for a smoking section to businesses that declare they face hardship from a local smokefree law, and would preempt any local government from requiring that these businesses be smokefree. Preemptive: YES Anti-Preemption Clause: No

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440.

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us!

file:///C|/.../disc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%205611 html[8/19/2011 2:33:33 AM]

Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440. </ -You received this message because you are subscribed to the Google Groups "Smokefree-talk" group. To post to this group, send email to smokefree-talk@googlegroups.com. To unsubscribe from this group, send email to smokefree-talk+unsubscribe@googlegroups.com. For more options, visit this group at http://groups.google.com/group/smokefree-talk?hl=en.

file:///C|/.../disc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%205611 html[8/19/2011 2:33:33 AM]

From:                             smokefree-talk@googlegroups.com on behalf of Liz Williams <liz.williams@no-smoke.org> Sent:                              Friday, May 07, 2010 7:43 PM To:                                  smokefree-talk@googlegroups.com Subject:                         [Smokefree-Talk] Preemption Watch Bill Tracking Summary: 5/7/10 Preemption Watch Weekly Bill Tracking Summary of U.S. State Bills www.protectlocalcontrol.org May 7, 2010 ANR tracks pending legislation relating to states' smokefree air policies as part of the continued fight to prevent preemptive legislation before it can be passed and to overturn preemption in states where it is already in place. Since even a strong bill can become preemptive at any point in the legislative process, it is very important to track even the best bills throughout the entire legislative session and keep a watchful eye out for all attempts to remove local control. In 2010, consider setting up a Preemption Strike Force to help combat tobacco industry legislative tricks by allowing for quick and easy communication among proponents of local control. Learn how at http://www.nosmoke.org/pdf/preemptionstrikeforce.pdf. Legislative sessions have ended in: Alabama, Alaska, Arizona, Arkansas, Connecticut, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kentucky, Maine, Maryland, Mississippi, Nebraska, New Mexico, South Dakota, Utah, Virginia, Washington, West Virginia and Wyoming. Also, 2010 sessions are not held in Montana, Nevada, North Dakota, Oregon, and Texas. Below is a listing of state bills that have been introduced in state legislatures. Please visit the www.protectlocalcontrol.org and click on the state of your choice to view the summary, text, and status of pending bills. Please email ANR with any new information regarding pending legislation and preemption attempts in your state and we will analyze and summarize the legislation. The new and pending legislative bills are classified below into seven categories to clearly delineate which bills will protect public health and should be supported from those that should be opposed because they do not effectively protect public health, weaken a strong law, or intend to preempt local control. New bills and changes in bill status since the last update appear in bold. Strong: Bill includes 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; strengthens existing smokefree laws; or repeals preemption. Weak: Bill includes ventilation, smoking rooms, or other key exemptions. Weakens: Bill weakens a current strong 100% smokefree law. Preemptive: Bill contains preemptive language that removes the right to local control. Vehicles: Bill addresses smoking in vehicles with children present. Outdoor: Bill primarily addresses smoking in outdoor locations. Other: Bills contain other provisions and should be watched. · The following states have strong bills that include 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; OR repeals preemption: Connecticut: SB245 (workplaces)-Session Adjourned
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Kansas : SB25 (workplaces, restaurants and bars)-Substitute introduced addressing different topic area Louisiana: SB348 (bars and gaming)-Returned to the Calendar, subject to call Michigan : HB4099 (workplaces and restaurants)-Carried over to 2010; SB79 (workplaces, restaurants and bars)Carried over to 2010; SB114 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4196 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4341 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB5077 (preemption repeal)-Carried over to 2010; HB5283 (workplaces, restaurants and bars)-Carried over to 2010 Missouri: HB1766 (workplaces, restaurants and bars); SB904 (workplaces, restaurants, bars and gaming)-Committee hearing held on 2/22 New Jersey: A1062 (casinos); S423 (casinos) New York: S03388 (tribal gaming)-Referred to Investigations and Government Operations Committee Oklahoma: HB1040 (preemption repeal)-Carried over to 2010; HB1728 (workplaces, restaurants and bars)-Carried over to 2010; SB925 (preemption repeal)-Second Reading referred to Rules; HB2343 (workplaces, restaurants and bars)-Second Reading referred to Public Health; SB1809 (workplaces, restaurants and bars)-Second Reading referred to Appropriations Pennsylvania: HB58 (preemption repeal)-Re-committed to House Appropriations Committee; SB113 (restaurants and bars; preemption repeal)-Carried over to 2010; HB1245 (bars; preemption repeal)-Carried over to 2010; SB898 (partial preemption repeal)-Carried over to 2010 Tennessee: HB0017/SB1799 (restaurants and bars)-Carried over to 2010 Vermont: H0118 (workplaces)-Carried over to 2010 · The following states have weak bills that include ventilation, smoking rooms, size exemptions, or other major faults or exemptions: Louisiana: SB334 (strengthens bars and weakens restaurants)-Returned to the Calendar, subject to call; HB1323 (gaming)-Involuntarily deferred in committee Michigan : HB4752 (trigger with tribal gaming)-Carried over to 2010; SB469 (ballot requirement)-Carried over to 2010; HB5535 (tax credit)-Carried over to 2010; HB5637 (smoking areas)-Carried over to 2010 Oklahoma: HB1311 (age restriction)-Carried over to 2010; SB1036 (task force)-Carried over to 2010; HB2774 (financial incentives)-Sent to Governor South Carolina: H3091 (restaurants and bars)-Carried over to 2010; H3113 (restaurants and bars)-Carried over to 2010; H3523 (workplaces)-Carried over to 2010; S38 (restaurants and bars)-Carried over to 2010 Tennessee: SB431 (signage) · The following states have bills that create exemptions that weaken a current strong law: D.C.: B18-0084 (exemption) Illinois: HB1145 (smoking licenses)-Carried over to 2010; SB1836 (theatrical exemption)-Carried over to 2010; HB6158 (religious exemption)-Rule 19(a) / Re-referred to Rules Committee Kansas: HB2741 (exemptions)-Referred to Federal and State Affairs Michigan: HB5803 (smoking room exemption) Minnesota: HF257/SF270 (bar and bar area of restaurant exemption)-Carried over to 2010; HF2046-(hookah exemption)-Carried over to 2010; SF898-(smoking break rooms)-Carried over to 2010 New Jersey: A461 (tobacco business exemption) Ohio : SB120 (cigar bar and family bar exemption)-Carried over to 2010 Pennsylvania: HB1146 (fire company exemption)-Carried over to 2010; HB1147 (church exemption)-Carried over to 2010 Tennessee: HB0163/SB0863 (age restriction)-HB0163 Failed for Lack of Motion; HB441/SB412 (age restriction)Carried over to 2010 Wisconsin: AB720-SA1 (definition change)-Enrolled · The following states have preemptive bills: Kansas: SB81 (preemption; minors only and smoking areas)-Carried over to 2010; HB2642 (preemption)-Withdrawn
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from Appropriations and Referred to Health and Human Services Massachusetts: HB2176 (preemptive exemptions)-Carried over to 2010 New York: A08982 (retail tobacco shop exemption and preemption)-Referred to Economic Development Committee; S06179 (retail tobacco store exemption and preemption)-Advanced to 3rd Reading · The following states have bills that address smoking in vehicles when children are present: Florida: HB1141 (vehicles with minors)-Died in Committee; Session Adjourned; S2596 (vehicles with minors)Died in Committee; Session Adjourned Illinois : HB889 (vehicles with minors)-Rule 19(a) / Re-referred to Rules Committee Massachusetts: HB3233 (vehicles with minors)-Carried over to 2010; HB3475 (vehicles with minors)-Carried over to 2010; SB1902 (vehicles with minors)-Carried over to 2010 Minnesota: HF379/SF359 (vehicles with minors)-HF379 has hearing on 3/17 New Jersey: A1591/S475 (vehicles with minors) New York: A06288 (vehicles with minors)-Referred to Health Committee; A06714 (vehicles with minors)-Amended and recommitted to Health Committee; S03191 (vehicles with minors)-Amended and recommitted to Health Committee Ohio : SB135 (vehicles with minors)-Carried over to 2010 Pennsylvania: HB359 (vehicles with minors)-Carried over to 2010 South Carolina: H3023 (vehicles with minors)-Carried over to 2010; H3082 (vehicles with minors)-Carried over to 2010; H3317 (vehicles with minors)-Carried over to 2010; H3445 (vehicles with minors)-Carried over to 2010; S23 (vehicles with minors)-Carried over to 2010 Tennessee: SB0495 (vehicles with minors)-Carried over to 2010; HB727/SB1550 (vehicles with minors)-Carried over to 2010 · The following states have bills primarily addressing smoking in outdoor locations: California: SB4 (parks/beaches)-Vetoed by Governor Massachusetts: HB2162 (reasonable distance)-Carried over to 2010 Michigan: SB906 (state capitol grounds)-Carried over to 2010 Missouri: HB1277 (school property) New Hampshire: HB1186 (parks)-Work session cancelled; HB1194 (beaches)-Work session cancelled New Jersey: S443 (outdoor public places)-On Hold; S684 (youth; outdoors); A2172/S669 (parks and beaches)-S669 on Hold; A1853 (state parks and beaches); S889 (state-owned beaches)-On Hold New York: A00577 (reasonable distance)-Referred to Health Committee; A01137 (playgrounds)-Passed Assembly and sent to Senate; A01837-(parks and beaches)-Referred to Health Committee; A07362 (reasonable distance)Referred to Health Committee; S05005 (playgrounds)-Referred to Health Committee; S07098 (transportation platforms); A10500 (transportation platforms) Tennessee: SB3719/HB3748 (library grounds)-HB3748 Failed; SB3719 passed Senate Vermont : H0046 (reasonable distance)-Carried over to 2010; H501 (government building grounds); H568 (reasonable distance) · The following states have other provisions and should be watched: Connecticut: SB264 (day care facilities)-Session Adjourned Illinois : HB3176 (technical amendment)-Carried over to 2010; SB851 (removes nursing home exemption)-Amended and Passed both Houses; SB2314 (technical amendment)-Carried over to 2010; HB5524 (enforcement change)Referred to Rules Committee; SB3591 (enforcement change)-Rule 2-10 Third Reading Deadline Established as May 7; SB3174 (electronic cigarettes)-Passed Senate, in House Rules Committee Massachusetts: HB1875 (workplace smoking)-Carried over to 2010; HB1181 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB1243 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB2054 (tobacco free pharmacies)-Carried over to 2010; S813 (tobacco free pharmacies)-Bill reported favorably from the Joint Committee on Public Health Michigan: HB4100 (compliance)-Carried over to 2010; HB4419 (compliance)-Carried over to 2010; HB5284
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(workplace liability)-Carried over to 2010 Minnesota: HF1142 (psychiatric hospitals)-Carried over to 2010 New Hampshire: HB1541 (e-cigarettes at educational facilities)-Enrolled Bill Amendment #1745 Adopted New Jersey: A512 (state vehicles); S446 (housing) New York: S1234 (tobacco free pharmacies)-Referred to Health Committee; A05890 (tobacco free pharmacies)Referred to Health Committee; A06542 (public housing)-Referred to Health Committee; S03242 (playgrounds)-Notice Of Committee Consideration Requested; A08700 (housing)-Referred to Judiciary Committee Oklahoma: SB1674 (educational facilities)-Second Reading referred to Public Health in House; SB1826 (name change)-Second Reading referred to Rules; SB1984 (name change) Rhode Island: HB7012 (tobacco-free health care facilities); HB7153 (smoking bar restriction)-Committee recommended measure be held for further study; SB2204 (smoking bar restriction) South Carolina: S31 (schools)-Carried over to 2010; H4412 (reasonable distance) Legislation Enacted this Year D.C.: B18-0670 (special event exemption) -Signed by Mayor; B18-042-(reasonable distance)-Enacted Kansas: HB2221 (workplaces, restaurants and bars)-Signed by Governor Mississippi: SB2644 (youth recreation)-Signed by Governor Nebraska: LB861 (technical amendment)-Signed by Governor New Jersey: A4227/A4228 (e-cigarettes in public places)-Signed by Governor Oklahoma: HB2748 (educational facilities)-Signed by Governor Pennsylvania: SB711 (gaming exemption; preemption)-Signed by the Governor Utah : HB88 (e-cigarette restrictions)-Signed by Governor

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440.

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J
file:///C|/.../disc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%205710 html[8/19/2011 2:33:34 AM]

Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440. </ -You received this message because you are subscribed to the Google Groups "Smokefree-talk" group. To post to this group, send email to smokefree-talk@googlegroups.com. To unsubscribe from this group, send email to smokefree-talk+unsubscribe@googlegroups.com. For more options, visit this group at http://groups.google.com/group/smokefree-talk?hl=en.

file:///C|/.../disc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%205710 html[8/19/2011 2:33:34 AM]

From:                             smokefree-talk@googlegroups.com on behalf of Liz Williams <liz.williams@no-smoke.org> Sent:                              Friday, June 11, 2010 7:21 PM To:                                  smokefree-talk@googlegroups.com Subject:                         [Smokefree-Talk] Preemption Watch Bill Tracking Summary: 6/11/10 Preemption Watch Weekly Bill Tracking Summary of U.S. State Bills www.protectlocalcontrol.org June 11, 2010 ANR tracks pending legislation relating to states' smokefree air policies as part of the continued fight to prevent preemptive legislation before it can be passed and to overturn preemption in states where it is already in place. Since even a strong bill can become preemptive at any point in the legislative process, it is very important to track even the best bills throughout the entire legislative session and keep a watchful eye out for all attempts to remove local control. In 2010, consider setting up a Preemption Strike Force to help combat tobacco industry legislative tricks by allowing for quick and easy communication among proponents of local control. Learn how at http://www.nosmoke.org/pdf/preemptionstrikeforce.pdf. Legislative sessions have ended in: Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Minnesota, Missouri, Mississippi, Nebraska, New Hampshire, New Mexico, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia and Wyoming. Also, 2010 sessions are not held in Montana, Nevada, North Dakota, Oregon, and Texas. Below is a listing of state bills that have been introduced in state legislatures. Please visit the www.protectlocalcontrol.org and click on the state of your choice to view the summary, text, and status of pending bills. Please email ANR with any new information regarding pending legislation and preemption attempts in your state and we will analyze and summarize the legislation. The new and pending legislative bills are classified below into seven categories to clearly delineate which bills will protect public health and should be supported from those that should be opposed because they do not effectively protect public health, weaken a strong law, or intend to preempt local control. New bills and changes in bill status since the last update appear in bold. Strong: Bill includes 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; strengthens existing smokefree laws; or repeals preemption. Weak: Bill includes ventilation, smoking rooms, or other key exemptions. Weakens: Bill weakens a current strong 100% smokefree law. Preemptive: Bill contains preemptive language that removes the right to local control. Vehicles: Bill addresses smoking in vehicles with children present. Outdoor: Bill primarily addresses smoking in outdoor locations. Other: Bills contain other provisions and should be watched. · The following states have strong bills that include 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; OR repeals preemption:

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Louisiana: SB348 (bars and gaming)-Involuntarily deferred in committee Michigan: HB4099 (workplaces and restaurants)-Carried over to 2010; SB79 (workplaces, restaurants and bars)Carried over to 2010; SB114 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4196 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4341 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB5077 (preemption repeal)-Carried over to 2010; HB5283 (workplaces, restaurants and bars)-Carried over to 2010 New Hampshire: HB1475 (workplaces and public places)-Session Adjourned New Jersey: A1062 (casinos); S423 (casinos) New York: S03388 (tribal gaming)-Referred to Investigations and Government Operations Committee Pennsylvania: HB58 (preemption repeal)-Re-committed to House Appropriations Committee; SB113 (restaurants and bars; preemption repeal)-Carried over to 2010; HB1245 (bars; preemption repeal)-Carried over to 2010; SB898 (partial preemption repeal)-Carried over to 2010 Tennessee: HB0017/SB1799 (restaurants and bars)-Carried over to 2010 · The following states have weak bills that include ventilation, smoking rooms, size exemptions, or other major faults or exemptions: Louisiana: SB334 (strengthens bars and weakens restaurants)-Amended and reconsideration of vote set on Senate Floor; HB1323 (gaming)-Involuntarily deferred in committee Michigan: HB4752 (trigger with tribal gaming)-Carried over to 2010; SB469 (ballot requirement)-Carried over to 2010; HB5535 (tax credit)-Carried over to 2010; HB5637 (smoking areas)-Carried over to 2010 Tennessee: SB431 (signage)-Session Adjourned · The following states have bills that create exemptions that weaken a current strong law: D.C.: B18-0084 (exemption) Illinois: HB1145 (smoking licenses)-Carried over to 2010; SB1836 (theatrical exemption)-Carried over to 2010; HB6158 (religious exemption)-Rule 19(a) / Re-referred to Rules Committee Michigan: HB5803 (smoking room exemption) New Jersey: A461 (tobacco business exemption); S2001/A2897 (gaming exemption) Ohio : SB120 (cigar bar and family bar exemption)-Carried over to 2010 Pennsylvania: HB1146 (fire company exemption)-Carried over to 2010; HB1147 (church exemption)-Carried over to 2010 Tennessee: HB0163/SB0863 (age restriction)-Session Adjourned; HB441/SB412 (age restriction)-Session Adjourned · The following states have preemptive bills: Massachusetts: HB2176 (preemptive exemptions)-Carried over to 2010 New York: A08982 (retail tobacco shop exemption and preemption)-Referred to Economic Development Committee; S06179 (retail tobacco store exemption and preemption)-Advanced to 3rd Reading · The following states have bills that address smoking in vehicles when children are present: Illinois: HB889 (vehicles with minors)-Rule 19(a) / Re-referred to Rules Committee Massachusetts: HB3233 (vehicles with minors)-Carried over to 2010; HB3475 (vehicles with minors)-Carried over to 2010; SB1902 (vehicles with minors)-Carried over to 2010 New Jersey: A1591/S475 (vehicles with minors); A2814 (vehicles with minors) New York: A06288 (vehicles with minors)-Referred to Health Committee; A06714 (vehicles with minors)-Reported referred to codes; S03191 (vehicles with minors)-Amended and recommitted to Health Committee Ohio : SB135 (vehicles with minors)-Carried over to 2010 Pennsylvania: HB359 (vehicles with minors)-Carried over to 2010 Tennessee: SB0495 (vehicles with minors)-Session Adjourned; HB727/SB1550 (vehicles with minors)-Session Adjourned
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· The following states have bills primarily addressing smoking in outdoor locations: Massachusetts: HB2162 (reasonable distance)-Carried over to 2010 Michigan: SB906 (state capitol grounds)-Carried over to 2010 New Hampshire: HB1186 (parks)-Session Adjourned; HB1194 (beaches)-Session Adjourned New Jersey: S443 (outdoor public places)-On Hold; S684 (youth; outdoors); A2172/S669 (parks and beaches)-S669 on Hold; A1853 (state parks and beaches); S889 (state-owned beaches)-On Hold New York: A00577 (reasonable distance)-Referred to Health Committee; A01137 (playgrounds)-Passed Assembly and sent to Senate; A01837-(parks and beaches)-Referred to Health Committee; A07362 (reasonable distance)-Held for consideration in Health Committee; S05005 (playgrounds)-Referred to Health Committee; S07098 (transportation platforms); A10500 (transportation platforms)-Reported referred to codes Tennessee: SB3719/HB3748 (library grounds)-Session Adjourned · The following states have other provisions and should be watched: Illinois: HB3176 (technical amendment)-Carried over to 2010; SB851 (removes nursing home exemption)-Sent to the Governor; SB2314 (technical amendment)-Carried over to 2010; HB5524 (enforcement change)-Referred to Rules Committee; SB3591 (enforcement change)-Rule 2-10 Third Reading Deadline Established as May 7; SB3174 (electronic cigarettes)-Passed Senate, in House Rules Committee Massachusetts: HB1875 (workplace smoking)-Reported favorably by Joint Committee on Labor and Workforce Development and referred to the Joint Committee on Rules; HB1181 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB1243 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB2054 (tobacco free pharmacies)-Carried over to 2010; S813 (tobacco free pharmacies)-Bill reported favorably from the Joint Committee on Public Health Michigan: HB4100 (compliance)-Carried over to 2010; HB4419 (compliance)-Carried over to 2010; HB5284 (workplace liability)-Carried over to 2010 New Jersey: A512 (state vehicles); S446 (housing) New York: S1234 (tobacco free pharmacies)-Referred to Health Committee; A05890 (tobacco free pharmacies)Referred to Health Committee; A06542 (public housing)-Held for consideration in Housing Committee; S03242 (playgrounds)-Reported and Committed to Codes; A08700 (housing)-Referred to Judiciary Committee; A10837 (prisons) Rhode Island: HB7012 (tobacco-free health care facilities); HB7153 (smoking bar restriction)-Referred to Senate Finance; SB2204 (smoking bar restriction) Legislation Enacted this Year D.C.: B18-0670 (special event exemption) -Signed by Mayor; B18-042-(reasonable distance)-Enacted Kansas: HB2221 (workplaces, restaurants and bars)-Signed by Governor Mississippi: SB2644 (youth recreation)-Signed by Governor Nebraska: LB861 (technical amendment)-Signed by Governor New Hampshire: HB1541 (e-cigarettes at educational facilities)-Signed by Governor New Jersey: A4227/A4228 (e-cigarettes in public places)-Signed by Governor Oklahoma: HB2748 (educational facilities)-Signed by Governor; HB2774 (financial incentives)-Signed by Governor Pennsylvania: SB711 (gaming exemption; preemption)-Signed by the Governor U.S. Virgin Islands: Bill 28-0191 (workplaces, restaurants and bars)-Signed by Governor Utah : HB88 (e-cigarette restrictions)-Signed by Governor Wisconsin: AB720-SA1 (definition change)-Signed by Governor

file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2061110.html[8/19/2011 2:33:36 AM]

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440.

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440. </ -You received this message because you are subscribed to the Google Groups "Smokefree-talk" group. To post to this group, send email to smokefree-talk@googlegroups.com. To unsubscribe from this group, send email to smokefree-talk+unsubscribe@googlegroups.com. For more options, visit this group at http://groups.google.com/group/smokefree-talk?hl=en.

file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2061110.html[8/19/2011 2:33:36 AM]

From:                             smokefree-talk@googlegroups.com on behalf of Liz Williams <liz.williams@no-smoke.org> Sent:                              Friday, June 18, 2010 6:52 PM To:                                  smokefree-talk@googlegroups.com Subject:                         [Smokefree-Talk] Preemption Watch Bill Tracking Summary: 6/18/10 Preemption Watch Weekly Bill Tracking Summary of U.S. State Bills www.protectlocalcontrol.org June 18, 2010 ANR tracks pending legislation relating to states' smokefree air policies as part of the continued fight to prevent preemptive legislation before it can be passed and to overturn preemption in states where it is already in place. Since even a strong bill can become preemptive at any point in the legislative process, it is very important to track even the best bills throughout the entire legislative session and keep a watchful eye out for all attempts to remove local control. In 2010, consider setting up a Preemption Strike Force to help combat tobacco industry legislative tricks by allowing for quick and easy communication among proponents of local control. Learn how at http://www.nosmoke.org/pdf/preemptionstrikeforce.pdf. Legislative sessions have ended in: Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Minnesota, Missouri, Mississippi, Nebraska, New Hampshire, New Mexico, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia and Wyoming. Also, 2010 sessions are not held in Montana, Nevada, North Dakota, Oregon, and Texas. Below is a listing of state bills that have been introduced in state legislatures. Please visit the www.protectlocalcontrol.org and click on the state of your choice to view the summary, text, and status of pending bills. Please email ANR with any new information regarding pending legislation and preemption attempts in your state and we will analyze and summarize the legislation. The new and pending legislative bills are classified below into seven categories to clearly delineate which bills will protect public health and should be supported from those that should be opposed because they do not effectively protect public health, weaken a strong law, or intend to preempt local control. New bills and changes in bill status since the last update appear in bold. Strong: Bill includes 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; strengthens existing smokefree laws; or repeals preemption. Weak: Bill includes ventilation, smoking rooms, or other key exemptions. Weakens: Bill weakens a current strong 100% smokefree law. Preemptive: Bill contains preemptive language that removes the right to local control. Vehicles: Bill addresses smoking in vehicles with children present. Outdoor: Bill primarily addresses smoking in outdoor locations. Other: Bills contain other provisions and should be watched. · The following states have strong bills that include 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; OR repeals preemption:

file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2061810.html[8/19/2011 2:33:37 AM]

Louisiana: SB348 (bars and gaming)-Involuntarily deferred in committee Michigan: HB4099 (workplaces and restaurants)-Carried over to 2010; SB79 (workplaces, restaurants and bars)Carried over to 2010; SB114 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4196 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4341 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB5077 (preemption repeal)-Carried over to 2010; HB5283 (workplaces, restaurants and bars)-Carried over to 2010 New Jersey: A1062 (casinos); S423 (casinos) New York: S03388 (tribal gaming)-Referred to Investigations and Government Operations Committee Pennsylvania: HB58 (preemption repeal)-Re-committed to House Appropriations Committee; SB113 (restaurants and bars; preemption repeal)-Carried over to 2010; HB1245 (bars; preemption repeal)-Carried over to 2010; SB898 (partial preemption repeal)-Carried over to 2010 · The following states have weak bills that include ventilation, smoking rooms, size exemptions, or other major faults or exemptions: Louisiana: SB334 (strengthens bars and weakens restaurants)-Amended and reconsideration of vote set on Senate Floor; HB1323 (gaming)-Involuntarily deferred in committee Michigan: HB4752 (trigger with tribal gaming)-Carried over to 2010; SB469 (ballot requirement)-Carried over to 2010; HB5535 (tax credit)-Carried over to 2010; HB5637 (smoking areas)-Carried over to 2010 · The following states have bills that create exemptions that weaken a current strong law: D.C.: B18-0084 (exemption) Illinois: HB1145 (smoking licenses)-Carried over to 2010; SB1836 (theatrical exemption)-Carried over to 2010; HB6158 (religious exemption)-Rule 19(a) / Re-referred to Rules Committee Michigan: HB5803 (smoking room exemption) New Jersey: A461 (tobacco business exemption); S2001/A2897 (gaming exemption) Ohio : SB120 (cigar bar and family bar exemption)-Carried over to 2010 Pennsylvania: HB1146 (fire company exemption)-Carried over to 2010; HB1147 (church exemption)-Carried over to 2010 · The following states have preemptive bills: Massachusetts: HB2176 (preemptive exemptions)-Included in HB4755 to allow the Committee on Public Health to study this and other related bills New York: A08982 (retail tobacco shop exemption and preemption)-Referred to Economic Development Committee; S06179 (retail tobacco store exemption and preemption)-Advanced to 3rd Reading · The following states have bills that address smoking in vehicles when children are present: Illinois: HB889 (vehicles with minors)-Rule 19(a) / Re-referred to Rules Committee Massachusetts: HB3233 (vehicles with minors)-Carried over to 2010; HB3475 (vehicles with minors)-Carried over to 2010; SB1902 (vehicles with minors)-Carried over to 2010 New Jersey: A1591/S475 (vehicles with minors); A2814 (vehicles with minors) New York: A06288 (vehicles with minors)-Referred to Health Committee; A06714 (vehicles with minors)-Reported referred to rules; S03191 (vehicles with minors)-Amended and recommitted to Health Committee Ohio : SB135 (vehicles with minors)-Carried over to 2010 Pennsylvania: HB359 (vehicles with minors)-Carried over to 2010 · The following states have bills primarily addressing smoking in outdoor locations: Massachusetts: HB2162 (reasonable distance)-Included in HB4755 to allow the Committee on Public Health to study this and other related bills Michigan : SB906 (state capitol grounds)-Carried over to 2010
file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2061810.html[8/19/2011 2:33:37 AM]

New Jersey: S443 (outdoor public places)-On Hold; S684 (youth; outdoors); A2172/S669 (parks and beaches)-S669 on Hold; A1853 (state parks and beaches); S889 (state-owned beaches)-On Hold New York: A00577 (reasonable distance)-Referred to Health Committee; A01137 (playgrounds)-Passed Assembly and sent to Senate; A01837-(parks and beaches)-Referred to Health Committee; A07362 (reasonable distance)-Held for consideration in Health Committee; S05005 (playgrounds)-Referred to Health Committee; S07098 (transportation platforms)-Amended and Recommitted to Health; A10500 (transportation platforms)-Amended and recommitted to codes · The following states have other provisions and should be watched: Illinois: HB3176 (technical amendment)-Carried over to 2010; SB851 (removes nursing home exemption)-Sent to the Governor; SB2314 (technical amendment)-Carried over to 2010; HB5524 (enforcement change)-Referred to Rules Committee; SB3591 (enforcement change)-Rule 2-10 Third Reading Deadline Established as May 7; SB3174 (electronic cigarettes)-Passed Senate, in House Rules Committee Massachusetts: HB1875 (workplace smoking)-Included in HB4746 to allow the Committee on Labor and Workforce Development to study this and other related bills; recommitted to the Committee on Labor and Workforce Development; HB1181 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB1243 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB2054 (tobacco free pharmacies)-Carried over to 2010; S813 (tobacco free pharmacies)-Bill reported favorably from the Joint Committee on Public Health Michigan: HB4100 (compliance)-Carried over to 2010; HB4419 (compliance)-Carried over to 2010; HB5284 (workplace liability)-Carried over to 2010 New Jersey: A512 (state vehicles); S446 (housing) New York: S1234 (tobacco free pharmacies)-Referred to Health Committee; A05890 (tobacco free pharmacies)Referred to Health Committee; A06542 (public housing)-Held for consideration in Housing Committee; S03242 (playgrounds)-Reported and Committed to Codes; A08700 (housing)-Referred to Judiciary Committee; A10837 (prisons) Rhode Island: HB7012 (tobacco-free health care facilities)-Session Adjourned; HB7153 (smoking bar restriction)Session Adjourned; SB2204 (smoking bar restriction)-Session Adjourned Legislation Enacted this Year D.C.: B18-0670 (special event exemption) -Signed by Mayor; B18-042-(reasonable distance)-Enacted Kansas: HB2221 (workplaces, restaurants and bars)-Signed by Governor Mississippi: SB2644 (youth recreation)-Signed by Governor Nebraska: LB861 (technical amendment)-Signed by Governor New Hampshire: HB1541 (e-cigarettes at educational facilities)-Signed by Governor New Jersey: A4227/A4228 (e-cigarettes in public places)-Signed by Governor Oklahoma: HB2748 (educational facilities)-Signed by Governor; HB2774 (financial incentives)-Signed by Governor Pennsylvania: SB711 (gaming exemption; preemption)-Signed by the Governor U.S. Virgin Islands: Bill 28-0191 (workplaces, restaurants and bars)-Signed by Governor Utah : HB88 (e-cigarette restrictions)-Signed by Governor Wisconsin: AB720-SA1 (definition change)-Signed by Governor

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702

file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2061810.html[8/19/2011 2:33:37 AM]

Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440.

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440. </ -You received this message because you are subscribed to the Google Groups "Smokefree-talk" group. To post to this group, send email to smokefree-talk@googlegroups.com. To unsubscribe from this group, send email to smokefree-talk+unsubscribe@googlegroups.com. For more options, visit this group at http://groups.google.com/group/smokefree-talk?hl=en.

file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2061810.html[8/19/2011 2:33:37 AM]

From:                             smokefree-talk@googlegroups.com on behalf of Liz Williams <liz.williams@no-smoke.org> Sent:                              Friday, June 25, 2010 9:00 PM To:                                  smokefree-talk@googlegroups.com Subject:                         [Smokefree-Talk] Preemption Watch Bill Tracking Summary: 6/25/10 Preemption Watch Weekly Bill Tracking Summary of U.S. State Bills www.protectlocalcontrol.org June 25, 2010 ANR tracks pending legislation relating to states' smokefree air policies as part of the continued fight to prevent preemptive legislation before it can be passed and to overturn preemption in states where it is already in place. Since even a strong bill can become preemptive at any point in the legislative process, it is very important to track even the best bills throughout the entire legislative session and keep a watchful eye out for all attempts to remove local control. In 2010, consider setting up a Preemption Strike Force to help combat tobacco industry legislative tricks by allowing for quick and easy communication among proponents of local control. Learn how at http://www.nosmoke.org/pdf/preemptionstrikeforce.pdf. Legislative sessions have ended in: Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Minnesota, Missouri, Mississippi, Nebraska, New Hampshire, New Mexico, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia and Wyoming. Also, 2010 sessions are not held in Montana, Nevada, North Dakota, Oregon, and Texas. Below is a listing of state bills that have been introduced in state legislatures. Please visit the www.protectlocalcontrol.org and click on the state of your choice to view the summary, text, and status of pending bills. Please email ANR with any new information regarding pending legislation and preemption attempts in your state and we will analyze and summarize the legislation. The new and pending legislative bills are classified below into seven categories to clearly delineate which bills will protect public health and should be supported from those that should be opposed because they do not effectively protect public health, weaken a strong law, or intend to preempt local control. New bills and changes in bill status since the last update appear in bold. Strong: Bill includes 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; strengthens existing smokefree laws; or repeals preemption. Weak: Bill includes ventilation, smoking rooms, or other key exemptions. Weakens: Bill weakens a current strong 100% smokefree law. Preemptive: Bill contains preemptive language that removes the right to local control. Vehicles: Bill addresses smoking in vehicles with children present. Outdoor: Bill primarily addresses smoking in outdoor locations. Other: Bills contain other provisions and should be watched. · The following states have strong bills that include 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; OR repeals preemption:

file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2062510.html[8/19/2011 2:33:38 AM]

Louisiana: SB348 (bars and gaming)-Session Adjourned Massachusetts: SB2495 (smokefree casinos amendment)-Amendment approved Michigan : HB4099 (workplaces and restaurants)-Carried over to 2010; SB79 (workplaces, restaurants and bars)Carried over to 2010; SB114 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4196 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4341 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB5077 (preemption repeal)-Carried over to 2010; HB5283 (workplaces, restaurants and bars)-Carried over to 2010 New Jersey: A1062 (casinos); S423 (casinos) New York: S03388 (tribal gaming)-Referred to Investigations and Government Operations Committee Pennsylvania: HB58 (preemption repeal)-Re-committed to House Appropriations Committee; SB113 (restaurants and bars; preemption repeal)-Carried over to 2010; HB1245 (bars; preemption repeal)-Carried over to 2010; SB898 (partial preemption repeal)-Carried over to 2010 · The following states have weak bills that include ventilation, smoking rooms, size exemptions, or other major faults or exemptions: Louisiana: SB334 (strengthens bars and weakens restaurants)-Session Adjourned; HB1323 (gaming)-Session Adjourned Michigan : HB4752 (trigger with tribal gaming)-Carried over to 2010; SB469 (ballot requirement)-Carried over to 2010; HB5535 (tax credit)-Carried over to 2010; HB5637 (smoking areas)-Carried over to 2010 · The following states have bills that create exemptions that weaken a current strong law: D.C.: B18-0084 (exemption) Illinois: HB1145 (smoking licenses)-Carried over to 2010; SB1836 (theatrical exemption)-Carried over to 2010; HB6158 (religious exemption)-Rule 19(a) / Re-referred to Rules Committee Michigan: HB5803 (smoking room exemption) New Jersey: A461 (tobacco business exemption); S2001/A2897 (gaming exemption) Ohio : SB120 (cigar bar and family bar exemption)-Carried over to 2010; HB6280 (veterans' organizations exemption) Pennsylvania: HB1146 (fire company exemption)-Carried over to 2010; HB1147 (church exemption)-Carried over to 2010 · The following states have preemptive bills: Massachusetts: HB2176 (preemptive exemptions)-Included in HB4755 to allow the Committee on Public Health to study this and other related bills; HB4800 (preemption of bars)-Sent to Governor New York: A08982 (retail tobacco shop exemption and preemption)-Referred to Economic Development Committee; S06179 (retail tobacco store exemption and preemption)-Advanced to 3rd Reading · The following states have bills that address smoking in vehicles when children are present: Illinois: HB889 (vehicles with minors)-Rule 19(a) / Re-referred to Rules Committee Massachusetts: HB3233 (vehicles with minors)-Carried over to 2010; HB3475 (vehicles with minors)-Carried over to 2010; SB1902 (vehicles with minors)-Carried over to 2010 New Jersey: A1591/S475 (vehicles with minors); A2814 (vehicles with minors) New York: A06288 (vehicles with minors)-Referred to Health Committee; A06714 (vehicles with minors)-Ordered to third reading in Rules Committee; S03191 (vehicles with minors)-Amended and recommitted to Health Committee Ohio: SB135 (vehicles with minors)-Carried over to 2010 Pennsylvania: HB359 (vehicles with minors)-Carried over to 2010 · The following states have bills primarily addressing smoking in outdoor locations:
file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2062510.html[8/19/2011 2:33:38 AM]

Massachusetts: HB2162 (reasonable distance)-Included in HB4755 to allow the Committee on Public Health to study this and other related bills Michigan: SB906 (state capitol grounds)-Carried over to 2010 New Jersey: S443 (outdoor public places)-On Hold; S684 (youth; outdoors); A2172/S669 (parks and beaches)-S669 on Hold; A1853 (state parks and beaches); S889 (state-owned beaches)-On Hold New York: A00577 (reasonable distance)-Referred to Health Committee; A01137 (playgrounds)-Passed Assembly and sent to Senate; A01837-(parks and beaches)-Referred to Health Committee; A07362 (reasonable distance)-Held for consideration in Health Committee; S05005 (playgrounds)-Referred to Health Committee; S07098 (transportation platforms)-Amended and Recommitted to Health; A10500 (transportation platforms)-Amended and recommitted to codes · The following states have other provisions and should be watched: Illinois: HB3176 (technical amendment)-Carried over to 2010; SB851 (removes nursing home exemption)-Sent to the Governor; SB2314 (technical amendment)-Carried over to 2010; HB5524 (enforcement change)-Referred to Rules Committee; SB3591 (enforcement change)-Rule 2-10 Third Reading Deadline Established as May 7; SB3174 (electronic cigarettes)-Passed Senate, in House Rules Committee Massachusetts: HB1875 (workplace smoking)-Included in HB4746 to allow the Com. on Labor and Workforce Development to study this and other related bills; recommitted to the Committee on Labor and Workforce Development; HB1181 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB1243 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB2054 (tobacco free pharmacies)-Carried over to 2010; S813 (tobacco free pharmacies)-Bill reported favorably from the Joint Committee on Public Health Michigan: HB4100 (compliance)-Carried over to 2010; HB4419 (compliance)-Carried over to 2010; HB5284 (workplace liability)-Carried over to 2010 New Jersey: A512 (state vehicles); S446 (housing) New York: S1234 (tobacco free pharmacies)-Referred to Health Committee; A05890 (tobacco free pharmacies)Referred to Health Committee; A06542 (public housing)-Held for consideration in Housing Committee; S03242 (playgrounds)-Reported and Committed to Codes; A08700 (housing)-Referred to Judiciary Committee; A10837 (prisons) Legislation Enacted this Year D.C.: B18-0670 (special event exemption) -Signed by Mayor; B18-042-(reasonable distance)-Enacted Kansas: HB2221 (workplaces, restaurants and bars)-Signed by Governor Mississippi: SB2644 (youth recreation)-Signed by Governor Nebraska: LB861 (technical amendment)-Signed by Governor New Hampshire: HB1541 (e-cigarettes at educational facilities)-Signed by Governor New Jersey: A4227/A4228 (e-cigarettes in public places)-Signed by Governor Oklahoma: HB2748 (educational facilities)-Signed by Governor; HB2774 (financial incentives)-Signed by Governor Pennsylvania: SB711 (gaming exemption; preemption)-Signed by the Governor U.S. Virgin Islands: Bill 28-0191 (workplaces, restaurants and bars)-Signed by Governor Utah : HB88 (e-cigarette restrictions)-Signed by Governor Wisconsin: AB720-SA1 (definition change)-Signed by Governor Summaries of all NEW bills are listed below: (All other pending bill summaries are on individual state pages on www.protectlocalcontrol.org) Massachusetts SB2495-(smokefree casinos amendment)-An Act Legalizing Gaming-Amendment approved
file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2062510.html[8/19/2011 2:33:38 AM]

http://www.mass.gov/legis/senate/s2495_amendments.htm http://www.mass.gov/legis/186history/s02495.htm Amendment #21 to the casino legalization bill removes the provision allowing smoking in 25% of casinos, and requires the casinos to be smokefree. The amendment will unfortunately be challenged and voted on again. Preemptive: No Anti-Preemption Clause: No HB4800-(preemption of bars)-An Act making appropriations for the fiscal year 2011-Sent to Governor http://www.mass.gov/legis/bills/house/186/ht04pdf/ht04800.pdf http://www.mass.gov/legis/186history/h04800.htm This bill is preemptive and prohibits local Boards of Health from making smoking bars smokefree by saying they cannot "unreasonably" restrict smoking in theses facilities. Preemptive: YES Anti-Preemption Clause: No Michigan HB6280-(veterans' organizations exemption)-A bill to amend public health code http://www.legislature.mi.gov/documents/2009-2010/billintroduced/House/pdf/2010-HIB-6280.pdf http://www.legislature.mi.gov/%28S%28wwznthr2uz0dq345w0fj3fub%29%29/mileg.aspx? page=getobject&objectname=2010-HB-6280 This bill creates an exemption in the state law to allow smoking in veterans' organizations, and reiterates that smoking is allowed in cigar bars. Preemptive: No Anti-Preemption Clause: No

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440.

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation

file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2062510.html[8/19/2011 2:33:38 AM]

2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440. </ -You received this message because you are subscribed to the Google Groups "Smokefree-talk" group. To post to this group, send email to smokefree-talk@googlegroups.com. To unsubscribe from this group, send email to smokefree-talk+unsubscribe@googlegroups.com. For more options, visit this group at http://groups.google.com/group/smokefree-talk?hl=en.

file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2062510.html[8/19/2011 2:33:38 AM]

From:                             smokefree-talk@googlegroups.com on behalf of Liz Williams <liz.williams@no-smoke.org> Sent:                              Friday, June 04, 2010 7:18 PM To:                                  smokefree-talk@googlegroups.com Subject:                         [Smokefree-Talk] Preemption Watch Bill Tracking Summary: 6/4/10 Preemption Watch Weekly Bill Tracking Summary of U.S. State Bills www.protectlocalcontrol.org June 4, 2010 ANR tracks pending legislation relating to states' smokefree air policies as part of the continued fight to prevent preemptive legislation before it can be passed and to overturn preemption in states where it is already in place. Since even a strong bill can become preemptive at any point in the legislative process, it is very important to track even the best bills throughout the entire legislative session and keep a watchful eye out for all attempts to remove local control. In 2010, consider setting up a Preemption Strike Force to help combat tobacco industry legislative tricks by allowing for quick and easy communication among proponents of local control. Learn how at http://www.nosmoke.org/pdf/preemptionstrikeforce.pdf. Legislative sessions have ended in: Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Minnesota, Missouri, Mississippi, Nebraska, New Mexico, Oklahoma, South Carolina, South Dakota, Utah, Vermont, Virginia, Washington, West Virginia and Wyoming. Also, 2010 sessions are not held in Montana, Nevada, North Dakota, Oregon, and Texas. Below is a listing of state bills that have been introduced in state legislatures. Please visit the www.protectlocalcontrol.org and click on the state of your choice to view the summary, text, and status of pending bills. Please email ANR with any new information regarding pending legislation and preemption attempts in your state and we will analyze and summarize the legislation. The new and pending legislative bills are classified below into seven categories to clearly delineate which bills will protect public health and should be supported from those that should be opposed because they do not effectively protect public health, weaken a strong law, or intend to preempt local control. New bills and changes in bill status since the last update appear in bold. Strong: Bill includes 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; strengthens existing smokefree laws; or repeals preemption. Weak: Bill includes ventilation, smoking rooms, or other key exemptions. Weakens: Bill weakens a current strong 100% smokefree law. Preemptive: Bill contains preemptive language that removes the right to local control. Vehicles: Bill addresses smoking in vehicles with children present. Outdoor: Bill primarily addresses smoking in outdoor locations. Other: Bills contain other provisions and should be watched. · The following states have strong bills that include 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; OR repeals preemption: Louisiana: SB348 (bars and gaming)-Involuntarily deferred in committee
file:///C|/.../disc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%206410 html[8/19/2011 2:33:39 AM]

Michigan: HB4099 (workplaces and restaurants)-Carried over to 2010; SB79 (workplaces, restaurants and bars)Carried over to 2010; SB114 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4196 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4341 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB5077 (preemption repeal)-Carried over to 2010; HB5283 (workplaces, restaurants and bars)-Carried over to 2010 New Jersey: A1062 (casinos); S423 (casinos) New York: S03388 (tribal gaming)-Referred to Investigations and Government Operations Committee Pennsylvania: HB58 (preemption repeal)-Re-committed to House Appropriations Committee; SB113 (restaurants and bars; preemption repeal)-Carried over to 2010; HB1245 (bars; preemption repeal)-Carried over to 2010; SB898 (partial preemption repeal)-Carried over to 2010 Tennessee: HB0017/SB1799 (restaurants and bars)-Carried over to 2010 · The following states have weak bills that include ventilation, smoking rooms, size exemptions, or other major faults or exemptions: Louisiana: SB334 (strengthens bars and weakens restaurants)-Amended and reconsideration of vote set on Senate Floor; HB1323 (gaming)-Involuntarily deferred in committee Michigan: HB4752 (trigger with tribal gaming)-Carried over to 2010; SB469 (ballot requirement)-Carried over to 2010; HB5535 (tax credit)-Carried over to 2010; HB5637 (smoking areas)-Carried over to 2010 South Carolina: H3091 (restaurants and bars)-Session Adjourned; H3113 (restaurants and bars)-Session Adjourned; H3523 (workplaces)-Session Adjourned; S38 (restaurants and bars)-Session Adjourned Tennessee: SB431 (signage) · The following states have bills that create exemptions that weaken a current strong law: D.C.: B18-0084 (exemption) Illinois: HB1145 (smoking licenses)-Carried over to 2010; SB1836 (theatrical exemption)-Carried over to 2010; HB6158 (religious exemption)-Rule 19(a) / Re-referred to Rules Committee Michigan: HB5803 (smoking room exemption) New Jersey: A461 (tobacco business exemption); S2001 (gaming exemption) Ohio : SB120 (cigar bar and family bar exemption)-Carried over to 2010 Pennsylvania: HB1146 (fire company exemption)-Carried over to 2010; HB1147 (church exemption)-Carried over to 2010 Tennessee: HB0163/SB0863 (age restriction)-HB0163 Failed for Lack of Motion; HB441/SB412 (age restriction)Carried over to 2010 · The following states have preemptive bills: Massachusetts: HB2176 (preemptive exemptions)-Carried over to 2010 New York: A08982 (retail tobacco shop exemption and preemption)-Referred to Economic Development Committee; S06179 (retail tobacco store exemption and preemption)-Advanced to 3rd Reading · The following states have bills that address smoking in vehicles when children are present: Illinois: HB889 (vehicles with minors)-Rule 19(a) / Re-referred to Rules Committee Massachusetts: HB3233 (vehicles with minors)-Carried over to 2010; HB3475 (vehicles with minors)-Carried over to 2010; SB1902 (vehicles with minors)-Carried over to 2010 New Jersey: A1591/S475 (vehicles with minors); A2814 (vehicles with minors) New York: A06288 (vehicles with minors)-Referred to Health Committee; A06714 (vehicles with minors)-Reported referred to codes; S03191 (vehicles with minors)-Amended and recommitted to Health Committee Ohio : SB135 (vehicles with minors)-Carried over to 2010 Pennsylvania: HB359 (vehicles with minors)-Carried over to 2010 South Carolina: H3023 (vehicles with minors)-Session Adjourned; H3082 (vehicles with minors)-Session Adjourned; H3317 (vehicles with minors)-Session Adjourned; H3445 (vehicles with minors)-Session Adjourned;
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S23 (vehicles with minors)-Session Adjourned Tennessee: SB0495 (vehicles with minors)-Carried over to 2010; HB727/SB1550 (vehicles with minors)-Carried over to 2010 · The following states have bills primarily addressing smoking in outdoor locations: Massachusetts: HB2162 (reasonable distance)-Carried over to 2010 Michigan: SB906 (state capitol grounds)-Carried over to 2010 New Hampshire: HB1186 (parks)-Interim Study - Subcommittee Work Session: 5/17; HB1194 (beaches)-Interim Study - Subcommittee Work Session: 5/17 New Jersey: S443 (outdoor public places)-On Hold; S684 (youth; outdoors); A2172/S669 (parks and beaches)-S669 on Hold; A1853 (state parks and beaches); S889 (state-owned beaches)-On Hold New York: A00577 (reasonable distance)-Referred to Health Committee; A01137 (playgrounds)-Passed Assembly and sent to Senate; A01837-(parks and beaches)-Referred to Health Committee; A07362 (reasonable distance)-Held for consideration in Health Committee; S05005 (playgrounds)-Referred to Health Committee; S07098 (transportation platforms); A10500 (transportation platforms)-Reported referred to codes Tennessee: SB3719/HB3748 (library grounds)-SB3719 passed Senate · The following states have other provisions and should be watched: Illinois: HB3176 (technical amendment)-Carried over to 2010; SB851 (removes nursing home exemption)-Sent to the Governor; SB2314 (technical amendment)-Carried over to 2010; HB5524 (enforcement change)-Referred to Rules Committee; SB3591 (enforcement change)-Rule 2-10 Third Reading Deadline Established as May 7; SB3174 (electronic cigarettes)-Passed Senate, in House Rules Committee Massachusetts: HB1875 (workplace smoking)-Carried over to 2010; HB1181 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB1243 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB2054 (tobacco free pharmacies)-Carried over to 2010; S813 (tobacco free pharmacies)-Bill reported favorably from the Joint Committee on Public Health Michigan: HB4100 (compliance)-Carried over to 2010; HB4419 (compliance)-Carried over to 2010; HB5284 (workplace liability)-Carried over to 2010 New Hampshire: HB1541 (e-cigarettes at educational facilities)-Signed by Governor New Jersey: A512 (state vehicles); S446 (housing) New York: S1234 (tobacco free pharmacies)-Referred to Health Committee; A05890 (tobacco free pharmacies)Referred to Health Committee; A06542 (public housing)-Held for consideration in Housing Committee; S03242 (playgrounds)-Reported and Committed to Codes; A08700 (housing)-Referred to Judiciary Committee; A10837 (prisons) Rhode Island: HB7012 (tobacco-free health care facilities); HB7153 (smoking bar restriction)-Committee recommended measure be held for further study; SB2204 (smoking bar restriction) South Carolina: S31 (schools)-Session Adjourned; H4412 (reasonable distance)-Session Adjourned

Legislation Enacted this Year D.C.: B18-0670 (special event exemption) -Signed by Mayor; B18-042-(reasonable distance)-Enacted Kansas: HB2221 (workplaces, restaurants and bars)-Signed by Governor Mississippi: SB2644 (youth recreation)-Signed by Governor Nebraska: LB861 (technical amendment)-Signed by Governor New Hampshire: HB1541 (e-cigarettes at educational facilities)-Signed by Governor New Jersey: A4227/A4228 (e-cigarettes in public places)-Signed by Governor Oklahoma: HB2748 (educational facilities)-Signed by Governor; HB2774 (financial incentives)-Signed by Governor Pennsylvania: SB711 (gaming exemption; preemption)-Signed by the Governor U.S. Virgin Islands: Bill 28-0191 (workplaces, restaurants and bars)-Signed by Governor Utah : HB88 (e-cigarette restrictions)-Signed by Governor
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Wisconsin: AB720-SA1 (definition change)-Signed by Governor

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440.

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440. </ -You received this message because you are subscribed to the Google Groups "Smokefree-talk" group. To post to this group, send email to smokefree-talk@googlegroups.com. To unsubscribe from this group, send email to smokefree-talk+unsubscribe@googlegroups.com. For more options, visit this group at http://groups.google.com/group/smokefree-talk?hl=en.

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From:                             smokefree-talk@googlegroups.com on behalf of Liz Williams <liz.williams@no-smoke.org> Sent:                              Friday, July 16, 2010 8:24 PM To:                                  smokefree-talk@googlegroups.com Subject:                         [Smokefree-Talk] Preemption Watch Bill Tracking Summary: 7/16/10 Preemption Watch Weekly Bill Tracking Summary of U.S. State Bills www.protectlocalcontrol.org July 16, 2010 ANR tracks pending legislation relating to states' smokefree air policies as part of the continued fight to prevent preemptive legislation before it can be passed and to overturn preemption in states where it is already in place. Since even a strong bill can become preemptive at any point in the legislative process, it is very important to track even the best bills throughout the entire legislative session and keep a watchful eye out for all attempts to remove local control. In 2010, consider setting up a Preemption Strike Force to help combat tobacco industry legislative tricks by allowing for quick and easy communication among proponents of local control. Learn how at http://www.nosmoke.org/pdf/preemptionstrikeforce.pdf. Legislative sessions have ended in: Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Minnesota, Missouri, Mississippi, Nebraska, New Hampshire, New Mexico, North Carolina, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia and Wyoming. Also, 2010 sessions are not held in Montana, Nevada, North Dakota, Oregon, and Texas. Below is a listing of state bills that have been introduced in state legislatures. Please visit the www.protectlocalcontrol.org and click on the state of your choice to view the summary, text, and status of pending bills. Please email ANR with any new information regarding pending legislation and preemption attempts in your state and we will analyze and summarize the legislation. The new and pending legislative bills are classified below into seven categories to clearly delineate which bills will protect public health and should be supported from those that should be opposed because they do not effectively protect public health, weaken a strong law, or intend to preempt local control. New bills and changes in bill status since the last update appear in bold. Strong: Bill includes 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; strengthens existing smokefree laws; or repeals preemption. Weak: Bill includes ventilation, smoking rooms, or other key exemptions. Weakens: Bill weakens a current strong 100% smokefree law. Preemptive: Bill contains preemptive language that removes the right to local control. Vehicles: Bill addresses smoking in vehicles with children present. Outdoor: Bill primarily addresses smoking in outdoor locations. Other: Bills contain other provisions and should be watched. · The following states have strong bills that include 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; OR repeals preemption:

file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2071610.html[8/19/2011 2:33:40 AM]

Massachusetts: SB2495 (smokefree casinos amendment)-Amendment upheld Michigan : HB4099 (workplaces and restaurants)-Carried over to 2010; SB79 (workplaces, restaurants and bars)Carried over to 2010; SB114 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4196 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4341 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB5077 (preemption repeal)-Carried over to 2010; HB5283 (workplaces, restaurants and bars)-Carried over to 2010; SB1406 (casinos) New Jersey: A1062 (casinos); S423 (casinos) New York: S03388 (tribal gaming)-Referred to Investigations and Government Operations Committee Pennsylvania: HB58 (preemption repeal)-Re-committed to House Appropriations Committee; SB113 (restaurants and bars; preemption repeal)-Carried over to 2010; HB1245 (bars; preemption repeal)-Carried over to 2010; SB898 (partial preemption repeal)-Carried over to 2010 · The following states have weak bills that include ventilation, smoking rooms, size exemptions, or other major faults or exemptions: Michigan: HB4752 (trigger with tribal gaming)-Carried over to 2010; SB469 (ballot requirement)-Carried over to 2010; HB5535 (tax credit)-Carried over to 2010; HB5637 (smoking areas)-Carried over to 2010 · The following states have bills that create exemptions that weaken a current strong law: D.C.: B18-0084 (exemption) Illinois: HB1145 (smoking licenses)-Carried over to 2010; SB1836 (theatrical exemption)-Carried over to 2010; HB6158 (religious exemption)-Rule 19(a) / Re-referred to Rules Committee Michigan: HB5803 (smoking room exemption) New Jersey: A461 (tobacco business exemption); S2001/A2897 (gaming exemption) Ohio : SB120 (cigar bar and family bar exemption)-Carried over to 2010; HB6280 (veterans' organizations exemption) Pennsylvania: HB1146 (fire company exemption)-Carried over to 2010; HB1147 (church exemption)-Carried over to 2010 · The following states have preemptive bills: Massachusetts: HB2176 (preemptive exemptions)-Included in HB4755 to allow the Committee on Public Health to study this and other related bills; HB4800 (preemption of bars)-Vetoed by Governor New York: A08982 (retail tobacco shop exemption and preemption)-Referred to Economic Development Committee; S06179 (retail tobacco store exemption and preemption)-Advanced to 3rd Reading · The following states have bills that address smoking in vehicles when children are present: Illinois: HB889 (vehicles with minors)-Rule 19(a) / Re-referred to Rules Committee Massachusetts: HB3233 (vehicles with minors)-Carried over to 2010; HB3475 (vehicles with minors)-Carried over to 2010; SB1902 (vehicles with minors)-Carried over to 2010 New Jersey: A1591/S475 (vehicles with minors); A2814 (vehicles with minors) New York: A06288 (vehicles with minors)-Referred to Health Committee; A06714 (vehicles with minors)-Passed Assembly, Sent to Senate and amended as A6714B; S03191 (vehicles with minors)-Substituted by A6714B; S08386 (vehicles with minors) Ohio: SB135 (vehicles with minors)-Carried over to 2010 Pennsylvania: HB359 (vehicles with minors)-Carried over to 2010 · The following states have bills primarily addressing smoking in outdoor locations: Massachusetts: HB2162 (reasonable distance)-Included in HB4755 to allow the Committee on Public Health to study this and other related bills Michigan: SB906 (state capitol grounds)-Carried over to 2010 New Jersey: S443 (outdoor public places)-On Hold; S684 (youth; outdoors); A2172/S669 (parks and beaches)-S669
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on Hold; A1853 (state parks and beaches); S889 (state-owned beaches)-On Hold New York: A00577 (reasonable distance)-Referred to Health Committee; A01137 (playgrounds)-Passed Assembly and sent to Senate; A01837-(parks and beaches)-Referred to Health Committee; A07362 (reasonable distance)-Held for consideration in Health Committee; S05005 (playgrounds)-Referred to Health Committee; S07098 (transportation platforms)-Amended and Recommitted to Health; A10500 (transportation platforms)-Amended and recommitted to codes · The following states have other provisions and should be watched: Illinois: HB3176 (technical amendment)-Carried over to 2010; SB851 (removes nursing home exemption)-Sent to the Governor; SB2314 (technical amendment)-Carried over to 2010; HB5524 (enforcement change)-Referred to Rules Committee; SB3591 (enforcement change)-Rule 2-10 Third Reading Deadline Established as May 7; SB3174 (electronic cigarettes)-Passed Senate, in House Rules Committee Massachusetts: HB1875 (workplace smoking)-Included in HB4746 to allow the Com. on Labor and Workforce Development to study this and other related bills; recommitted to the Committee on Labor and Workforce Development; HB1181 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB1243 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB2054 (tobacco free pharmacies)-Carried over to 2010; S813 (tobacco free pharmacies)-Bill reported favorably from the Joint Committee on Public Health Michigan: HB4100 (compliance)-Carried over to 2010; HB4419 (compliance)-Carried over to 2010; HB5284 (workplace liability)-Carried over to 2010 New Jersey: A512 (state vehicles); S446 (housing) New York: S1234 (tobacco free pharmacies)-Referred to Health Committee; A05890 (tobacco free pharmacies)Referred to Health Committee; A06542 (public housing)-Held for consideration in Housing Committee; S03242 (playgrounds)-Reported and Committed to Codes; A08700 (housing)-Referred to Judiciary Committee; A10837 (prisons) Legislation Enacted this Year D.C.: B18-0670 (special event exemption) -Signed by Mayor; B18-042-(reasonable distance)-Enacted Kansas: HB2221 (workplaces, restaurants and bars)-Signed by Governor Mississippi: SB2644 (youth recreation)-Signed by Governor Nebraska: LB861 (technical amendment)-Signed by Governor New Hampshire: HB1541 (e-cigarettes at educational facilities)-Signed by Governor New Jersey: A4227/A4228 (e-cigarettes in public places)-Signed by Governor Oklahoma: HB2748 (educational facilities)-Signed by Governor; HB2774 (financial incentives)-Signed by Governor Pennsylvania: SB711 (gaming exemption; preemption)-Signed by the Governor U.S. Virgin Islands: Bill 28-0191 (workplaces, restaurants and bars)-Signed by Governor Utah : HB88 (e-cigarette restrictions)-Signed by Governor Wisconsin: AB720-SA1 (definition change)-Signed by Governor Summaries of all NEW bills are listed below: (All other pending bill summaries are on individual state pages on www.protectlocalcontrol.org) Michigan SB1406-(casinos)-A bill to amend public health code http://www.legislature.mi.gov/documents/2009-2010/billintroduced/Senate/pdf/2010-SIB-1406.pdf http://www.legislature.mi.gov/%28S%28jeuerqmdvhpptc55wluowcyt%29%29/mileg.aspx? page=getobject&objectname=2010-SB-1406 This bill would close the loopholes in the current state law to require that casinos be smokefree. Preemptive: No
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Anti-Preemption Clause: No New York S08386-(vehicles with minors)-An Act in relation to prohibiting smoking in vehicles in which there is a minor http://assembly.state.ny.us/leg/?default_fld=&bn=S08386&Text=Y http://assembly.state.ny.us/leg/?default_fld=&bn=S08386&Summary=Y&Actions=Y This bill prohibits smoking in vehicles in which there is a child under the age of 18 years. Preemptive: No Anti-Preemption Clause: No

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440.

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440.

file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2071610.html[8/19/2011 2:33:40 AM]

From:                             smokefree-talk@googlegroups.com on behalf of Liz Williams <liz.williams@no-smoke.org> Sent:                              Friday, July 23, 2010 8:17 PM To:                                  McCall, Deborah Subject:                         [Smokefree-Talk] Preemption Watch Bill Tracking Summary: 7/23/10 Preemption Watch Weekly Bill Tracking Summary of U.S. State Bills www.protectlocalcontrol.org July 23, 2010 ANR tracks pending legislation relating to states' smokefree air policies as part of the continued fight to prevent preemptive legislation before it can be passed and to overturn preemption in states where it is already in place. Since even a strong bill can become preemptive at any point in the legislative process, it is very important to track even the best bills throughout the entire legislative session and keep a watchful eye out for all attempts to remove local control. In 2010, consider setting up a Preemption Strike Force to help combat tobacco industry legislative tricks by allowing for quick and easy communication among proponents of local control. Learn how at http://www.nosmoke.org/pdf/preemptionstrikeforce.pdf. Legislative sessions have ended in: Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Minnesota, Missouri, Mississippi, Nebraska, New Hampshire, New Mexico, North Carolina, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia and Wyoming. Also, 2010 sessions are not held in Montana, Nevada, North Dakota, Oregon, and Texas. Below is a listing of state bills that have been introduced in state legislatures. Please visit the www.protectlocalcontrol.org and click on the state of your choice to view the summary, text, and status of pending bills. Please email ANR with any new information regarding pending legislation and preemption attempts in your state and we will analyze and summarize the legislation. The new and pending legislative bills are classified below into seven categories to clearly delineate which bills will protect public health and should be supported from those that should be opposed because they do not effectively protect public health, weaken a strong law, or intend to preempt local control. New bills and changes in bill status since the last update appear in bold. Strong: Bill includes 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; strengthens existing smokefree laws; or repeals preemption. Weak: Bill includes ventilation, smoking rooms, or other key exemptions. Weakens: Bill weakens a current strong 100% smokefree law. Preemptive: Bill contains preemptive language that removes the right to local control. Vehicles: Bill addresses smoking in vehicles with children present. Outdoor: Bill primarily addresses smoking in outdoor locations. Other: Bills contain other provisions and should be watched. · The following states have strong bills that include 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; OR repeals preemption:

file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2072310.html[8/19/2011 2:33:42 AM]

Massachusetts: SB2495 (smokefree casinos amendment)-Amendment upheld Michigan: HB4099 (workplaces and restaurants)-Carried over to 2010; SB79 (workplaces, restaurants and bars)Carried over to 2010; SB114 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4196 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4341 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB5077 (preemption repeal)-Carried over to 2010; HB5283 (workplaces, restaurants and bars)-Carried over to 2010; SB1406 (casinos) New Jersey: A1062 (casinos); S423 (casinos) New York: S03388 (tribal gaming)-Referred to Investigations and Government Operations Committee Pennsylvania: HB58 (preemption repeal)-Re-committed to House Appropriations Committee; SB113 (restaurants and bars; preemption repeal)-Carried over to 2010; HB1245 (bars; preemption repeal)-Carried over to 2010; SB898 (partial preemption repeal)-Carried over to 2010 · The following states have weak bills that include ventilation, smoking rooms, size exemptions, or other major faults or exemptions: Michigan: HB4752 (trigger with tribal gaming)-Carried over to 2010; SB469 (ballot requirement)-Carried over to 2010; HB5535 (tax credit)-Carried over to 2010; HB5637 (smoking areas)-Carried over to 2010 · The following states have bills that create exemptions that weaken a current strong law: D.C.: B18-0084 (exemption) Illinois: HB1145 (smoking licenses)-Carried over to 2010; SB1836 (theatrical exemption)-Carried over to 2010; HB6158 (religious exemption)-Rule 19(a) / Re-referred to Rules Committee Michigan: HB5803 (smoking room exemption) New Jersey: A461 (tobacco business exemption); S2001/A2897 (gaming exemption) Ohio : SB120 (cigar bar and family bar exemption)-Carried over to 2010; HB6280 (veterans' organizations exemption) Pennsylvania: HB1146 (fire company exemption)-Carried over to 2010; HB1147 (church exemption)-Carried over to 2010 · The following states have preemptive bills: Massachusetts: HB2176 (preemptive exemptions)-Included in HB4755 to allow the Committee on Public Health to study this and other related bills New York: A08982 (retail tobacco shop exemption and preemption)-Referred to Economic Development Committee; S06179 (retail tobacco store exemption and preemption)-Advanced to 3rd Reading · The following states have bills that address smoking in vehicles when children are present: Illinois: HB889 (vehicles with minors)-Rule 19(a) / Re-referred to Rules Committee Massachusetts: HB3233 (vehicles with minors)-Carried over to 2010; HB3475 (vehicles with minors)-Carried over to 2010; SB1902 (vehicles with minors)-Carried over to 2010 New Jersey: A1591/S475 (vehicles with minors); A2814 (vehicles with minors) New York: A06288 (vehicles with minors)-Referred to Health Committee; A06714 (vehicles with minors)-Passed Assembly, Sent to Senate and amended as A6714B; S03191 (vehicles with minors)-Substituted by A6714B; S08386 (vehicles with minors) Ohio : SB135 (vehicles with minors)-Carried over to 2010 Pennsylvania: HB359 (vehicles with minors)-Carried over to 2010 · The following states have bills primarily addressing smoking in outdoor locations: Massachusetts: HB2162 (reasonable distance)-Included in HB4755 to allow the Committee on Public Health to study this and other related bills Michigan: SB906 (state capitol grounds)-Carried over to 2010 New Jersey: S443 (outdoor public places)-On Hold; S684 (youth; outdoors); A2172/S669 (parks and beaches)-S669
file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2072310.html[8/19/2011 2:33:42 AM]

on Hold; A1853 (state parks and beaches); S889 (state-owned beaches)-On Hold New York: A00577 (reasonable distance)-Referred to Health Committee; A01137 (playgrounds)-Passed Assembly and sent to Senate; A01837-(parks and beaches)-Referred to Health Committee; A07362 (reasonable distance)-Held for consideration in Health Committee; S05005 (playgrounds)-Referred to Health Committee; S07098 (transportation platforms)-Amended and Recommitted to Health; A10500 (transportation platforms)-Amended and recommitted to codes · The following states have other provisions and should be watched: Illinois: HB3176 (technical amendment)-Carried over to 2010; SB851 (removes nursing home exemption)-Sent to the Governor; SB2314 (technical amendment)-Carried over to 2010; HB5524 (enforcement change)-Referred to Rules Committee; SB3591 (enforcement change)-Rule 2-10 Third Reading Deadline Established as May 7; SB3174 (electronic cigarettes)-Passed Senate, in House Rules Committee Massachusetts: HB1875 (workplace smoking)-Included in HB4746 to allow the Com. on Labor and Workforce Development to study this and other related bills; recommitted to the Committee on Labor and Workforce Development; HB1181 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB1243 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB2054 (tobacco free pharmacies)-Carried over to 2010; S813 (tobacco free pharmacies)-Bill reported favorably from the Joint Committee on Public Health Michigan: HB4100 (compliance)-Carried over to 2010; HB4419 (compliance)-Carried over to 2010; HB5284 (workplace liability)-Carried over to 2010 New Jersey: A512 (state vehicles); S446 (housing) New York: S1234 (tobacco free pharmacies)-Referred to Health Committee; A05890 (tobacco free pharmacies)Referred to Health Committee; A06542 (public housing)-Held for consideration in Housing Committee; S03242 (playgrounds)-Reported and Committed to Codes; A08700 (housing)-Referred to Judiciary Committee; A10837 (prisons) Legislation Enacted this Year D.C.: B18-0670 (special event exemption) -Signed by Mayor; B18-042-(reasonable distance)-Enacted Kansas: HB2221 (workplaces, restaurants and bars)-Signed by Governor Mississippi: SB2644 (youth recreation)-Signed by Governor Nebraska: LB861 (technical amendment)-Signed by Governor New Hampshire: HB1541 (e-cigarettes at educational facilities)-Signed by Governor New Jersey: A4227/A4228 (e-cigarettes in public places)-Signed by Governor Oklahoma: HB2748 (educational facilities)-Signed by Governor; HB2774 (financial incentives)-Signed by Governor Pennsylvania: SB711 (gaming exemption; preemption)-Signed by the Governor U.S. Virgin Islands: Bill 28-0191 (workplaces, restaurants and bars)-Signed by Governor Utah : HB88 (e-cigarette restrictions)-Signed by Governor Wisconsin: AB720-SA1 (definition change)-Signed by Governor

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071

file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2072310.html[8/19/2011 2:33:42 AM]

liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440.

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440. </ -You received this message because you are subscribed to the Google Groups "Smokefree-talk" group. To post to this group, send email to smokefree-talk@googlegroups.com. To unsubscribe from this group, send email to smokefree-talk+unsubscribe@googlegroups.com. For more options, visit this group at http://groups.google.com/group/smokefree-talk?hl=en.

file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2072310.html[8/19/2011 2:33:42 AM]

From:                             smokefree-talk@googlegroups.com on behalf of Liz Williams <liz.williams@no-smoke.org> Sent:                              Friday, August 13, 2010 7:33 PM To:                                  smokefree-talk@googlegroups.com Subject:                         [Smokefree-Talk] Preemption Watch Bill Tracking Summary: 8/13/10 Preemption Watch Weekly Bill Tracking Summary of U.S. State Bills www.protectlocalcontrol.org August 13, 2010 ANR tracks pending legislation relating to states' smokefree air policies as part of the continued fight to prevent preemptive legislation before it can be passed and to overturn preemption in states where it is already in place. Since even a strong bill can become preemptive at any point in the legislative process, it is very important to track even the best bills throughout the entire legislative session and keep a watchful eye out for all attempts to remove local control. In 2010, consider setting up a Preemption Strike Force to help combat tobacco industry legislative tricks by allowing for quick and easy communication among proponents of local control. Learn how at http://www.nosmoke.org/pdf/preemptionstrikeforce.pdf. Legislative sessions have ended in: Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Minnesota, Missouri, Mississippi, Nebraska, New Hampshire, New Mexico, North Carolina, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia and Wyoming. Also, 2010 sessions are not held in Montana, Nevada, North Dakota, Oregon, and Texas. Below is a listing of state bills that have been introduced in state legislatures. Please visit the www.protectlocalcontrol.org and click on the state of your choice to view the summary, text, and status of pending bills. Please email ANR with any new information regarding pending legislation and preemption attempts in your state and we will analyze and summarize the legislation. The new and pending legislative bills are classified below into seven categories to clearly delineate which bills will protect public health and should be supported from those that should be opposed because they do not effectively protect public health, weaken a strong law, or intend to preempt local control. New bills and changes in bill status since the last update appear in bold. Strong: Bill includes 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; strengthens existing smokefree laws; or repeals preemption. Weak: Bill includes ventilation, smoking rooms, or other key exemptions. Weakens: Bill weakens a current strong 100% smokefree law. Preemptive: Bill contains preemptive language that removes the right to local control. Vehicles: Bill addresses smoking in vehicles with children present. Outdoor: Bill primarily addresses smoking in outdoor locations. Other: Bills contain other provisions and should be watched. · The following states have strong bills that include 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; OR repeals preemption:

file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2081310.html[8/19/2011 2:33:43 AM]

Massachusetts: SB2495 (smokefree casinos amendment)-Amendment upheld Michigan: HB4099 (workplaces and restaurants)-Carried over to 2010; SB79 (workplaces, restaurants and bars)Carried over to 2010; SB114 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4196 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4341 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB5077 (preemption repeal)-Carried over to 2010; HB5283 (workplaces, restaurants and bars)-Carried over to 2010; SB1406 (casinos) New Jersey: A1062 (casinos); S423 (casinos) New York: S03388 (tribal gaming)-Referred to Investigations and Government Operations Committee Pennsylvania: HB58 (preemption repeal)-Re-committed to House Appropriations Committee; SB113 (restaurants and bars; preemption repeal)-Carried over to 2010; HB1245 (bars; preemption repeal)-Carried over to 2010; SB898 (partial preemption repeal)-Carried over to 2010 · The following states have weak bills that include ventilation, smoking rooms, size exemptions, or other major faults or exemptions: Michigan: HB4752 (trigger with tribal gaming)-Carried over to 2010; SB469 (ballot requirement)-Carried over to 2010; HB5535 (tax credit)-Carried over to 2010; HB5637 (smoking areas)-Carried over to 2010 · The following states have bills that create exemptions that weaken a current strong law: D.C.: B18-0084 (exemption) Illinois: HB1145 (smoking licenses)-Carried over to 2010; SB1836 (theatrical exemption)-Carried over to 2010; HB6158 (religious exemption)-Rule 19(a) / Re-referred to Rules Committee Michigan: HB5803 (smoking room exemption) New Jersey: A461 (tobacco business exemption); S2001/A2897 (gaming exemption) Ohio : SB120 (cigar bar and family bar exemption)-Carried over to 2010; HB6280 (veterans' organizations exemption) Pennsylvania: HB1146 (fire company exemption)-Carried over to 2010; HB1147 (church exemption)-Carried over to 2010 · The following states have preemptive bills: Massachusetts: HB2176 (preemptive exemptions)-Included in HB4755 to allow the Committee on Public Health to study this and other related bills New York: A08982 (retail tobacco shop exemption and preemption)-Referred to Economic Development Committee; S06179 (retail tobacco store exemption and preemption)-Advanced to 3rd Reading · The following states have bills that address smoking in vehicles when children are present: Illinois: HB889 (vehicles with minors)-Rule 19(a) / Re-referred to Rules Committee Massachusetts: HB3233 (vehicles with minors)-Carried over to 2010; HB3475 (vehicles with minors)-Carried over to 2010; SB1902 (vehicles with minors)-Carried over to 2010 New Jersey: A1591/S475 (vehicles with minors); A2814 (vehicles with minors) New York: A06288 (vehicles with minors)-Referred to Health Committee; A06714 (vehicles with minors)-Passed Assembly, Sent to Senate and amended as A6714B; S03191 (vehicles with minors)-Substituted by A6714B; S08386 (vehicles with minors) Ohio : SB135 (vehicles with minors)-Carried over to 2010 Pennsylvania: HB359 (vehicles with minors)-Carried over to 2010 · The following states have bills primarily addressing smoking in outdoor locations: Massachusetts: HB2162 (reasonable distance)-Included in HB4755 to allow the Committee on Public Health to study this and other related bills Michigan: SB906 (state capitol grounds)-Carried over to 2010 New Jersey: S443 (outdoor public places)-On Hold; S684 (youth; outdoors); A2172/S669 (parks and beaches)-S669
file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2081310.html[8/19/2011 2:33:43 AM]

on Hold; A1853 (state parks and beaches); S889 (state-owned beaches)-On Hold New York: A00577 (reasonable distance)-Referred to Health Committee; A01137 (playgrounds)-Passed Assembly and sent to Senate; A01837-(parks and beaches)-Referred to Health Committee; A07362 (reasonable distance)-Held for consideration in Health Committee; S05005 (playgrounds)-Referred to Health Committee; S07098 (transportation platforms)-Amended and Recommitted to Health; A10500 (transportation platforms)-Amended and recommitted to codes · The following states have other provisions and should be watched: Illinois: HB3176 (technical amendment)-Carried over to 2010; SB851 (removes nursing home exemption)-Signed by Governor; SB2314 (technical amendment)-Carried over to 2010; HB5524 (enforcement change)-Referred to Rules Committee; SB3591 (enforcement change)-Rule 2-10 Third Reading Deadline Established as May 7; SB3174 (electronic cigarettes)-Passed Senate, in House Rules Committee Massachusetts: HB1875 (workplace smoking)-Included in HB4746 to allow the Com. on Labor and Workforce Development to study this and other related bills; recommitted to the Committee on Labor and Workforce Development; HB1181 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB1243 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB2054 (tobacco free pharmacies)-Carried over to 2010; S813 (tobacco free pharmacies)-Bill reported favorably from the Joint Committee on Public Health Michigan: HB4100 (compliance)-Carried over to 2010; HB4419 (compliance)-Carried over to 2010; HB5284 (workplace liability)-Carried over to 2010 New Jersey: A512 (state vehicles); S446 (housing) New York: S1234 (tobacco free pharmacies)-Referred to Health Committee; A05890 (tobacco free pharmacies)Referred to Health Committee; A06542 (public housing)-Held for consideration in Housing Committee; S03242 (playgrounds)-Reported and Committed to Codes; A08700 (housing)-Referred to Judiciary Committee; A10837 (prisons) Legislation Enacted this Year D.C.: B18-0670 (special event exemption) -Signed by Mayor; B18-042-(reasonable distance)-Enacted Illinois: SB851 (removes nursing home exemption)-Signed by Governor Kansas: HB2221 (workplaces, restaurants and bars)-Signed by Governor Mississippi: SB2644 (youth recreation)-Signed by Governor Nebraska: LB861 (technical amendment)-Signed by Governor New Hampshire: HB1541 (e-cigarettes at educational facilities)-Signed by Governor New Jersey: A4227/A4228 (e-cigarettes in public places)-Signed by Governor Oklahoma: HB2748 (educational facilities)-Signed by Governor; HB2774 (financial incentives)-Signed by Governor Pennsylvania: SB711 (gaming exemption; preemption)-Signed by the Governor U.S. Virgin Islands: Bill 28-0191 (workplaces, restaurants and bars)-Signed by Governor Utah : HB88 (e-cigarette restrictions)-Signed by Governor Wisconsin: AB720-SA1 (definition change)-Signed by Governor

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org
file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2081310.html[8/19/2011 2:33:43 AM]

www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440.

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440. </ -You received this message because you are subscribed to the Google Groups "Smokefree-talk" group. To post to this group, send email to smokefree-talk@googlegroups.com. To unsubscribe from this group, send email to smokefree-talk+unsubscribe@googlegroups.com. For more options, visit this group at http://groups.google.com/group/smokefree-talk?hl=en.

file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2081310.html[8/19/2011 2:33:43 AM]

From:                             smokefree-talk@googlegroups.com on behalf of Liz Williams <liz.williams@no-smoke.org> Sent:                              Friday, September 17, 2010 7:37 PM To:                                  smokefree-talk@googlegroups.com Subject:                         [Smokefree-Talk] Preemption Watch Bill Tracking Summary: 9/17/10 Preemption Watch Weekly Bill Tracking Summary of U.S. State Bills www.protectlocalcontrol.org September 17, 2010 ANR tracks pending legislation relating to states' smokefree air policies as part of the continued fight to prevent preemptive legislation before it can be passed and to overturn preemption in states where it is already in place. Since even a strong bill can become preemptive at any point in the legislative process, it is very important to track even the best bills throughout the entire legislative session and keep a watchful eye out for all attempts to remove local control. In 2010, consider setting up a Preemption Strike Force to help combat tobacco industry legislative tricks by allowing for quick and easy communication among proponents of local control. Learn how at http://www.nosmoke.org/pdf/preemptionstrikeforce.pdf. Legislative sessions have ended in: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Minnesota, Missouri, Mississippi, Nebraska, New Hampshire, New Mexico, North Carolina, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia and Wyoming. Also, 2010 sessions are not held in Montana, Nevada, North Dakota, Oregon, and Texas. Below is a listing of state bills that have been introduced in state legislatures. Please visit the www.protectlocalcontrol.org and click on the state of your choice to view the summary, text, and status of pending bills. Please email ANR with any new information regarding pending legislation and preemption attempts in your state and we will analyze and summarize the legislation. The new and pending legislative bills are classified below into seven categories to clearly delineate which bills will protect public health and should be supported from those that should be opposed because they do not effectively protect public health, weaken a strong law, or intend to preempt local control. New bills and changes in bill status since the last update appear in bold. Strong: Bill includes 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; strengthens existing smokefree laws; or repeals preemption. Weak: Bill includes ventilation, smoking rooms, or other key exemptions. Weakens: Bill weakens a current strong 100% smokefree law. Preemptive: Bill contains preemptive language that removes the right to local control. Vehicles: Bill addresses smoking in vehicles with children present. Outdoor: Bill primarily addresses smoking in outdoor locations. Other: Bills contain other provisions and should be watched. · The following states have strong bills that include 100% smokefree non-hospitality workplaces and/or restaurants and/or bars; OR repeals preemption:

file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2091710.html[8/19/2011 2:33:45 AM]

Massachusetts: SB2495 (smokefree casinos amendment)-Amendment upheld Michigan: HB4099 (workplaces and restaurants)-Carried over to 2010; SB79 (workplaces, restaurants and bars)Carried over to 2010; SB114 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4196 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB4341 (workplaces, restaurants, and bars; preemption repeal)-Carried over to 2010; HB5077 (preemption repeal)-Carried over to 2010; HB5283 (workplaces, restaurants and bars)-Carried over to 2010; SB1406 (casinos) New Jersey: A1062 (casinos); S423 (casinos) New York: S03388 (tribal gaming)-Referred to Investigations and Government Operations Committee Pennsylvania: HB58 (preemption repeal)-Re-committed to House Appropriations Committee; SB113 (restaurants and bars; preemption repeal)-Carried over to 2010; HB1245 (bars; preemption repeal)-Carried over to 2010; SB898 (partial preemption repeal)-Carried over to 2010 · The following states have weak bills that include ventilation, smoking rooms, size exemptions, or other major faults or exemptions: Michigan: HB4752 (trigger with tribal gaming)-Carried over to 2010; SB469 (ballot requirement)-Carried over to 2010; HB5535 (tax credit)-Carried over to 2010; HB5637 (smoking areas)-Carried over to 2010 · The following states have bills that create exemptions that weaken a current strong law: D.C.: B18-0084 (exemption) Illinois: HB1145 (smoking licenses)-Carried over to 2010; SB1836 (theatrical exemption)-Carried over to 2010; HB6158 (religious exemption)-Rule 19(a) / Re-referred to Rules Committee Michigan: HB5803 (smoking room exemption); HB6280 (veterans' organizations exemption); HB6424 (veterans' organizations exemption) New Jersey: A461 (tobacco business exemption); S2001/A2897 (gaming exemption) Ohio : SB120 (cigar bar and family bar exemption)-Carried over to 2010 Pennsylvania: HB1146 (fire company exemption)-Carried over to 2010; HB1147 (church exemption)-Carried over to 2010 · The following states have preemptive bills: Massachusetts: HB2176 (preemptive exemptions)-Included in HB4755 to allow the Committee on Public Health to study this and other related bills New York: A08982 (retail tobacco shop exemption and preemption)-Referred to Economic Development Committee; S06179 (retail tobacco store exemption and preemption)-Advanced to 3rd Reading · The following states have bills that address smoking in vehicles when children are present: Illinois: HB889 (vehicles with minors)-Rule 19(a) / Re-referred to Rules Committee Massachusetts: HB3233 (vehicles with minors)-Carried over to 2010; HB3475 (vehicles with minors)-Carried over to 2010; SB1902 (vehicles with minors)-Carried over to 2010 New Jersey: A1591/S475 (vehicles with minors)-Fiscal note filed; A2814 (vehicles with minors) New York: A06288 (vehicles with minors)-Referred to Health Committee; A06714 (vehicles with minors)-Passed Assembly, Sent to Senate and amended as A6714B; S03191 (vehicles with minors)-Substituted by A6714B; S08386 (vehicles with minors) Ohio : SB135 (vehicles with minors)-Carried over to 2010 Pennsylvania: HB359 (vehicles with minors)-Carried over to 2010 · The following states have bills primarily addressing smoking in outdoor locations: Massachusetts: HB2162 (reasonable distance)-Included in HB4755 to allow the Committee on Public Health to study this and other related bills Michigan: SB906 (state capitol grounds)-Carried over to 2010
file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2091710.html[8/19/2011 2:33:45 AM]

New Jersey: S443 (outdoor public places)-On Hold; S684 (youth; outdoors); A2172/S669 (parks and beaches)-S669 on Hold; A1853 (state parks and beaches); S889 (state-owned beaches)-On Hold New York: A00577 (reasonable distance)-Referred to Health Committee; A01137 (playgrounds)-Passed Assembly and sent to Senate; A01837-(parks and beaches)-Referred to Health Committee; A07362 (reasonable distance)-Held for consideration in Health Committee; S05005 (playgrounds)-Referred to Health Committee; S07098 (transportation platforms)-Amended and Recommitted to Health; A10500 (transportation platforms)-Amended and recommitted to codes · The following states have other provisions and should be watched: Illinois: HB3176 (technical amendment)-Carried over to 2010; SB2314 (technical amendment)-Carried over to 2010; HB5524 (enforcement change)-Referred to Rules Committee; SB3591 (enforcement change)-Rule 2-10 Third Reading Deadline Established as May 7; SB3174 (electronic cigarettes)-Passed Senate, in House Rules Committee Massachusetts: HB1875 (workplace smoking)-Included in HB4746 to allow the Com. on Labor and Workforce Development to study this and other related bills; recommitted to the Committee on Labor and Workforce Development; HB1181 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB1243 (elderly housing)-Ordered to a third reading in House Committee On Steering, Policy and Scheduling; HB2054 (tobacco free pharmacies)-Carried over to 2010; S813 (tobacco free pharmacies)-Bill reported favorably from the Joint Committee on Public Health Michigan: HB4100 (compliance)-Carried over to 2010; HB4419 (compliance)-Carried over to 2010; HB5284 (workplace liability)-Carried over to 2010 New Jersey: A512 (state vehicles); S446 (housing) New York: S1234 (tobacco free pharmacies)-Referred to Health Committee; A05890 (tobacco free pharmacies)Referred to Health Committee; A06542 (public housing)-Held for consideration in Housing Committee; S03242 (playgrounds)-Reported and Committed to Codes; A08700 (housing)-Referred to Judiciary Committee; A10837 (prisons) Legislation Enacted this Year D.C.: B18-0670 (special event exemption) -Signed by Mayor; B18-042-(reasonable distance)-Enacted Illinois: SB851 (removes nursing home exemption)-Signed by Governor Kansas: HB2221 (workplaces, restaurants and bars)-Signed by Governor Mississippi: SB2644 (youth recreation)-Signed by Governor Nebraska: LB861 (technical amendment)-Signed by Governor New Hampshire: HB1541 (e-cigarettes at educational facilities)-Signed by Governor New Jersey: A4227/A4228 (e-cigarettes in public places)-Signed by Governor Oklahoma: HB2748 (educational facilities)-Signed by Governor; HB2774 (financial incentives)-Signed by Governor Pennsylvania: SB711 (gaming exemption; preemption)-Signed by the Governor U.S. Virgin Islands: Bill 28-0191 (workplaces, restaurants and bars)-Signed by Governor Utah : HB88 (e-cigarette restrictions)-Signed by Governor Wisconsin: AB720-SA1 (definition change)-Signed by Governor Summaries of all NEW bills are listed below: (All other pending bill summaries are on individual state pages on www.protectlocalcontrol.org) Michigan HB6424-(veterans' organizations exemption)-A bill to amend public health code http://www.legislature.mi.gov/documents/2009-2010/billintroduced/House/pdf/2010-HIB-6424.pdf http://www.legislature.mi.gov/%28S%28x113bo55iwev1eyegdzpj055%29%29/mileg.aspx? page=getobject&objectname=2010-HB-6424 This bill creates an exemption in the state law to allow smoking in veterans' organizations in a smoking room, porch
file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2091710.html[8/19/2011 2:33:45 AM]

or pavilion. Preemptive: No Anti-Preemption Clause: No

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440.

Liz Williams Project Manager Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: 510-841-3032 x314 Fax: 510-841-3071 liz.williams@no-smoke.org www.no-smoke.org ********************** Are you a member of ANR? Our work depends on the support of our members. Please click here to view our membership options. We would love to have you join us! Show your support for smokefree air by putting a static-cling decal in your window at work, home, or the car. To purchase, visit: http://www.no-smoke.org/aboutus.php?id=440. </ -You received this message because you are subscribed to the Google Groups "Smokefree-talk" group. To post to this group, send email to smokefree-talk@googlegroups.com. To unsubscribe from this group, send email to smokefree-talk+unsubscribe@googlegroups.com. For more options, visit this group at http://groups.google.com/group/smokefree-talk?hl=en.
file:///C|/...isc%201/Conley%20request%201/Smokefree-Talk%20Preemption%20Watch%20Bill%20Tracking%20Summary%2091710.html[8/19/2011 2:33:45 AM]

From:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Action on Smoking and Health <jbanzhaf@ash.org> Sent:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Tuesday, August 17, 2010 8:16 AM To:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Hahn, Ellen J Subject:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Smokeless Tobacco Causes Heart Disease and Death

Smokeless Tobacco Causes Heart Disease and Death Nicotine Replacement Therapy May Raise Overall Death Rate
Despite claims that smokeless tobacco and other nicotine administration products such as e-cigarettes [e-cigs] virtually eliminate the risks causes by smoking conventional tobacco cigarettes, a new study shows that smokers who switch from cigarettes to one of these substitutes still have a much higher risk of death than someone who gave up nicotine entirely, says Professor John Banzhaf, Executive Director of Action on Smoking and Health (ASH). The new study, due to be published in the American Journal of Epidemiology, concludes that "current use of smokeless tobacco at baseline was associated with 1.27-fold greater incidence of cardiovascular disease . . . than was nonuse, independently of demographic, socioeconomic, and lifestyle and other tobacco-related variables." http://aje.oxfordjournals.org/cgi/content/abstract/kwq191 The authors conclude that: "current users of smokeless tobacco should be informed of its harm and advised to quit the practice. Current cigarette smokers should also be given sufficient information on safe, therapeutic methods of quitting which do not include switching to smokeless tobacco." This is very important, says Banzhaf, because many people think that eliminating the cancer-causing chemicals in tobacco smoke will slash their health risk, and thus may think switching is a viable alternative to quitting entirely. But cigarettes kill more smokers each year from heart attacks than from lung cancer, so even a total elimination of the cancer risk would still leave the major cause of death. This study confirms that the risk of switching rather than quitting remains a major one. From a broader perspective, another recent study shows that, even if replacing tobacco cigarettes with nicotine administration products like e-cigs or snus significantly reduces the individual user's risk of death, a public health strategy based upon promoting such products may save few if any lives, and may even raise the death rate in the total population. The study shows that, even if switching to an alternative source of nicotine reduces the individual user's risk of death, more people overall may die and public health may suffer because of two different types of population effects. http://tobaccocontrol.bmj.com/content/19/4/297.abstract First, some smokers who would otherwise be persuaded to quit - give up all nicotine use - by smoking bans and/or high taxes will instead switch to the substitute, thereby remaining at a much higher risk than if they had quit entirely. "If lots of smokers who would otherwise quit instead switch to e-cigs, public health will suffer, since the risks of using e-cigs can be considerable," notes Banzhaf. For example, another major study showed an association between the use of chewing tobacco (which administers nicotine) and acute myocardial infarction that was 75% of the risk of smoking cigarettes. The Food and Drug Administration [FDA] has just warned that e-cigarettes pose "acute health risks," and that the "danger posed by the

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unrestricted distribution of [these] unregulated products containing toxic chemicals cannot seriously be questioned." Even more serious, other smokers who might otherwise be pressured to quit by bans on smoking in the workplace may be able to remain smokers by using nicotine administration products while at work - a use for which they are prominently advertised. In such situations they not only fail to get the health benefit of quitting entirely, but also wind up as "dual users" with the combined risks of both smoking tobacco cigarettes and of the nicotine substitute product. Thus their overall health risk might simply be additive (the sum of the risks of both products) or, as some have suggested, synergistic (higher than the sum of the risks of both products). Second, some children and others who might otherwise avoid all tobacco or nicotine use will instead: (1) take up the substitute with all of its known and unknowable health risks; or (2) become addicted to nicotine in the substitute and ultimately graduate from e-cigs or snus to simply smoking; or, worse, (3) continue using e-cigs or snus but yield to the nicotine addiction and eventually also take up smoking in addition, thereby becoming dual users with dual risks. In all such cases the overall national health risk and death rate would be much higher because of the ready availability of e-cigs, snus, or other similar nicotine-administration products. Any of these scenarios increases the death rate over what it would have been if the nicotine product were simply not available. Banzhaf, who is a noted mathematician and the inventor of the Banzhaf Index, reminds everyone that different outcomes can be predicted by making various different estimates as to the relative risks of tobacco cigarettes and e-cigs, the percentage of people who would quit if e-cigs were not available, the percentage who would switch if e-cigs are widely promoted, etc. But that's why a recent study is so important, he maintains. The study actually tries to make the best estimates of the variables which must be considered; estimates based upon currently available evidence. After a careful analysis, the study concludes that overall cumulative public health risk would increase by about 25% if nicotine-administration products were widely promoted. The study focused on oral tobacco such as snus, but seems equally applicable also to other forms of harmreduction nicotine-administration products such as e-cigs. In summary, promoting nicotine-administration alternatives such as snus or e-cigs may be unwise from an overall public health point of view, even if the products are a less hazardous alternative than smoking conventional cigarettes. ASH has not taken a position on this scientific and medical issue, noting that the FDA is studying this difficult and important question with the support of many learned scientists and other experts. ASH also has not opposed the sale and use of e-cigs by adults. What ASH has opposed is the sale of new nicotine products without any FDA testing to assure safety, efficacy, and ingredient purity, limits on sales to children, protections against unfounded claims made by promoters, and their use in public places where others are forced to inhale ecig vapors which contain nicotine (a deadly and addictive drug which can contribute to heart attacks and cancer) and propylene glycol (a respiratory irritant used in antifreeze and known to cause respiratory tract infections).

PROFESSOR JOHN F. BANZHAF III Professor of Public Interest Law at GWU, FAMRI Dr. William Cahan Distinguished Professor, FELLOW, World Technology Network, and Executive Director and Chief Counsel

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Action on Smoking and Health (ASH) America's First Antismoking Organization 2013 H Street, NW Washington, DC 20006, USA (202) 659-4310 // (703) 527-8418 Internet: http://ash.org/ Twitter: http://twitter.com/AshOrg
Forward email This email was sent to ejhahn00@pop.uky.edu by jbanzhaf@ash.org. Instant removal with SafeUnsubscribeâ„¢ | Privacy Policy. Action on Smoking and Health | 2013 H St NW | Washington | DC | 20006

file:///C|/...20of%20KY/disc%201/Conley%20request%201/Smokeless%20Tobacco%20Causes%20Heart%20Disease%20and%20Death html[8/19/2011 2:33:47 AM]

From:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Public Interest Law Professor John Banzhaf <press@ash.org> Sent:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Wednesday, August 25, 2010 10:16 AM To:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Hahn, Ellen J Subject:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Surgeon General, AF, Warns About E-Cigarettes Surgeon General, AF, Warns About E-Cigarettes Use Banned Wherever Smoking Isn't Permitted
The Surgeon General of the Air Force has just issued a formal memorandum warning all personnel about the danger of e-cigarettes [e-cigs], and noting that, as "tobacco products," there use is banned wherever the smoking of conventional tobacco cigarettes is prohibited, notes Action on Smoking and Health (ASH), which collaborated with the Department of Defense on developing policy related to e-cig use. http://ash.org/AFEcigMemo The memo warned that: "Advertisements claim electronic cigarettes are a healthier way to smoke but one sample tested by the Food and Drug Administration (FDA) contained diethylene glycol-a toxic chemical used in antifreeze. Other samples tested by the FDA contained cancer-causing agents yet there are no health warnings on these products similar to those seen on conventional cigarette packages." The memo went on to warn that: "No studies have been done to demonstrate the safety or effectiveness of these products as tobacco cessation aids and they are not approved by the FDA as a drug delivery device." It also noted a concern originally expressed by ASH, notes public interest law professor, ASH's Executive Director, and that is the use of these devices to surreptitiously administer drugs other than nicotine. ASH had previously reported ads for e-cigs which administer Cialis and "potent" marijuana. http://www.cigarettesreviews.com/fda-may-ban-marijuana-e-cigarettes As the Surgeon General's memo warned: "Commanders also need to be aware that the cartridges used in these devices are replaceable and could be used to discreetly deliver substances other than nicotine." Previously the Food and Drug Administration [FDA] had warned that: e-cigs pose "acute health risks" which "cannot seriously be questioned" because they contain "toxic chemicals," and the devices also "presents a serious risk of addicting new users, including children." It also said that: * e-cigarette users suffer from a wide variety of potentially serious symptoms "including racing pulse, dizziness, slurred speech, mouth ulcers, heartburn, coughing, diarrhea, and sore throat" * "nicotine [one of the two major chemicals used in the product] in high doses can be dangerous and even fatal" * the toxic chemical diethylene glycol was found in the e-cigarettes which were tested * various mutagenic, carcinogenic, and genotoxic chemicals were also present in the products * the cartridges containing the nicotine and other toxic chemicals, many of which come from China, are subject to "none of the manufacturing controls required for FDAapproved nicotine-delivery products" [like nicotine gum, patches, inhalers, sprays, etc.]. Subsequent to the FDA's warning, independent scientists have warned about additional potential dangers to users of e-cigs: http://www.newsrx.com/pressreleases/11551.html

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Many countries and several U.S. jurisdictions have now banned their use in no-smoking sections. PROFESSOR JOHN F. BANZHAF III Professor of Public Interest Law at GWU, FAMRI Dr. William Cahan Distinguished Professor, FELLOW, World Technology Network, and Executive Director and Chief Counsel Action on Smoking and Health (ASH) America's First Antismoking Organization 2013 H Street, NW Washington, DC 20006, USA (202) 659-4310 // (703) 527-8418 Internet: http://ash.org/ Twitter: http://twitter.com/AshOrg
This email was sent to ejhahn00@pop.uky.edu by press@ash.org. Instant removal with SafeUnsubscribeâ„¢ | Privacy Policy. Law Professor John Banzhaf | 2013 H St NW | Washington | DC | 20006

file:///C|/...versity%20of%20KY/disc%201/Conley%20request%201/Surgeon%20General%20AF%20Warns%20About%20E-Cigarettes html[8/19/2011 2:33:48 AM]

From:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Riker, Carol A Sent:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Tuesday, February 16, 2010 12:15 PM To:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â laph@bardstowncable.net Cc:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Hahn, Ellen J; Wagner, Kristian K; Warren, Monica E Subject:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â TCLC Review of draft ordinance Attachments:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â tobcont R01 Nelson Bardstown TCLC 2-10[1].pdf Importance:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â High
Hi John, Ellen is out sick today and asked me to send you the attached review from the Tobacco Control Legal Consortium (TCLC). They reviewed the ordinance draft that you sent to Dr. Hahn for that purpose. For your information I pulled the description of TCLC from their website: "The Tobacco Control Legal Consortium is a national network supporting tobacco control policy change by giving advocates better access to legal expertise. The Consortium’s priorities are to help make legal technical assistance an integral part of comprehensive tobacco control programs, provide a limited degree of direct legal support and raise awareness of the role of legal services in effective policy change. Within its resources, the Consortium works to assist communities with urgent legal needs and to increase the legal resources available to the tobacco control movement." (http://tclconline.org/Tclc.asp) The TCLC review is very thorough and I'll pull out a few points for your information: Provides a better definition of e-cigarettes (p.2) Gives a more concise, clear definition of employee and well as ways to simplify the definition of employer while protecting those who work for private clubs or volunteer for organizations (p. 2) Gives several possible ways to deal with outdoor "enclosed" areas so that circumvention of the law may be prevented while still allowing for some flexibility in outdoor areas that are not substantially enclosed. Offers clearer language for definition of place of employment (p.3) Raises questions and offers potential language re home offices with one or more employee and private clubs (p.3) Provides a clearer definition of Sports Arena (p.4) Offers ways to deal with duplication in the lists of public places contained in the definition and in the prohibition. (p.3) Recommends deleting some subjective language ("and customarily used by") in paragraph A of Prohibition of Smoking (p. 4) Under "Posting of Signs" recommends instead "posting of Signs and Removal of Ashtrays" and additional language that includes removal of ashtrays intended for use on the premises (p.5). Under Enforcement, offers a Section C that includes asking the violator to leave the premises, so that businesses won't avoid the law by just informing violators about the law without taking any other steps (p.6) Under "Violations and Penalties" suggested some clarification. Despite this extensive review and many helpful suggestions, the council can be pleased that there were many parts of the draft ordinance for which TCLC suggested no changes! The council is to be commended for beginning this process with a draft taken largely from the Model Ordinance. Thank you for your continued interest in the health of workers in Bardstown. Carol Riker, RN, MSN UK College of Nursing Smoke-free Rural Communities Advisor

file:///C|/.../Results/University%20of%20KY/disc%201/Conley%20request%201/TCLC%20Review%20of%20draft%20ordinance%202 html[8/19/2011 2:33:49 AM]

From:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Riker, Carol A Sent:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Tuesday, February 16, 2010 12:15 PM To:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â laph@bardstowncable.net Cc:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Hahn, Ellen J; Wagner, Kristian K; Warren, Monica E Subject:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â TCLC Review of draft ordinance Attachments:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â tobcont R01 Nelson Bardstown TCLC 2-10[1].pdf Importance:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â High
Hi John, Ellen is out sick today and asked me to send you the attached review from the Tobacco Control Legal Consortium (TCLC). They reviewed the ordinance draft that you sent to Dr. Hahn for that purpose. For your information I pulled the description of TCLC from their website: "The Tobacco Control Legal Consortium is a national network supporting tobacco control policy change by giving advocates better access to legal expertise. The Consortium’s priorities are to help make legal technical assistance an integral part of comprehensive tobacco control programs, provide a limited degree of direct legal support and raise awareness of the role of legal services in effective policy change. Within its resources, the Consortium works to assist communities with urgent legal needs and to increase the legal resources available to the tobacco control movement." (http://tclconline.org/Tclc.asp) The TCLC review is very thorough and I'll pull out a few points for your information: Provides a better definition of e-cigarettes (p.2) Gives a more concise, clear definition of employee and well as ways to simplify the definition of employer while protecting those who work for private clubs or volunteer for organizations (p. 2) Gives several possible ways to deal with outdoor "enclosed" areas so that circumvention of the law may be prevented while still allowing for some flexibility in outdoor areas that are not substantially enclosed. Offers clearer language for definition of place of employment (p.3) Raises questions and offers potential language re home offices with one or more employee and private clubs (p.3) Provides a clearer definition of Sports Arena (p.4) Offers ways to deal with duplication in the lists of public places contained in the definition and in the prohibition. (p.3) Recommends deleting some subjective language ("and customarily used by") in paragraph A of Prohibition of Smoking (p. 4) Under "Posting of Signs" recommends instead "posting of Signs and Removal of Ashtrays" and additional language that includes removal of ashtrays intended for use on the premises (p.5). Under Enforcement, offers a Section C that includes asking the violator to leave the premises, so that businesses won't avoid the law by just informing violators about the law without taking any other steps (p.6) Under "Violations and Penalties" suggested some clarification. Despite this extensive review and many helpful suggestions, the council can be pleased that there were many parts of the draft ordinance for which TCLC suggested no changes! The council is to be commended for beginning this process with a draft taken largely from the Model Ordinance. Thank you for your continued interest in the health of workers in Bardstown. Carol Riker, RN, MSN UK College of Nursing Smoke-free Rural Communities Advisor

file:///C|/...FOIA/Results/University%20of%20KY/disc%201/Conley%20request%201/TCLC%20Review%20of%20draft%20ordinance html[8/19/2011 2:33:50 AM]

From: Sent: To: Cc: Subject: Vanessa,

Riker, Carol A Sunday, January 23, 2011 9:46 PM 'Brewer, Vanessa C (LHD - Franklin Co)' Fleming, Deborah H (LHD-Franklin Co); 'Alexander, Paula (LHD - Franklin Co)'; Hahn, Ellen J; Wagner, Kristian K; Mundy, Monica E TF Schools phone call

Thanks so much for talking with me by phone last Friday (1/21). It’s good to hear your voice and know that you and family are well since Lily was born! I know that you wanted some more info on e-cigarettes, given that someone was using one in the Franklin Co Schools! I’m sending you the one-pager (which you’ve probably already received), and an article and FDA report I’ve received since we did the one-pager. If you need any of the references on the one-pager, please let me know. Opponents fighting the inclusion of ecigarettes in S-F laws are claiming they only emit “water vapor” (like a vaporizer), but they have no science showing what they emit. Some junk science has been put out there by the companies making the e-cigarettes, but those claims have not undergone peer review. Until we have science proving them safe, we’ll be concerned that all of the many harmful elements in the e-cigarettes may be emitted into the air through the “vapor” or by exhalation from e-cigarette users. Let me know if you need more information and what we should plan for Franklin’s Year 5 Scope of Work. Thanks, Carol
From: Brewer, Vanessa C (LHD - Franklin Co) [mailto:VanessaC.Brewer@ky.gov] Sent: Friday, January 14, 2011 12:08 PM To: Riker, Carol A Subject: FW: TFS meeting with Deborah Wigginton Importance: High

FYI – I feel like I’m dreaming!! So excited!!

Vanessa Brewer Health Educator II Franklin County Health Department Community Health Education 851 East West Connector Frankfort, KY 40601 (502) 564-5559, ext. 277 * Fax: (502) 564-5672 VanessaC.Brewer@ky.gov
Laughter is like jogging on the inside. Exercise your 'innards' every day. "A cheerful heart is good medicine, but a crushed spirit dries up the bones." Proverbs 17:22 (NIV)

NOTICE OF CONFIDENTIALITY: This email, including any attachments, is intended only for the use of the individual or entity to which it is addressed and may contain confidential information that is legally privileged and exempt from disclosure under applicable law. If the reader of this message is not

file:///C|/...Desktop/FOIA/Results/University%20of%20KY/disc%201/Conley%20request%201/TF%20Schools%20phone%20call%202 html[8/19/2011 2:33:50 AM]

the intended recipient, you are notified that any review, use, disclosure, distribution or copying of this communication is stictly prohibited. If you have received this communication in error, please contact the sender by reply e-mail and destroy all copies of the original message.

From: Brewer, Vanessa C (LHD - Franklin Co) Sent: Friday, January 14, 2011 12:05 PM To: Fleming, Deborah H (LHD-Franklin Co) Cc: Alexander, Paula (LHD - Franklin Co); Bell, Debbie Y (LHD-Franklin Co); Mattingly, Judy A (CHFS LHD - Franklin Co) Subject: TFS meeting with Deborah Wigginton Importance: High

Debbie, My meeting today with Deborah Wigginton regarding Tobacco Free School Policy was very positive. I have provided a recap below for your records. · March 2011: BOE to approve policy. o Banners will go up at this time at the BOE advertising the policy implementation date. o Information will be placed on the BOE website and will provide a link to our website to advertise resources. Policy Implementation Date: July 1, 2011 The BOE has received $5000 from ASAP to purchase yard signs, building signs, vehicle stickers, banners, etc. Deborah is working on bids from various companies. However additional funds will be needed. Have you had an opportunity to check with Jennye Grider regarding whether or not we can use the 736 funds to assist with the implementation of TFS policy? I have $600 left in this year’s subaward from UK. I’m checking with Carol to see if those funds can be used for this project. Deborah is in the process of putting together an Implementation Committee that would include the following: Deborah, me, 1 bus driver, 1 food service employee, maintenance employee, Superintendent (or appointee), community member and Carroll Young. She also mentioned the possibility of another health dept. employee. This group will meet here on the following dates: o March 17: 6:00 pm o May 17: 6:00 pm o June 21: 6:00 pm June 2011: o Cable 10 WOW. Would it be possible to schedule TFS policy for June’s Cable 10 segment? We were thinking that the Superintendent and one or two people from the Implementation Committee could speak. If so, do you want to set this up or would you like for me to contact Libby? o Would you be interested in doing one of your June articles on this event? o Policy implementation date will be included on student report cards as well as employee payroll stubs. I will get in touch with Irene at DPH to request Quit Line Credit cards. They are currently providing them from free. These cards will be available to visitors at the school. The Cooper Clayton program will be provided to school personnel. The Implementation Committee will decide the dates. Health department will provide a pamphlet to school personnel advertising TFS policy and the health effects of smoking, SHS and 3rd hand smoke. Vanessa will see what is currently available. May have to be created or purchased. Deborah may be able to pay for this. Deborah is looking into the possibility of offering a cessation group for students during the lunch hour 1 X a week for several weeks. She mentioned that Michelle Searcy, RN may be able to work with this group…?

· ·

·

·

· · ·

·

I am very impressed and encouraged with the Boards follow through. Deborah is very excited and stated this isn’t something that we need to get anyone’s by-in on. This is a definite. J Yeah!

file:///C|/...Desktop/FOIA/Results/University%20of%20KY/disc%201/Conley%20request%201/TF%20Schools%20phone%20call%202 html[8/19/2011 2:33:50 AM]

Vanessa Brewer Health Educator II Franklin County Health Department Community Health Education 851 East West Connector Frankfort, KY 40601 (502) 564-5559, ext. 277 * Fax: (502) 564-5672 VanessaC.Brewer@ky.gov
Laughter is like jogging on the inside. Exercise your 'innards' every day. "A cheerful heart is good medicine, but a crushed spirit dries up the bones." Proverbs 17:22 (NIV)

NOTICE OF CONFIDENTIALITY: This email, including any attachments, is intended only for the use of the individual or entity to which it is addressed and may contain confidential information that is legally privileged and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are notified that any review, use, disclosure, distribution or copying of this communication is stictly prohibited. If you have received this communication in error, please contact the sender by reply e-mail and destroy all copies of the original message.

file:///C|/...Desktop/FOIA/Results/University%20of%20KY/disc%201/Conley%20request%201/TF%20Schools%20phone%20call%202 html[8/19/2011 2:33:50 AM]

From: Sent: To: Cc: Subject: Vanessa,

Riker, Carol A Sunday, January 23, 2011 9:46 PM 'Brewer, Vanessa C (LHD - Franklin Co)' Fleming, Deborah H (LHD-Franklin Co); 'Alexander, Paula (LHD - Franklin Co)'; Hahn, Ellen J; Wagner, Kristian K; Mundy, Monica E TF Schools phone call

Thanks so much for talking with me by phone last Friday (1/21). It’s good to hear your voice and know that you and family are well since Lily was born! I know that you wanted some more info on e-cigarettes, given that someone was using one in the Franklin Co Schools! I’m sending you the one-pager (which you’ve probably already received), and an article and FDA report I’ve received since we did the one-pager. If you need any of the references on the one-pager, please let me know. Opponents fighting the inclusion of ecigarettes in S-F laws are claiming they only emit “water vapor” (like a vaporizer), but they have no science showing what they emit. Some junk science has been put out there by the companies making the e-cigarettes, but those claims have not undergone peer review. Until we have science proving them safe, we’ll be concerned that all of the many harmful elements in the e-cigarettes may be emitted into the air through the “vapor” or by exhalation from e-cigarette users. Let me know if you need more information and what we should plan for Franklin’s Year 5 Scope of Work. Thanks, Carol
From: Brewer, Vanessa C (LHD - Franklin Co) [mailto:VanessaC.Brewer@ky.gov] Sent: Friday, January 14, 2011 12:08 PM To: Riker, Carol A Subject: FW: TFS meeting with Deborah Wigginton Importance: High

FYI – I feel like I’m dreaming!! So excited!!

Vanessa Brewer Health Educator II Franklin County Health Department Community Health Education 851 East West Connector Frankfort, KY 40601 (502) 564-5559, ext. 277 * Fax: (502) 564-5672 VanessaC.Brewer@ky.gov
Laughter is like jogging on the inside. Exercise your 'innards' every day. "A cheerful heart is good medicine, but a crushed spirit dries up the bones." Proverbs 17:22 (NIV)

NOTICE OF CONFIDENTIALITY: This email, including any attachments, is intended only for the use of the individual or entity to which it is addressed and may contain confidential information that is legally privileged and exempt from disclosure under applicable law. If the reader of this message is not

file:///C|/...onley/Desktop/FOIA/Results/University%20of%20KY/disc%201/Conley%20request%201/TF%20Schools%20phone%20call html[8/19/2011 2:33:51 AM]

the intended recipient, you are notified that any review, use, disclosure, distribution or copying of this communication is stictly prohibited. If you have received this communication in error, please contact the sender by reply e-mail and destroy all copies of the original message.

From: Brewer, Vanessa C (LHD - Franklin Co) Sent: Friday, January 14, 2011 12:05 PM To: Fleming, Deborah H (LHD-Franklin Co) Cc: Alexander, Paula (LHD - Franklin Co); Bell, Debbie Y (LHD-Franklin Co); Mattingly, Judy A (CHFS LHD - Franklin Co) Subject: TFS meeting with Deborah Wigginton Importance: High

Debbie, My meeting today with Deborah Wigginton regarding Tobacco Free School Policy was very positive. I have provided a recap below for your records. · March 2011: BOE to approve policy. o Banners will go up at this time at the BOE advertising the policy implementation date. o Information will be placed on the BOE website and will provide a link to our website to advertise resources. Policy Implementation Date: July 1, 2011 The BOE has received $5000 from ASAP to purchase yard signs, building signs, vehicle stickers, banners, etc. Deborah is working on bids from various companies. However additional funds will be needed. Have you had an opportunity to check with Jennye Grider regarding whether or not we can use the 736 funds to assist with the implementation of TFS policy? I have $600 left in this year’s subaward from UK. I’m checking with Carol to see if those funds can be used for this project. Deborah is in the process of putting together an Implementation Committee that would include the following: Deborah, me, 1 bus driver, 1 food service employee, maintenance employee, Superintendent (or appointee), community member and Carroll Young. She also mentioned the possibility of another health dept. employee. This group will meet here on the following dates: o March 17: 6:00 pm o May 17: 6:00 pm o June 21: 6:00 pm June 2011: o Cable 10 WOW. Would it be possible to schedule TFS policy for June’s Cable 10 segment? We were thinking that the Superintendent and one or two people from the Implementation Committee could speak. If so, do you want to set this up or would you like for me to contact Libby? o Would you be interested in doing one of your June articles on this event? o Policy implementation date will be included on student report cards as well as employee payroll stubs. I will get in touch with Irene at DPH to request Quit Line Credit cards. They are currently providing them from free. These cards will be available to visitors at the school. The Cooper Clayton program will be provided to school personnel. The Implementation Committee will decide the dates. Health department will provide a pamphlet to school personnel advertising TFS policy and the health effects of smoking, SHS and 3rd hand smoke. Vanessa will see what is currently available. May have to be created or purchased. Deborah may be able to pay for this. Deborah is looking into the possibility of offering a cessation group for students during the lunch hour 1 X a week for several weeks. She mentioned that Michelle Searcy, RN may be able to work with this group…?

· ·

·

·

· · ·

·

I am very impressed and encouraged with the Boards follow through. Deborah is very excited and stated this isn’t something that we need to get anyone’s by-in on. This is a definite. J Yeah!

file:///C|/...onley/Desktop/FOIA/Results/University%20of%20KY/disc%201/Conley%20request%201/TF%20Schools%20phone%20call html[8/19/2011 2:33:51 AM]

Vanessa Brewer Health Educator II Franklin County Health Department Community Health Education 851 East West Connector Frankfort, KY 40601 (502) 564-5559, ext. 277 * Fax: (502) 564-5672 VanessaC.Brewer@ky.gov
Laughter is like jogging on the inside. Exercise your 'innards' every day. "A cheerful heart is good medicine, but a crushed spirit dries up the bones." Proverbs 17:22 (NIV)

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From:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â smokefreecasinos-talk@googlegroups.com on behalf of karen.blumenfeld@verizon.net Sent:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Monday, May 10, 2010 8:39 PM To:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â smokefreecasinostalk@googlegroups.com Subject:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â The vapor in E-Cigarettes - 3rdhand smoke issues (consult) Dear all, FYI, a recent study on 3rdhand smoke also was concerned about the nicotine in the e-cig vapor, reacting with common indoor air pollutants, to create carcinogenic nitrosamines. The 3rdhand smoke residue that imbeds into surfaces, e.g. furniture, carpet, clothing, skin, etc., when it reacts with nitrous acid, a common indoor air pollutant, forms dangerous carcinogenic tobacco-specific nitrosamines (TSNAs), such as NNN and NNK. Best regards, Karen Blumenfeld May 10, 2010 09:50:01 AM, smokefreecasinos-talk@googlegroups.com wrote: Actually,there's no control over what manufacturers of ECigs decide to put intheir products. FDA reported that one brand actually had ethyleneglycol in it, while apparently others used propylene glycol. And asfar as nicotine goes, remember that it's a poison, and will be exhaledon the breath of smokers, along with whatever "flavoring agents" areput in these devices. Jim Cowan, Stanley R. wrote: It is not ethylene glycol, but propylene glycol that is used in the e-cigarettes.>From my days as a sanitarian and inspecting dairy and food plants, propylene glycol was a food grade anti-freeze used in heat exchangers for quickly heating or cooling liquid food products. The FDA has listed propylene glycol as "generally recognized as safe." Take a look at the label on imitation vanilla flavoring in your cupboard and you will see that propylene glycol is a primary ingredient.Propylene glycol is safe to ingest. But, it is not known if it is safe to heat into a vapor and inhale. Heating a substance can drastically change its characteristics. This is what FDA is worried about and thus cannot currently determine if the vapor from an e-cigarette is safe.________________________________From: smokefreecasinostalk@googlegroups.com [smokefreecasinos-talk@googlegroups.com] On Behalf Of Smoke-Free Gaming [smokefreegaming@yahoo.com]Sent: Saturday, May 08, 2010 6:17 PMTo: smokefreecasinostalk@googlegroups.comSubject: RE: The vapor in E-CigarettesRE: Electronic CigarettesI met a former sales person for e-cigarettes in Las Vegas and he told me that anti-freezeand two other chemicals (he couldn't remember the names) are in the vapor in the e-cigarettes but that he was told by the company to tell the public it was just water vapor.According to Wikipedia:Ethylene glycol (IUPAC name: ethane-1,2-diol) is an organic compound widely used as an automotive antifreeze and a precursor to polymers. In its pure form, it is an odorless, colorless, syrupy, sweettasting liquid. Ethylene glycol is toxic, and ingestion can result in death.StephanieSMOKE-FREE GAMINGStephanie Steinberg730 W. Hampden Ave., #301Englewood, CO 80110303-781-5588 Business303-781-5597 Fax303-819-3131 CELL http://www.smokefreegaming.org"Breathing is not a choice."--- On Fri, 5/7/10, repace wrote:From: repace Subject: Re: Louisiana updateTo: smokefreecasinos-talk@googlegroups.comDate: Friday, May 7, 2010, 6:19 PMthanks, Bronson. We're going to test the E-cigs that Foxwoods is selling... JimBronson Frick wrote:Casino smoking ban rejected by House committeeNew Orleans (LA) Times Picayune, 2010-05-06Jan Moller, The TimesPicayunehttp://www.nola.com/politics/index.ssf/2010/05/effort_to_broaden_indoor_smoki.htmlThe effort to broaden Louisiana's indoor smoking ban appears to be dead for the session after a House committee this morning shelved legislation to require non-smoking areas on riverboat casinos.The action by the House Health and Welfare Committee
file:///C|/...isc%201/Conley%20request%201/The%20vapor%20in%20E-Cigarettes%20-%203rdhand%20smoke%20issues%20(consult).html[8/19/2011 2:33:52 AM]

on House Bill 1323 sends a clear signal that committee members are in no mood to follow their counterparts in the Senate, where the health committee voted unanimously last week to ban smoking in bars and casinos.The House bill by Rep. Rick Nowlin, R-Natchitoches, was far less comprehensive than the Senate measure, but still drew strong opposition from casinos and a lobbyist for the tavern industry, who said he feared it would be amended on the House floor to ban smoking in bars.also in the news.....Electronic cigarettes for sale at FoxwoodsBattery-powered devices have raised safety questionsThe Day (New London, CT), 2010-05-07Brian Hallenbeckhttp://www.theday.com/article/20100507/BIZ02/305079921/1018Retail stores at Foxwoods Resort Casino and MGM Grand at Foxwoods may be among the first in the state to sell electronic cigarettes, devices that have been making inroads with the public despite questions about whether they're safe.Cigotine, the Providence-based company that began offering its products at Foxwoods last month, also plans to start selling them next week from a kiosk inside Crystal Mall, the company's chief executive officer said Thursday. A spokesman for mall management confirmed the kiosk will open May 15. . . .Connecticut Attorney General Richard Blumenthal, who vowed last year to fight retail sales of e-cigarettes, said Thursday their safety remains questionable. "We've warned consumers to be very wary of these products," he said. "We're continuing our investigation to determine what steps can and should be taken to protect the public."Blumenthal, who said his office has received no complaints about e-cigarettes, has also advocated for an eventual outright ban on smoking at the state's tribally owned casinos, which currently limit smoking to certain gaming areas under agreements worked out with Gov. M. Jodi Rell.************************************************Bronson FrickAssociate DirectorAmericans for Nonsmokers' Rights2530 San Pablo Ave., Ste. JBerkeley, CA 94702510.841.3032 office510.932.1109 mobilebronson.frick@no-smoke.orgwww.no-smoke.org[http://sphotos.ak.fbcdn.net/photos-aksf2p/v231/62/11/10381469571/n10381469571_770783_5105.jpg] Are you a member of ANR? If not, please join us today. Our work depends on members like you!--You received this message because you are subscribed to the Google Groups "smokefreecasinos-talk" group.To post to this group, send email to smokefreecasinostalk@googlegroups.com.To unsubscribe from this group, send email to smokefreecasinostalk+unsubscribe@googlegroups.com.For more options, visit this group at http://groups.google.com/group/smokefreecasinos-talk?hl=en.--You received this message because you are subscribed to the Google Groups "smokefreecasinos-talk" group.To post to this group, send email to smokefreecasinostalk@googlegroups.com.To unsubscribe from this group, send email to smokefreecasinostalk+unsubscribe@googlegroups.com.For more options, visit this group at http://groups.google.com/group/smokefreecasinos-talk?hl=en.--You received this message because you are subscribed to the Google Groups "smokefreecasinos-talk" group.To post to this group, send email to smokefreecasinostalk@googlegroups.com.To unsubscribe from this group, send email to smokefreecasinostalk+unsubscribe@googlegroups.com.For more options, visit this group at http://groups.google.com/group/smokefreecasinos-talk?hl=en. -You received this message because you are subscribed to the Google Groups "smokefreecasinos-talk" group. To post to this group, send email to smokefreecasinos-talk@googlegroups.com. To unsubscribe from this group, send email to smokefreecasinos-talk+unsubscribe@googlegroups.com. For more options, visit this group at http://groups.google.com/group/smokefreecasinos-talk?hl=en. -You received this message because you are subscribed to the Google Groups "smokefreecasinos-talk" group. To post to this group, send email to smokefreecasinos-talk@googlegroups.com. To unsubscribe from this group, send email to smokefreecasinos-talk+unsubscribe@googlegroups.com. For more options, visit this group at http://groups.google.com/group/smokefreecasinos-talk?hl=en.

file:///C|/...isc%201/Conley%20request%201/The%20vapor%20in%20E-Cigarettes%20-%203rdhand%20smoke%20issues%20(consult).html[8/19/2011 2:33:52 AM]

Campaign for Tobacco-Free Kids

From:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Brian at Tobacco-Free Kids <brian@tfk.org> Sent:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Thursday, June 17, 2010 5:14 PM To:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Hahn, Ellen J Subject:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Tobacco companies and their tricks

Tobacco companies continue to try to deceive the public. They are seeking to evade an important part of the new FDA tobacco law: the ban on using misleading descriptors like "light," "mild," and "low tar." Their latest trick? Color coded packs...with the former "regular" cigarettes in darker boxes and the so-called "light" cigarettes in light colored boxes. A child could figure it out... perhaps that is what they are counting on. Of course, you and I know that THERE IS NO SAFE CIGARETTE! Please sign the “THERE IS NO SAFE CIGARETTE†petition telling the FDA to aggressively monitor and end practices that continue to mislead consumers. The Campaign has already submitted our comments to the FDA on this matter and now we need to add your voice to the choir of health advocates speaking out on Big Tobacco's latest trick. Please sign the “THERE IS NO SAFE CIGARETTE†petition Under the new law, the FDA has the authority to ban “similar descriptors†and stop other actions that explicitly (or implicitly) suggest that a particular brand is less harmful. It is critical that the FDA exercise its authority in order to protect consumers. Thank you.
file:///C|/...IA/Results/University%20of%20KY/disc%201/Conley%20request%201/Tobacco%20companies%20and%20their%20tricks html[8/19/2011 2:33:55 AM]

Campaign for Tobacco-Free Kids

Click here to contribute www.tobaccofreekids.org • 202.296.5469 1400 Eye Street, NW, Suite 1200 • Washington, D.C. 20005
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From:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Bill Godshall <smokefree@compuserve.com> Sent:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Wednesday, January 05, 2011 4:01 PM To:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Bill Godshall Subject:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Tobacco Harm Reduction Update (1/5/11) Smoking Cessation Want to Quit Smoking? FDA regulations make it harder to do
http://www.thereporter.com/opinion/ci_16972328

Quarter of a million visits to WhyQuit.com yesterday
http://whyquit.com:80/pr/010411 html

Electronic Cigarettes FDA Deputy Commissioner Josh Sharfstein to Resign
http://online.wsj.com/article/SB10001424052748704723104576061692596851936.html http://www.washingtonpost.com/wp-dyn/content/article/2011/01/04/AR2011010402572.html

Sharfstein led the FDA's campaign to protect cigarette markets by seizing and trying to ban far less hazardous smokefree alternative e-cigarettes, wasting taxpayers dollars on litigation against e-cigarette companies, refusing to promulgate regulations for e-cigarettes in accordance with the FSPTCA, and holding a July 22, 2009 press conference http://www fda.gov/downloads/NewsEvents/Newsroom/MediaTranscripts/UCM173405.pdf where the health risks and benefits of e-cigarettes and the FDA's lab tests were grossly misrepresented to scare the public, and where the products were falsely alleged to be target marketed to youth despite no evidence http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm173222.htm
http://www.e-cigarette-forum.com/forum/e-cigarette-news/92186-se-njoy-vs-fda-discussion-121.html#post2360957

NJOY files "Opposition to Motion for Stay Pending Disposition of Petition for Rehearing and Rehearing En Banc"

Medsafe warns company to stop helping smokers reduce health risks (NZ)
http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10697207

Sales of electronic cigarettes rise (Europe)
http://news.yahoo.com/s/afp/francehealthtobacco

Smokers turn to e-cigarettes as they try to quit (Wyoming)

http://www.gillettenewsrecord.com/articles/2011/01/02/news/today/news06.txt

Haze of controversy surrounds electronic cigarettes (Virginia)

http://hamptonroads.com/2010/12/haze-controversy-surrounds-electronic-cigarettes?cid=mc

E-Cigarettes a Boon for People Trying to Minimize Lung Damage by Smoking More false claims and fearmongering about e-cigarettes by another MD
http://pediatrics.jwatch.org/cgi/content/full/2010/1110/1?eaf

http://www.google.com/hostednews/ap/article/ALeqM5hzVsXeTDeTwmBnhaw7SWbMVbtuKQ?docId=4287edad59ca473cb25d159ca4a50708

Smokeless Tobacco Star Announces Development of Ultra-Low Carcinogen Moist Snuff Tobacco Product
http://phx.corporate-ir net/phoenix.zhtml?c=105863&p=irol-newsArticle&ID=1512306&highlight= http://www.google.com/hostednews/ap/article/ALeqM5hzVsXeTDeTwmBnhaw7SWbMVbtuKQ?docId=4287edad59ca473cb25d159ca4a50708

file:///C|/...esults/University%20of%20KY/disc%201/Conley%20request%201/Tobacco%20Harm%20Reduction%20Update%20(1511).html[8/19/2011 2:33:56 AM]

Camel Snus Ads Tell Smokers to Switch

http://www.acsh.org/factsfears/newsID.2204/news_detail.asp

http://www.google.com/hostednews/ap/article/ALeqM5hvIvQJqw00EQHOyountXACtzghoA?docId=cfeefd56ba014c21b87d758030703df2

AP editorializes against Reynolds ads urging smokers to switch to Camel Snus Smokefree Air No more smoking on US submarines Health Warnings Canada to require new larger warnings on cigarette packs
http://www.tribune-georgian.com/articles/2010/12/30/news/top stories/1topstory12.31.txt

http://www.reuters.com/article/idUSTRE6BT31P20101231 http://www.theglobeandmail.com/news/politics/new-cigarette-warnings-include-deathbed-photo-of-lung-cancer-victim/article1852960/

Citing FCLAA preemption, US judge strikes down NYC warnings for tobacco retail outlets

http://docs.justia.com/cases/federal/district-courts/new-york/nysdce/1:2010cv04392/363727/63/ http://www.bloomberg.com/news/2010-12-29/federal-judge-snuffs-new-york-city-rule-requiring-smoking-cessation-signs.html http://www.nytimes.com/2010/12/30/nyregion/30smoking html http://www.dailyfinance.com/story/new-york-anti-smoking-ads-rule-snuffed-out-by-judge/19781506/

NYC will appeal judge's ruling

http://blogs.wsj.com/health/2010/12/30/nyc-will-appeal-judges-decision-on-anti-smoking-posters/

Bill Godshall Executive Director Smokefree Pennsylvania 1926 Monongahela Avenue Pittsburgh, PA 15218 412-351-5880 FAX 412-351-5881 smokefree@compuserve.com

"I know no safe depository of the ultimate powers of the society but the people themselves, and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them but to inform their discretion." Thomas Jefferson

file:///C|/...esults/University%20of%20KY/disc%201/Conley%20request%201/Tobacco%20Harm%20Reduction%20Update%20(1511).html[8/19/2011 2:33:56 AM]

From:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Bill Godshall <smokefree@compuserve.com> Sent:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Monday, February 28, 2011 4:27 PM To:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Bill Godshall Subject:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Tobacco Harm Reduction Update (2/28/11) FDA TPSCA
http://www2.journalnow.com/news/2011/feb/26/wsmain01-rjr-and-lorillard-sue-federal-agencies-ar-814830/ http://www2.journalnow.com/mgmedia/file/111/lorillard-reynolds-vs-fda/ (full text of 72 page complaint) http://uk reuters.com/article/2011/02/26/lorillard-fda-lawsuit-idUKN2513891620110226?type=companyNews http://investors.lorillard.com/phoenix.zhtml?c=134955&p=irol-newsArticle&ID=1533216&highlight=

Reynolds & Lorillard sue FDA over TPSAC member's conficts of interest, menthol and smokeless tobacco

CRE: FDA Tobacco Advisory Committee 'Grasping at Straws' Electronic Cigarettes

http://www.prnewswire.com/news-releases/fda-tobacco-advisory-committee-grasping-at-straws-116972078 html

By 10-4 vote, Utah House Cmte rejects bill to ban sales of flavored e-cigarettes and smokeless tobacco products, bill sponsor continues falsely calling tobacco and nicotine products "candy" in attempt to ban their sale to adults
http://www.onlineprnews.com:80/news/111060-1298736253-consumer-advocates-applaud-utah-house-committee-decision-about-safer.html http://le.utah.gov/~2011/bills/hbillint/HB0170S01 ComparedWith HB0170.pdf http://www.heraldextra.com/news/local/govt-and-politics/legislature/article 50694716-85c8-5577-ae9f-e2332f72c201 html http://kcpw.org/blog/local-news/2011-02-27/ray-vows-to-fight-on-after-nicotine-candy-ban-is-rejected/ http://www.standard net/topics/utah-legislature/2011/02/25/bill-ban-candy-tobacco-snuffed-out

Is ban on e-cigarettes on planes necessary?

http://www.mlive.com/health/index.ssf/2011/02/feds to formally ban e-cigaret html

Special Report: Can E-Cigs Help You Kick Smoking For Good (GHSU doctor Janie Heath misrepresents scientific evidence)
http://www2.wagt.com/news/2011/feb/24/special-report-can-e-cigs-help-you-kick-smoking-go-ar-1501805/

Arizona legislation would ban e-cigarette sales to minors, SB 1280 in Senate Rules Committee
http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=SB1280&Session_ID=102 http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/50leg/1r/bills/sb1280s.htm http://www.azleg.gov/CommitteeInfo.asp?Committee_ID=66&Legislature=50&Session_ID=102 http://www.eastvalleytribune.com/local/health/article_c5d30702-406d-11e0-9e9f-001cc4c002e0.html

Smokeless Tobacco Products David Berry: Anti-smoking zealots need to get practical Seizing Smokeless Opportunities
http://www.oregonlive.com/opinion/index.ssf/2011/02/giving_the_hook_to_hookah_bars html

http://www.csdecisions.com/2011/02/24/seizing-smokeless-opportunities-2/

Altria companies to test market new smokeless tobacco stick Cigarette Litigation $3M Punitive Damages Awarded in Huish Tobacco Trial

http://www2.timesdispatch.com/business/business/2011/feb/24/tdbiz01-altria-companies-to-test-new-smokeless-tob-ar-863626/

http://info.courtroomview.com/Blog/bid/54684/3M-Punitive-Damages-Awarded-in-Huish-Tobacco-Trial

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http://www.madisonrecord.com/news/233641-tillery-given-fresh-start-on-10-billion-tobacco-class-action# http://www.stltoday.com/news/local/crime-and-courts/article f17efb1b-852b-5356-9dc1-67b530dc4e76 html

$10 billion "Lights" cigarette class action lawsuit revived

U.S. Presses Tobacco Firms to Admit to Falsehoods About Light Cigarettes and Nicotine Addiction
http://www.nytimes.com/2011/02/24/health/24tobacco.html? r=1 http://graphics8.nytimes.com/packages/pdf/business/tobaccostatements.pdf http://www.businessweek.com/ap/financialnews/D9LJ9A8G1 htm http://www.reuters.com/article/2011/02/24/tobacco-idUSN2319403220110224

Why Big Tobacco Will Enjoy Admitting It Lied in “Corrective†Ads Smoking Cessation Products

http://www.bnet.com/blog/advertising-business/why-big-tobacco-will-enjoy-admitting-it-lied-in-8220corrective-8221-ads/7717

Reynolds American and Niconovum: Strategic Acquisition or Waste of Free Cash?
http://www.azleg.gov/CommitteeInfo.asp?Committee ID=66&Legislature=50&Session ID=102

How safe is celery ... really ...

http://smokles.wordpress.com/2011/02/21/how-safe-is-celery-really/#comment-1473

Bill Godshall Executive Director Smokefree Pennsylvania 1926 Monongahela Avenue Pittsburgh, PA 15218 412-351-5880 smokefree@compuserve.com

file:///C|/...sults/University%20of%20KY/disc%201/Conley%20request%201/Tobacco%20Harm%20Reduction%20Update%20(22811) html[8/19/2011 2:33:57 AM]

From:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Bill Godshall <smokefree@compuserve.com> Sent:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Wednesday, March 02, 2011 6:40 PM To:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Bill Godshall Subject:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Tobacco Harm Reduction Update (3/2/11) Cigarettes Menthol Not Shown to Raise Health Risks of Smoking, U.S. Draft Report Says Draft Chapter 3: The Physiological Effects of Menthol Cigarettes
http://www.bloomberg.com/news/2011-02-28/menthol-cigarettes-not-proven-to-raise-health-risks-panel-says.html?cmpid=yhoo
http://www.fda.gov/downloads/AdvisoryCommittees/CommitteesMeetingMaterials/TobaccoProductsScientificAdvisoryCommittee/UCM244975.pdf

Draft Chapter 6: Effects of Menthol on the Disease Risks of Smoking

http://www.fda.gov/downloads/AdvisoryCommittees/CommitteesMeetingMaterials/TobaccoProductsScientificAdvisoryCommittee/UCM244977.pdf

Meta analysis confirms that youth smoking is highly corrolated with parental and sibling smoking
http://thorax.bmj.com/content/early/2011/02/15/thx.2010.153379.abstract

CIGARETTE WARS Will Premiere on CNBC tonight at 9pm ET http://www.cnbc.com/id/41475399 What About 'Corrective Statements' for the Government?
http://reason.com/blog/2011/02/28/what-about-corrective-statemen

Taxation WV Senate Finance Cmte rejects (9-8) bill to increase cigarette tax from $.55 to $1.50 per pack, and increase smokeless tobacco tax from 7% to 50% (of wholesale price)
http://www.statejournal.com/story.cfm?func=viewstory&storyid=95118

Smokeless Tobacco RJ Reynolds runs two more Camel Snus ads urging smokers to try
http://www.snuscentral.org:80/scia/camel-snus-no-drama-snus-ads-2011 html

Study finds white male smokers age 18-35 who don't plan to quit are most likely to try using snus in 3 test market cities in US
http://ajph.aphapublications.org/cgi/content/abstract/AJPH.2010.200097v1

Study finds Swedish Snus significantly reduces cravings among male smokers
http://onlinelibrary.wiley.com/doi/10.1002/hup.1170/abstract

New ALF ad falsely portrays flavored smokeless tobacco products as hazardous as cigarettes
http://multivu.prnewswire.com/mnr/legacyforhealth/47243/

Wyoming leads nation in smokeless tobacco use (WY Health Dept misrepresents smokeless tobacco health risks, claims smokeless "not a safe or acceptable alternative to smoking")
http://www.laramieboomerang.com/articles/2011/02/25/news/doc4d6736ba73876465159661.txt

Electronic Cigarettes CRE: A note to the e-cigarette community
http://www.thecre.com/tpsac/?p=1132

CRE: A Public Participation Forum for the FDA Advisory Committee (TPSAC)

file:///C|/...esults/University%20of%20KY/disc%201/Conley%20request%201/Tobacco%20Harm%20Reduction%20Update%20(3211).html[8/19/2011 2:33:58 AM]

http://www.thecre.com/tpsac/?p=1027#comments

Should e-cigarettes be allowed on planes? Nicotine Drugs

http://voices.washingtonpost.com/checkup/2011/02/should_e-cigarettes_be_allowed.html

Chew On This; Sticking With Nicotine Gum for the Long Haul

http://online.wsj.com:80/article_email/SB10001424052748703749504576172380613419382-lMyQjAxMTAxMDIwODEyNDgyWj.html

Has a Tobacco Company Stumbled on an Alzheimer’s Cure?

http://www.investorplace.com/32191/star-scientific-tobacco-alzheimers-cure-treatment-anatabine-cigrx/ http://c na4.content.force.com/servlet/servlet.EmailAttachmentDownload? q=OZMo9n5gI%2Bxly1v7jfldyTMLm%2F4XdRjXhD9nguRRMEGXp10%2FGsmZdRY2VSNKOGECw8tr4ticswZhx6bNlnA6GA%3D%3D

Tobacco/Nicotine Prohibition Now its Oregon: another shot at a ban without calling it such
http://smokles.wordpress.com/2011/02/27/now-its-oregon-another-shot-at-a-ban-without-calling-it-such/

Bill Godshall Executive Director Smokefree Pennsylvania 1926 Monongahela Avenue Pittsburgh, PA 15218 412-351-5880 smokefree@compuserve.com

file:///C|/...esults/University%20of%20KY/disc%201/Conley%20request%201/Tobacco%20Harm%20Reduction%20Update%20(3211).html[8/19/2011 2:33:58 AM]

From:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Bill Godshall <smokefree@compuserve.com> Sent:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Thursday, April 07, 2011 4:59 PM To:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Bill Godshall Subject:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Tobacco Harm Reduction Update (4/7/11) Electronic Cigarettes FDA has changed its import policy, and no longer refuses shipments of e-cigarettes that do not make therapeutic claims. FDA and NJOY file memos opposing intervention motion by Smoking Anywhere (in NJOY v FDA)
http://www.e-cigarette-forum.com/forum/legislation-news/92186-se-njoy-vs-fda-discussion-201.html#post2952904

Vaporcast interviews Jonathan Foulds, Carl Phillips and Bill Godshall at Philly Vapefest CDC gives federal funds to groups that lobby for laws not based on health science
http://thehill.com/blogs/congress-blog/healthcare/153625-obamacares-big-bucks

http://vaporcast.com/audio files smbl/VaporCast%20-%20VapeFest%20Philly%20Volume%202%20-%20Health.mp3

Madison County (KY) Health Board protects cigarette markets and abuses its authority by banning indoor e-cigarette usage despite no known public health risk
http://www.kentucky.com/2011/04/07/1699293/madison-county-health-board-bans.html#

Smokeless Tobacco Former baseball player/manager strikes out on smokeless tobacco health risks in attempt to ban player usage
http://www.nytimes.com/2011/03/31/opinion/31Valentine.html? r=1

Dissolvable Tobacco Iowa bill to ban sale of dissolvable tobacco products dies after health advocates expose misinformation by supporters
http://www.dailyiowan.com/2011/04/01/Metro/22541.html#

Indiana legislature approves bill to ban sale of dissolvable tobacco products to minors
http://www.in.gov/legislative/bills/2011/HE/HE1405.1.html

Altria Smokeless Tobacco Sticks

http://www cspnet com/ME2/Audiences/dirmod asp? sid=&nm=&type=Publishing&mod=Publications%3A%3AArticle&mid=8F3A7027421841978F18BE895F87F791&tier=4&id=88EBF89318C74BE99D13B8132567522F&AudID=6C81F2B488CE41838BC84AF1AE2AF9CD

New Tobacco/Nicotine Products British American Tobacco creates Nicoventures to develop new nicotine products
http://www.bat.com/group/sites/UK 3MNFEN.nsf/vwPagesWebLive/DO8FLL93?opendocument&SKN=1 http://www.bat.com/group/sites/uk__3mnfen.nsf/vwPagesWebLive/DO8FLL93/$FILE/medMD8FNE7K.pdf?openelement http://www.industryleadersmagazine.com/british-american-tobacco%E2%80%99s-new-tobacco-free-nicotine-nicoventures/ http://www.bloomberg.com/news/2011-04-05/bat-creates-division-to-make-safer-alternative-to-cigarettes.html http://www.acsh.org/factsfears/newsID.2510/news_detail.asp

Smokefree Air Apartment Management touts benefits of smokefree policies
http://www.nxtbook.com/nxtbooks/naylor/CADS0211/#/0

Tobacco/Nicotine Regulation Scott Ballin presents at Food Drug and Law Insititute conference: "Towards A More Rational Approach to Bringing Tobacco, Nicotine and Alternative Products Regulation into the 21st Century"
http://vapersforum.com/showthread.php?p=625387#post625387

The Future Of Tobacco Control Legislation, Smokeless Tobacco, And 'Safer' Cigarettes
http://www.marketresearchworld.net/index.php?option=com_content&task=view&id=3906&Itemid=76

FDA Pushed To Define Scope, Line Between Drug And Tobacco Products

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By Alaina Busch FDA Weekly March 31, 2011 A key Democratic lawmaker and a stakeholder group are urging FDA to close loopholes in the Tobacco Control Act that enable exemptions for certain tobacco goods, with the agency saying it is still considering its options for some tobacco-derived products as it defines the line between tobacco and drug products. FDA, citing current limitations in the law, recently said it could not to regulate dissolvable tobacco lozenges from a tobacco company, a decision that drew the ire of an anti-tobacco group, while a tobacco policy expert contends that drug companies could seize on the agency's conclusion to market their smoking-cessation goods without certain warnings or claims. As part of this debate on how to draw FDA's jurisdictional lines for tobacco, some lawmakers are pressing the agency to expand the ban on clove cigarettes to cigars, which are not explicitly covered under the law. The issue also plays into how FDA will balance the interests of the drug and tobacco industries (see FDA Week March 4). FDA recently indicated that it would not yet expand its jurisdiction over tobacco to also subsume dissolvable tobacco products. Star Scientific applied for modified risk tobacco status for its ARIVA-BDL and STONEWALL-BDL dissolvable tobacco products last year, but FDA said last week that the products did not fall under requirements for cigarettes, cigarette tobacco, smokeless tobacco and roll-yourown tobacco, which are currently subject to the law, according to the company. The agency's decision could open the market to other tobacco or drug companies to market their dissolvable or smoking cessation products without warnings, which are required for tobacco, said Bill Godshall executive director of Smokefree Pennsylvania. Drug companies have run clinical trials to make therapeutic claims to market similar tobacco products aimed at helping smokers quit, but these products must also include risk information, as they are regulated as pharmaceuticals. Drug companies could also have a piece of the market without stringent premarket and treatment controls, provided they drop the claims that their products help smokers quit, Godshall said. The recommended course of treatments for these nicotine replacement therapies are 10 to 12 weeks, but recovering smokers often use the products longer, which is considered an off-label use, Godshall said. By marketing without therapeutic claims, drug companies would also not have to warn consumers to only use the products for a limited time, he added. "I don't see the drug companies doing that because this is a public relations issue for them," he said. "They don't want to be viewed as another competitor in the tobacco industry." While the agency has explicit powers to regulate the products stated in the law, the statute gives it the authority to draft regulations for all tobacco-derived products, provided the agency proves the requirements would be beneficial to public health, said Godshall. "The burden of proof is on the FDA now," he said. FDA's Star Scientific decision was met with criticism from the Campaign for Tobacco-Free Kids, which said the products meet FDA's definition of smokeless tobacco and are explicitly regulated by the law. "The FDA has created a loophole where no loophole existed in the law and issued an invitation to tobacco companies to introduce new unregulated tobacco products," according to the group's president Matthew Myers. "This is exactly what Congress sought to prevent when it passed the 2009 law granting the FDA authority over tobacco products. The FDA should reverse course and close this dangerous loophole immediately." The law outlines a schedule of studies to be conducted on various topics regarding the public health implications of regulating or banning certain products. Like the agency's recent analysis of menthol cigarettes, FDA's Tobacco Products Scientific Advisory Committee will next study dissolvable tobacco. "They can still promulgate regulations and I anticipate they're going to," Godshall said. FDA is grappling with establishing the boundaries between tobacco and other regulated products, including drugs and devices. The agency has pending litigation over its decision to regulate electronic cigarettes as medical devices, with federal courts saying the products are derived from tobacco and should be subject to those regulations. "FDA recognizes there are uncertainties regarding the regulatory status of a variety of nicotine-containing products derived from tobacco; more specifically, whether these products are regulated as drugs or tobacco products," the agency said in response to its Star Scientific decision. Aside from electronic cigarettes, FDA could expand its control over products like pipe tobacco and cigars, Godshall said. Clove flavored cigars drew the attention of Rep. Henry Waxman (D-CA), ranking member of the House Energy and Commerce Committee, who encouraged the agency to take advantage of the discretion allowed by the law to ban these products. In letter Monday (March 28) to FDA Commissioner Margaret Hamburg, he said the lead manufacturer of clove cigarettes, Kretek International, switched its clove cigarettes to cigars to circumvent FDA oversight. Citing company documents from 2007, Waxman said company executives -- in anticipation of a ban -- started the process of switching the
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products to cigars. They did not plan to change the product formulation, but would not use a paper wrapper, thereby evading the definition of cigarette, according to Waxman. "I recognize that there are historical differences between cigarettes and cigars," according to the letter. "Congress recognized these differences by requiring FDA to ban flavored cigarettes, while giving FDA discretion to decide whether to ban flavored cigars. In this case, however, Kretek is exploiting the distinction to keep its dangerous product on the market." The company did not respond to a request for comment. With passage of the law, Congress instituted a ban on all cigarette flavoring, aside from menthol. While the legislation gives FDA the power to ban flavored products, it cannot enact a complete ban on nicotine or all cigarettes.
Bill Godshall Executive Director Smokefree Pennsylvania 1926 Monongehela Avenue Pittsburgh, PA 15218 412-351-5880 smokefree@compuserve.com

file:///C|/.. 20Conley/Desktop/FOIA/Results/University%20of%20KY/disc%201/Conley%20request%201/Tobacco%20Harm%20Reduction%20Update%20(4711).html[8/19/2011 2:33:59 AM]

From:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Bill Godshall <smokefree@compuserve.com> Sent:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Thursday, May 05, 2011 5:25 PM To:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Bill Godshall Subject:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Tobacco Harm Reduction Updates (5/5/11) FDA on Electronic Cigarettes After stating it would comply with Judge Leon's court ruling last week http://www.fda.gov/NewsEvents/PublicHealthFocus/ucm252360.htm , FDA website continues to misstate the law via legally defective 2009/2010 agency documents that falsely claim e-cigarettes are unapproved drug devices and are target marketed to youth, and that misrepresent the health risks of e-cigarettes and the agency's retaliatory lab report on SE & NJOY products http://www.fda.gov/NewsEvents/PublicHealthFocus/ucm172906.htm
http://reason.com/blog/2011/05/02/e-cigarettes-will-remain-legal

Jacob Sullum: E-cigarettes will remain legal

E-cigarette distributors fired up over recent FDA announcement E-cigarettes (State/Local)

http://www.reporternews.com/news/2011/apr/27/e-cigarette-distributors-fired-up-over-recent/

Tacoma-Pierce County (WA) Health Board wisely considers banning e-cigarette sales to minors, but also considers banning e-cigarette usage everywhere smoking is banned (despite no evidence that smokefree e-cigarettes pose any health risks to users or nonusers, and despite evidence that hundreds of thousands of smokers have quit and/or sharply reduced cigarette consumption by switching to e-cigarettes).
http://www.tpchd.org/health-wellness-1/tobacco-prevention-control/tobacco-regulations/ http://www.thenewstribune.com/2011/05/05/v-lite/1653162/apply-cigarette-ban-to-vaping html

E-cigarettes in New York City: NVC president Spike Babaian advocates e-cigarettes as less hazardous alternatives for smokers, while e-cigarette prohibitionist Dr. Jonathan Whiteson falsely claims products are as hazardous as cigarettes
http://vimeo.com/23026458 http://scienceline.org/2011/04/e-cigarettes-in-new-york-city/

Modified Risk Tobacco Products IOM Committee on Scientific Standards for Studies on Modified Risk Tobacco Products to meet again Monday
http://iom.edu/Activities/PublicHealth/ModifiedRiskTobacco/2011-MAY-09/Agenda.aspx

invites so-called Public Health Representatives Panel comprised solely of drug industry funded organizations that have lobbied to promote and subsidize NRT products by exaggerating their health benefits, while simultaneously lobbying to ban nearly identical smokefree tobacco products (but keep far more hazardous cigarettes legal) and/or tax them at the same rate as cigarettes (to prevent smokers from switching) by grossly exaggerating their health risks and by alleging that new and flavored smokefree tobacco products (but not flavored NRT) are target marketed to youth (even though doing so is already strictly prohibited by the MSA and by federal/state/local laws). Smokeless Tobacco On Huffington Post, Glenn Braunstein falsely claims smokeless tobacco usage "risks just as serious and severe as smoking," makes many other inaccurate statements, and then deletes corrective comment posted by Brad Rodu

http://www.huffingtonpost.com/glenn-d-braunstein-md/smokeless-tobacco-dangers-mlb-ban b 850555 html

Dissolvable Tobacco $2 million federal grant spent by Linn County (IA) to misrepresent health risks of dissolvable smokefree tobacco
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products, falsely claim products are target marketed to youth, and lobby for banning sales to adult smokers
http://www.therepublic.com/view/story/5c46843b5b9f4ce08739e035074233a5/IA--Linn-County-Tobacco-Restrictions/

Cigarettes Califano and Sullivan urge FDA to ban menthol cigarettes, fail to address creation of an unregulated untaxed black market
http://www.mysanantonio.com/news/article/Navajo-Nation-president-awaits-word-on-smoking-ban-1357027.php

Smokefree Air Navajo president's smoking ban not enforceable Research Tobacco-derived compound prevents memory loss in Alzheimer's disease mice
http://www.eurekalert.org/pub releases/2011-04/uosf-tcp042711.php http://www.mysanantonio.com/news/article/Navajo-Nation-president-awaits-word-on-smoking-ban-1357027.php

Bill Godshall Executive Director Smokefree Pennsylvania 1926 Monongahela Avenue Pittsburgh, PA 15218 412-351-5880 smokefree@compuserve.com To unsubscribe from this list, please send a reply stating "unsubscribe".

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From: Sent: To: Cc: Subject:

Hahn, Ellen J Tuesday, November 16, 2010 3:01 PM GeralynK@CO.SAINT-CROIX.WI.US Beatty, Anthany; Blackford, Ann; Blanton, Jay UK's tobacco-free policy

Good afternoon, Geralyn, We are happy to talk with you about compliance with our policy. Our policy is located on our website: www.uky.edu/tobaccofree . Our policy does include e-cigarettes and you can see the actual language if you click on the Policy Tab. Compliance is a challenge but we are doing pretty well. You can see a link to our week-long anniversary events this week (it has been one year since we implemented the policy). http://uknow.uky.edu/content/uk-celebrates-tobacco-free-campus-anniversary We are happy to chat further with you, Ellen
From: Geralyn Karl [GeralynK@CO.SAINT-CROIX.WI.US] Sent: Tuesday, November 16, 2010 2:25 PM To: UKPR@LSV.UKY.EDU Subject: 'Comments on the Tobacco-Free Campus' Good Afternoon, My name is Geralyn Karl and I work with the Tobacco Prevention and Control Program in Wisconsin. Currently, we are working on a tobacco free campus policy for the University of Wisconsin – River Falls. How is your policy coming along – enforcement issues? Self regulating, are students and staff actually addressing the issue when they see violations? Can you share what’s happening with the e-cig? It is not allowed in classrooms, right? How as that languaged? Thanks for your time and congratulations! Geralyn Karl

Ellen J. Hahn, PhD, RN Professor and Director, Tobacco Policy Research Program Director, Kentucky Center for Smoke-free Policy Assistant Director, Center for Biobehavioral Research in Self-Management of Cardiopulmonary Disease University of Kentucky College of Nursing and College of Public Health 751 Rose Street Lexington, KY 40536-0232 859-257-2358 859-323-1057 (FAX) ejhahn00@email.uky.edu www.mc.uky.edu/tobaccopolicy www.kcsp.uky.edu Find kysmokefree on Twitter and Facebook !

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50_CoN_celebrate_date_oop-email

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From: Owens, Kelly S (LHD - Madison Co) <KellyS.Owens@ky.gov> Sent: Monday, January 24, 2011 10:28 AM To: Hawkins, Ruth R (LHD-Madison Co); Crewe, Nancy M (LHD-Madison Co); Riker, Carol A; Hahn, Ellen J Follow Up Flag: Follow up Flag Status: Flagged http://www.hsph.harvard.edu/centers-institutes/population-development/files/article.jphp.pdf This is another article being cited by the "e-cigarette movement." (link from their Facebook/Twitter pages) Kelly S. Owens, MPH, CHES Tobacco Prevention and Cessation Specialist/Health Educator II Madison County Health Department 1001 Ace Drive Berea, KY 40403 (859) 228-2043 Web Address: www.madison-co-ky-health.org Need Help Quitting? http://www.becomeanex.org/

P Please consider the environment before printing this e-mail

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From: Owens, Kelly S (LHD - Madison Co) <KellyS.Owens@ky.gov> Sent: Monday, February 14, 2011 8:47 AM To: Hawkins, Ruth R (LHD-Madison Co); Jordison, Lloyd (LHD-Madison Co); Magsaysay, Deborah (LHD-Madison Co); Green, Christie L (LHD-Madison Co); Crewe, Nancy M (LHD-Madison Co); Hahn, Ellen J; Riker, Carol A; Robertson, Heather E; Centers, Irene (CHFS HPB-Health Promotions) Subject: WEKU: E-Cigarettes Spark Debate in Kentucky (2011-02-14) http://www.publicbroadcasting.net/weku/news.newsmain/article/0/1/1761704 /Central.and.Eastern.Kentucky/E-Cigarettes.Spark.Debate.in.Kentucky

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