ANR UPDATE, 30(4), Winter 2011

Smokefree Legislative Recap and Vision for 2012

At the state level, 2011 was a year of tough legislative challenges. A record number of states faced attempts to weaken smokefree laws; other states faced devastating cutbacks to tobacco control program funding and rollbacks to tobacco taxes. Efforts were underway in some states to enact new or expanded laws to provide smokefree protection in all workplaces and public places; thus far, however, no state has passed a 100% smokefree law in 2011, although 27 municipalities did enact such laws.

Unfortunately, state laws in Kansas, Nevada, and Oregon were weakened in varied degrees. Kansas created an exemption for certain annual charitable smoking events. Nevada expanded its exemption for freestanding bars by providing that food sales do not have to be incidental to alcohol sales, although the exemption only applies if minors are excluded. Oregon amended its exemption for smoke shops to require the creation of a smoke shop registry and created an exemption to allow performers to smoke non-tobacco products in theatrical productions.

Hawaii, Illinois, and Washington fought off bills that would have created an exemption to allow smoking in bars or other venues if the businesses paid for a special "smoking license"(a.k.a. "License to Kill"). Iowa, Michigan, Minnesota, and North Carolina also considered bills to weaken their laws, but none of these bills was successful.

Hawaii, Massachusetts, Missouri, and New York all faced "exempt and preempt" bills that would have permitted smoking in bars, cigar bars, or other venues, and prohibited communities from passing laws to get rid of these exemptions. Massachusetts' bill passed the legislature, but it was vetoed by the Governor. Missouri advocates were successful in defeating a bill that would have allowed businesses to apply for a "smoking section permit"and preempted local smokefree laws from including these businesses.

Texas, which recently celebrated the new San Antonio smokefree law, waged a tough campaign for a statewide smokefree law. Although the bill didn’t pass this time, the campaign resulted in tens of thousands of new supporters across the political spectrum. The Texas Legislature only meets during odd years, but cities don’t have to wait until 2013 for the Legislature to get its act together. Local governments can take action now to protect nonsmokers' rights.

California sought to strengthen its smokefree workplace law, which contains a number of loopholes that leave too many Californians exposed to secondhand smoke on the job, such as in workplaces with five or fewer employees, employee break rooms, and warehouses. The bill was weakened by tobacco-friendly legislators in the Senate, and then ran into additional legislative opposition in the House, where the bill is stalled until it can be addressed again in January.

Looking forward to 2012, we expect to see more cities and states consider enactment of smokefree laws. Unfortunately, we also expect to see more states face attempts by the tobacco industry and its allies to rollback existing laws.

Kentucky has announced plans to pursue a statewide smokefree law, which will build upon the groundwork laid by years of success at the city and county levels. In Oklahoma, advocates are working to repeal the preemptive state law that prohibits communities from closing loopholes that allow smoking in bars and smoking rooms of restaurants. Other states that will be considering smokefree laws include Alabama, Indiana, Louisiana, and Mississippi.

Efforts will continue in numerous tribal sovereign nations, including Navajo Nation, which is seeking to pass a new 100% smokefree law after a bill that would have permitted smoking in casinos was passed, and then vetoed, last year. Smokefree efforts are also underway in Cherokee Nation, and by the Cheyenne River Sioux, Great Lakes Intertribal Council, Jicarilla Apache, and Lac du Flambeau tribes.

As always, advocates and statewide partners will need to be mindful of bills that contain preemptive language that would strip local control away from cities and counties. Visit www.protectlocalcontrol.org to find legislative summaries, action alerts, news updates, and other resources.

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