ANR UPDATE, 26(2), Summer 2007
Historic Year for State Laws
A whopping thirty municipalities and four states have enacted strong smokefree laws so far this year - with more on the way. Smokefree efforts in these states (see below) have been underway for decades. Congratulations to the organizations, ANR members, and lawmakers who worked so hard to make these health measures a reality!
New Mexico, Maryland, and Minnesota enacted the first strong 100% smokefree statewide laws of 2007. New Mexico's law takes effect on June 15, Minnesota's "Freedom to Breathe Act" is effective on October 1, and Maryland's law starts on February 1, 2008.
Illinois: The Land of Lincoln has made amazing smokefree progress. After the repeal of the state's preemption laws, which had stifled local activity for years, a flurry of smokefree activity led to 36 strong local smokefree laws over the past year and a half. Now, the state Legislature has passed a law making all indoor workplaces, including restaurants, bars, and casinos, smokefree statewide. If signed by the governor, it will take effect on January 1, 2008.
Local Laws Are Foundation for Success in States
These statewide victories were possible due to the foundation created by years of hard work at the local level. Notably, the state laws include strong anti-preemption clauses, which maintain the right of local governments to enact their own smokefree laws for their communities.
Activity in Other States
South Carolina has seen unprecedented local activity recently. Nine communities enacted smokefree laws by early 2007, although two trial courts have issued conflicting rulings as to whether local communities can enact such laws. While most municipalities remain free to act pending a judicial resolution of the issue, advocates are fighting to defeat a preemption bill in the State Legislature.
Tennessee is considering several smokefree bills, including one sponsored by Governor Bredesen. Unfortunately, his bill would maintain the existing preemption of local laws, but others would restore local control. Support for smokefree air in Tennessee is growing, thanks to hard work by advocates and lawmaker champions. Also, Tennessee's First Lady Andrea Conte recently toured the state in support of smokefree legislation and has been instrumental in increasing awareness of the issue.
Virginia considered a bill for 100% smokefree restaurants and bars,
but it was severely weakened. When the legislature rejected Governor Kaine's
amendments to restore the bill's effectiveness, he vetoed it, thus preventing
enactment of a bad law.
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