Tobacco Documents Online

TI-IE TOBACCO INsTITUTE 1778 K STREET. NORTHWEST/WA'SHTNGTON. D:C: 20008' 202/457-4800 May 10~~ ,, 19'~ 7'8~' ~~ . Assembl , Bill 8`5bi5-C` (New York) wa ~rought to the floor of the New York State Assem y on day„ May 3, 19'78'. A f] o!or to exempt hotels, motels and restaurants. TO~: TI Company Representatives TI Committee of Counsel JOHN Di. ICELIIX Seruor Vice Pnesident, 202'/4'57-4857 FROM: Jack Kelly RE : New~ York A~ss~~emb~ly~ Bill 856:5'~-C~~ New Jers_ev_ Public Iiealth Council Af'terconsiderabIedebate~,: th~isamendm'ent was defeated'69-47 with 2 abstentions. The question then came on the enactment of the main bill and after lengthy and volatile debate, the bill was defeated by a vote of' 73-55. The sponsor, Assemblyman Granis„ then moved~ for re~conisideration which did not prevail. He then moved that the bill be starred for amendnnents-and that he would work on the billl over the weekendd and come b~ackb~eforethefulli house with an amended versiion.: We are continuing to be preparedfor any eventuality or subsequent action on this bil.1 and will keep you apprised. ------------------------ .----i...----.------.-.--.--.--..A...---A-.-/1:./:.~.~.~w. The New Jersey Public Health Council met on Monday, May 8„ 1978 an agreed to reconsider their decision to prohibit smoking, in numerous public places. Assemblyman Gewertz,i Chairman of'the Legislative Oversight Coumnittee„ appeared before the Public Health Council and said that'there are substantive changes in the regulation_s that were approved by the Public Heallth,Council on April 10!, 19'7'8' and that the P'ublic Health Council had not complied withithe New Jersey-Administrati-ve Code. He asked the Health C'ommissioner, Dr. Joanne Finley to ask the Attorney General to' rule on whether or not the Public~ Heallth: Council hadcomplie~d~ with the New Jersey Administrative Code. The Public Health Council subsequently voted for Dr. Finley to ask the Attorney General for an opinion on this question. The Public Health Council will next meet on May 18, 19178 and should be in receipt of an opinion byth'eAttorneyGene'ra~1 on thatd''ate . 0363$124 . ~

C An important date to keep in mind is May 22, 1978, the day that the!Pub7licHealthC'ouncil must d'ecideon a,course of'~ actioniln~order to get the rules and regulations in the June edition of ' the New Jersey Record. If this date, which is f'our days after the May 18' hearing, is not met then there is no way that the regul.aiti:ons~can beimp~lemented bythe!Ju]ly 1,, 1978implementation date. This~ is completely separate from the 45-day appeal period which starts from April 18; the date that the proposed regulations were delivered to the New Jersey Secretary of State. Assemblyman Gewertz sai:d that the Legislature wouldd take emergency action to rescind the proposed smoking ban if the Public Health Council madenolattempts to chang,e~it. Gewertz said that thePub1ic~ HealthiCouncill over stepped its bounds because there was no testimony that smoking in a public place is a health hazard~'to non-smokers. He further said that he did not know how you could~ find enough people to measure the concentration of CO in a1public place. Chairman Gewertz concluded that the Public Health Councill should have hel!d an additional public hearing after they had made subsequent changes to the proposed regulations. Therewasno discuss ion at~this meeti.ngof delaying the implementa- tion date of'July 1, 1978 to January 1, 19791, but this may well become moot if the Attorney General rulles that the Public Health Council did not comply with the New J'ersey Administrative Code. The Attorney General is John Degnan andiwe are communicating,to him through theap~propriiate channels., ~ ~ * ~