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SHOOK, HARDY&BACON P c. REPORT ON RECENT ETS AND IAQ DEVELOPMENTS March 5, 1993 SHB

REPORT ON RECENT ETS AND lAQ DEVELOP;.4ENTS - IN THIS ISSUE - IN'THE UNITED STATES REGULATORY AND LEGISLATIVE MATTERS • "Ban on Smoking in Federal Buildings Act" introduced in U.S. Congress, p. 1. • OSHA says it is readying its ETS/IAQ options paper, p. 1. • ETS included in substances scheduled for work group review at EPA, p. 2. ETS-RELATED LITIGATION AGAINST CIGARETTE iVTAN L'FACTI:RERS • A defense motion for sanctions is heard in Broin, p. 6. • Rule 30(b)(6) depositions taken in Butler, p. 7. ETS/IAQLITIGATION NOT INVOLVING CIGARETTE IVIAN L'FACTLRERS • Cleveland HUD office is ordered smoke free, p. 7. LEGAL ISSUES AND DB'ELOPMENTS • Underwriting Newsletter minimizes poten- tial impact of EPA risk assessment on damages awards in most ETS cases, p. 7. • "Secondhand Smoke Suits May Catch~Fire," from The National Law Journa4 p. 8. SCIENTIFIC/TECHNICGIL ITEMS ISSUE 42 • PRO-KIDS bill sponsor authors item in Chicago Tribune„ p. 11. IN EUROPE & AROUND THE WORLD REGULATORY AND LEGISLATII'E ;VIATTERS • Legislative activity in Australia, Austria, Brazil, Canada, Philippines and Singapore, p. 11. ETS/IAQLITIGATIONNOT INvOLNING CIGARETTE MANUFACTURERS • Berlin court rules German army not re- quired to provide smoke-free environment, p. 12. SCIENTIFIC/TECHNICAL ITEMS • "Lung Cancer Through Passive Smoking at the Workplace - A More Theoretical' Issue," p. 13. • "Environmental Tobacco Smoke and Asthma," p. 13- OTHER DE\'EllOP\1ENTS • British rail customers rebel against smoking ban, P. 15. • U.K. health expert wants workplace smok- ing ban, p. 15. MEDIA COVER#GE "Butted and Banished," p. 16. "Interaction of Public Policy Advocacy°and Research in the Passage of New Zealand's Smoke-Free Environments Act 1990," p. 16. • "Sick Building Syndrome: Medical Evalua- • tion of Two Work Forces," p. 9. • OTHER DEVELOPMENTS • McDonald's fast food chain tests smoking ban in selected locations, p. 9. • A nationwide smoking cessation program is initiated by nicotine patch manufacturer, p. 10. MEDIA COI'ERAGE • Former President Jimmy Carter discusses ETS in a letter to the editor of the New York Times, p. 11. • Discussions throughout this Report that bear this symbol contain information about events and activities related to the EPA Risk Assessment on ETS.

- TABLE OF CONTENTS - Issue 42 March 5, 1993 IN THE UNITED STATES REGULATORY AND LEGISLATIVE MATTERS CONGRESS •[1] Bill to Ban Smoking in Federal Buildings Introduced ..............................................................1 U.S. OCCUPATIONAL SAFETY AND H.FALTH ADMINISTRATION (OSHA) •[2] ETS/IAQ Options Paper Nearly Complete .............................................................................1 [3] ASH v. Deparrment ojLabor. No. 92-1661 (U.S. Court ofAppeals, D.C. Circuit) [4] (filed December 22. 1992) .................................................................................................... ... 2 OSHA's Request for Information (RFI) on lndoor Air ............................................................2 U.S. ENVIRONMfiNTAL PROTECTIOM AGENCY (EPA) (5) EPA Requests Comment on Integrated Risk Information System QRIS) ................................. 2 STATE AND LOCAL GOVERNMENTS (6] 1 Privacy Legislation ............ .................................................................................................... ... 2 [7] 1 ETS-Rclated State and Local Legislative Activities ................................................................... 3 [8] 1 IAQ Rclatcd State and Local Legislative Activities ...................................................................6 ETS-RELATED LITIGATION AGAINST CIGARETTE MANUFACTURERS [9]1 Blanchard Court Holds Scheduling Conference ......................................................................6 [00] Broin: Trial CourrHears Lorillard's Motion for Sanctions .......................................................6 •[ I 1 J Burler. Plaintiffs Take 30(b)(6) Depositions .............................................................................7 ETSlIAQ LITIGATION NOT INVOLVING CIGARETTE MANUFACTURERS •(12] Department ofHouring artd Urban Development. Region Vand American Fede.arion of Goarrnment Employeu Local3701, Case No. 92 FSIP 205 (Federal Service Impasses Panel) (decided February 11, 1993) .................................................7 LEGAL ISSUES AND DEVELOPMENTS [13) Underwriting Newsletter Minimizes Potential Impact of the [14] EPA Risk Assessment on Damage Awards in ETS Cases ..........................................................7 Ton Reform Measure May Impact ETS Litigation in Texas ....................................................8 •[]5) "Secondhand Smoke Suits May Catch Fire," A., Blum, [16] The Nationa/ Law Journa4 March 1. 1993 ............................................................................... 8 Supreme Court Success Could Bring New Lawsuit ..................................................................8 SCIENTIFIC/TECHNICAL ITEMS UPCOMING MEETING ['17) The American Institute ofArchitecu Video Teleconference, March 4. 1993 ........................•-•9 INDOOR AtR QUALITY [78J "Sick Building Syndrome: Medical Evaluation of Two Work Forces,° D.A. Middaugh, S.M. Pinney, and D.H. Linz, JourrealofOccupationalMedtiine 34(12): 1197-1203. 1992 [See Appendix A] ............................................................................9 [19] "Assessment of Exposure to Radon Decay Products in Realistic Living Conditions." P.T. Wasiolek, P.K. Hopke, and A.C. James, Jossrnal ofFxporarre Ana/ytir and Environmental Epidemiology 2(3): 309-322, 1992 (See Appendix A) ........................................9 OTHER DEVELOPMENTS •[20] McDonald's Corporation Begins Testing Smoking Bans in Restaurants ..................................9 •[21] Smoking Law Exemption Requests Overwhelm Joint City-County Commission ....................9 •[22] Antismoking Activists Agree to Pursue Extension of Smoking Bans ....................................... 10 •(23] Nationwide Smoking Cessation Program Initiated ................................................................ 10 •[24]I Naval Aircraft Carrier to go Smoke Free ................................................................................ 1O Q) ~1 [25] New Jersey Companies Surveyed AboucSmoking Policies ..................................................... 10 OD •[26] 1 Pituburgh Corporatiom Bases Smoking Ban on E• PA Risk Assessment ................................... 10 •(27]I ........ 10 Grou Announces Le islative A enda Michigan Antismokin U7 , ....................................... p g g g V7 128] Candidate for Senate Seat Expresses Smoking View•s .............................. ......................... •..... 10 ~ ~

Contents Continued, Issue 42 MEDIA COVERAGE •[29]' "To tlie Edito ," J. Carter, The Nesv York Ti»ur. February 21. 1993 ..................................... 1 1 •[30) "A law to protect kids from smoke," R.J. Durbin. Chicago Trifia<ne, February 18, 1993.......-. 1 1 •[31) "Where Therc s Smoke, There's Somebody Fired Up Against It." R Schatz, New York Newsday, February 21, 1993 .................................................................................. 1 1 •(32) "Stop Smoking, Quit for Your Kids," B. Arnot, M.D. CBS Thir Morning, February 15-19. 1993 .................................................................................................... ........ 1 1 •[33) "Secondhand Smoke Brings Surge of Smoking Restrictions," P. Raeburn•,Al; February 28. 1993 .................................................................................................... ............. 1 1 IN EUROPE & AROUND THE WORLD REGULATORY AND LEGISLATIVE MATTERS AUSTRALIA (34) State MP Announces Plarnto Ban Smoking in Vehicles with Children .................................. 1 1 AUSTRIA (35] Health Minister Pushes for Tough Smoking Restrictions ....................................................... 12 BRAZIL 1361 Smoking Banned on Senate Floor .......................................................................................... 12 CANADA [37) Ontario GovcrnmenrOutlines Position on Smoking ...........................................•.•...•.•••••••••• 12 PHILIM'INES [38) Health Secretary Bans Smoking in Department of Health Buildings ..................................... 12 SINGAPORE [39] Parliament Passes Smoking Ban ............................................................................................. 12 ETSJIAQ LITIGATION NOT INVOLVING CIGARETTE MANUFACTURERS GERMANY [40] In re Bttndesu.ehr (Berlin) (decided February 25, 1993) .......................................................... 1'- LEGAL ISSUES AND DEVELOPMENTS [41] Tobacco Companies Make Legal Aid'Submission ................................................................... .. 13 SCIENTIFIC/TECHNICAL ITEMS RECENT MEETING [42) "Building Design, Technology and Occupant Well-Being imTemperate Climates" Brussels, Belgium, February 17-19. 1993 ............................................................................... 13. LUNG CANCER [43] "Lung Cancer Through Passive Smoking at the Workplace - A More Theoretical Issue ' F.X. Adlkofcr, Zrntralblass furArhdtsmedizirr, Ar/xitsrchutz Arophylaxs wnd E.gonomie 42(10): 400-424, 1992 (See Appendix A) ......................................................13. RESPIRATORY DISEASES AND CONDITIONS - ADULTS [44] "Effects of Bronchoprovocation Challenge Test With Cigarctte Sidestream Smoke on Sensitive and Healthy Adults," B. Danuser. A. Weber, A.L. Hartmann, and H. Krueger, Chest 103: 353-358, 1993 [Sce Appendix A], ......................................................13. [45] "Environmental Tobacco Smoke and Asthma," RJ. Shephard;. Chast 103(2): 330-331, 1993 [See Appendix A] ..................................................................... 13 OTHER HEALTH ISSUES [46) "Paternal Smoking and Birthweight in Shanghai," J. Zhang and J~M. Ratcliffe• Amcrican Journal ojPublic Heahh 83(2): 207-210, 1993 [5ee Append ix A] ........................... 13 INDOOR AIR QUALITY [47) "Sensory Characterization of Air Qualiq•y and Pollution Sources," P.O. Fanger, In: Chemical, Mumbiologica4 Hrahhand Comfo.tArpecta oflndoorAi. Quality -Stau oftheA.t in SBS, H. Knoppel and P. Wolkoff (eds.), Dordrccht. The Netherlands, Kluwer Academic Publishers, 59-71. 1992 [Scc Appendix A]I .................... 1 i SStOKING POLICIES AND RELATED ISSUES [48) "Smoking Policies for Public Service Vehicles in Oxfordshirc• United Kingdom." J. Mindell and M. Bolley, TobaccoConsrol1: 268-271, 1992 [SccAppcndixA)I .................... 1'i

Contents Continued, Issue 42 STAT1S71CSAND RISK ASSESSMENT [49] "Risk Assessment Methods for Exposure to£nvironrrtental Substances Found Indoors," T.D. Sterling, C.W. Collctt, W.L. Rosenbaum, and )'.J. Wcinkam, paper presented at "Building Design, Technology and Occupant Well Being in Cold and Temperate Climates," Brusselk, Belgium. February 17-19. 7993 [See Appendix A) .................................................................................................... ............... 14 OTHER DEVELOPMENTS AUSTRALIA [50] Auditorium to Provide Smoke-free Concerts ......................................................................... 14 CHINA [51) Students Patrol Ferries to Confront Smoking Ban Yiolhtors .................................................. 14 UNITED KINGDOM [52] Doctor Disputes Claims of ETS Health Hazards ................................................................... 14 (53] SigniGcant IAQ Problems Cited as Factors in Veronica Bland Case ....................................... 15 ['54] Smokers Defy British Rail Smoking Ban ................................................................................ 15 [55] City Health Expert Recommends Workplace Smoking Bans ................................................. 15 [56] Building Society Launches No-smoking Initiative .................... ................................•--- °---.... ,1 V'VORLD AIRLNE.NEVVS (57] Canada .................................................................................................... ..............................15 [58) Republic of Ireland .................................................................................................... ............ 15 (59] United Kingdom .................................................................................................... ............... 15 [60) United States ...... .................................................................................................... ....... .................................................. ,15 MEDIA COVERAGE CANADA •[61], "Butted and Banished;" D. Brady, 161JcleanY: February 115: 1993 ........................................... 16 UNITED KINGDOM (62] "Interaction of Public Policy Advocacy and Research in the Passage of New Zealand's Smoke-free Environmcnts Act 1990; " M. Carr-Gregg. Addiction 88 (Supplement): 355-415. 1993 ........................................................................... 16 (63) "PoGcies to Halve Smoking Deaths."J. Townsend, Addiaion; 88: 37-46. 1993 .................... 16 [64] "Smoking and the Sack," B. Watt, New LawJournal. February 12, 1993 .............................. 16 APPEN DIX A .................................................................................................... ................................. Article Summaries APPENDIX B .................................................................................................... ....................OSHA Docket 1C15-1,,,.i APPEN DIX C .................................................................................................... .................. EPA Federa! Rrgirur No tice

MARCH 5, 1993 1 REPORT ON RECENT ETS AND IAQ DEVELOPMENTS IN THE UNITED STATES REGULATORY AND LEGISLATIVE MATTERS CONGRESS •[I] Bill to Ban Smoking in Federal Buildings Introduced On February 16, 1993, Representative Jim Traficant (D-Ohio) introduced the "Ban on Smoking in Federal Buildings Act." (H.R. 881.) The measure, which was referred~ to the House Committee on Public Works and Transportation, would prohibit smoking in any indoor portion of a Federal building and in any other space owned' or leased for use by a federal agency. Executive, judicial and legislative branch buildings.vould be covered by the Act. When he introduced the bill, Traficant cite& the EPA Risk Assessment on ETS in support of the measure. On February 23, 1993, Traficant chaired a hearing before the House Subcommittee on Public Buildings and Grounds. Witnesses who testified were Gerald Thacker of the General Services Administration and Dr. John W. Hoyt, Chairman of the Department of Critical Care Medicine at the St. Francis Medical Center in Pittsburgh, Pennsylvania. Smoking policies in the House and Senate were addressed, as were the alleged health effects of ETS exposure. Hoyt discussed the EPA risk assessment in his testimony. Additional hearings on the bill are currently scheduled for March 11, 1993. Meanwhile, according to press reports, the General Services Administration, which manages most of the federal government's real estate, now permits smoking only in designated areas. Apparently, individual House and Senate offices set their own smoking policies, but smoking is permitted in all Capitol hallways and corridors. House members who support a smoking ban have reportedly circulated a questionnaire to their colleagues suggesting that they adopt either a smoking ban or restrictions. House members havc been askcd to discuss the issue with their staffs and report their responses to Representative Richard Durbin (D-I11.), author of the PRO-KIDS Act of 1993, which was introduced on February 2, 1993. (H.R 710.) See issue 40 of this Report, February 15, 1993. The questionnaire reportedly states: "Vi/e believe it's time for Congress to set an example. We should not expect to receive any special treatment or be allowed to ignore the clear health warnings which have been given to us, most recently by the EPA." See RollCall Febru- ary 18, 1993; Statrs News Services, February 16, 1993. U, S. OCC[; PATIONAL SAFETI' A.N D H EkL.TH ADIMINISTRATION (OSHA)~ •[2] ETS/IAQ Options Paper Nearly Complete According to the director of OSHA's health standards program, the agency has nearly completed an options paper concerning IAQ and ETS. The paper discusses possible regulatory actions OSHA could take to address the issues either together or separately. Departing Labor Secretary Lynn Martin had charged the agency with preparing such a paper immediately follo..-ing the release of the EPA Risk Assessment on ETS. See issue 39 of this Report, January 22, 1993. Director Charles Adkins said the paper should be readN - when a new OSHA Administrator takes office. As of this writing, a new OSHA administrator has not been named. Adkins said the agency is confident that it can adapt the risk assessments on ETS based upon residential exposures to determine the risks workers face on the job. Such a determination is necessary before OSHA can regulate workplacesmoking: Adkins also expressed hispetsonal opinion that consideration of IAQ and ETS issues together will not result in any rulemaking delay. See B11 A Daily Rrportfor Fxecutives, February 17, 1993. Adkins further remarked that the agency has not yet responded to the petition filed on February 5, 1993, by Public Citizen, requesting the issuance of an emer- gcncy temporary standard on ETS. See issue 41 of this Report, February 19, 1993.

2 [31 ASHv. Departmentoflabor, No. 92-1661 (U.S. Court of Appeals, D.C. Circuit) (filed Decem- ber 22, 1992) On February 5, 1993, a three judge panel of the D.C. Circuit Court ofAppeals entered a per curiam order denying ASH's request that its petition be considered by the same panel: that had adjudicated ASH's previous petitions against OSHA. In this case, ASH is seeking an order overturning OSHA's denial of its request to commence a separate rulemaking on ETS. [4]' OSHA's Request for Information (RFI) on Indoor Air The status of the OSHA docket has changed for the first time since October 1992. Ten additional com- ments have been added to the public docket, bringing the totall number to 1,224 submissions. The new submissions include a second comment by James L. Repace and Alfred H. Lowrey, and an additional comment by the AFL-CIO. Although the comment period has expired, OSHA has stated it will continue to accept comments but will mark them "late." A copy of the latest docket is attached as Appendix B. On January 13, 1993, then-Labor Secretary Lynn Martin diretted OSHA to provide rulemaking alternatives and an analysis of data pertinent to possible regulation relating to ETS. Martin also indicated that the review of workplace smoking issues would include information received in response to the RFI, but that ETS issues would be separate from anyy indoor air quality rulemaking. See issue 39 of this Report, January 22, 1993. U.S. E\AIIRONMETTAL PROTECTION AGENCY (EPA) [5] EPA Requests Comment on Integrated Risk Information System (IRIS) On February 25, 1993, EPA published a notice in the Federal Register announcing that ETS is among the substances scheduled for review by EPA work groups in connection with an internal ~ review of EPA's scientific database, the Integrated Risk Information System (1RIS). Sec58 Fed. Reg. 11490 (February 25, 1993). A copy of the notice is attached'as Appendix C. L-TS/L?,QREPORT,ISSUE 42 STATE AND LOCAL GOVL•R\.ME\TS [6] Privacy Legislation The term "privacy legislation" refers to state statutes which protea workers who smoke off the job or, more generally, use legal~ products or engage in legal activities outside the workplace. • Alaska A House bill introduced on January 15, 1993, would prohibit employers fromdiscriminating against individu- als who use legal products in a legal manner outside the workplace. The bill was reported from the House Com- minee on Labor and Commerce and sent to the House Judiciary Committee on February 17, 1993. A Senate version of the bill was reported from committee without recommendation. See H.B. 62, 18th Legislature - 1 st Reg. Sess. (1993). • Florida On February 17, 1993, a bill was introduced and sent to the Senate Committees on Commerce and'Judiciary that would prohibit employment discrimination based on participation in lawful activities away from the workplace during nonworking hours. The bill would provide sanctions. SeeS.B. 1610, 13th Legislature- 1st Reg. Sess. (1993). • Hawaii A House bill'relating to "fair employment practices°..•as introduced on January 28, 1993; it provides that emplo. - ers cannot prohibit legal activities as a condition of employment. SeeH.B. 1711, 17th Legislative Session - 1st Reg. Sess. (1993). Another bill with similar provisions was introduced on January 29, 1993. Both bills were sent to House Committees on Labor and Public Employment and Judiciary on January 29, 1993. SeeH.B. 2147, 17th Legislative Session-1st Reg. Sess. (1993). • Idaho A bill introduced on February 15, 1993, would make it unlawful for any employer to discriminate against an applicant or employee who engages in the use of lawful consumable products off the workplace during nonworking hours. See H.B. 1169, 52d Legislature- 1 st Reg. Scss. (1993). The bill was sent to the Senate Committee on Judiciary and Rules. • Iowa On January 21, 1993, a bill was introduced and sent to the House Committee on Statc Government that

MARCH 5. 1993 would prohibit termination of an employee for engag- ing in a lawful activity outside of work hours and off the premises of employment, except under certain circumstances. See H.F. 39, 72nd General Assembly - 1st Reg. Sess. (1993). A bill with similar provisins was introduced and sent to the House Committee on~ Labor and Industrial Relations on February 18, 1993. See H.F. 233, 72nd General Assembly - 1st Reg. Sess. (1993). A companion Senate bill was introduced on February 16, 11993. See S.F. 127, 72nd General Assembly- 1st Reg. Sess. (1993). • Kansas A bill that would protect certain lawful activities of employees was introduced on February 5, 1993. The measure has been sent to the House Committee on Labor and Industry. See H.B. 2392, 75th Legislature - 1st Reg. Sess. (1993). • North Dakota On February 9, 1993, the Senate passed a bill that would; prohibit employment discrimination based on participation in a lawful'activity off an employer'ss premises during nonworking hours. The bill has been sent to the House Committee on Industry, Business and Labor. See S.B. 2367, 53d Legislative Assembly - 1st. Reg. Sess. (1993). • Virginia On February 23, 1993, the legislature passed a bill prohibiting employers from discriminating against any person who uses tobacco products outside of employ- ment. The bill also prohibits employers from requiring, as a condition of employment, employees to use tobacco products on the job. See S.B. 859, Regular Session (1992- 93) and The Washingron Post, February 24, 1993. • Washington The legislature is considering privacy legislation that varies from a bill vetoed last year by then-Governor Booth Gardner. Last year's proposal focused'on protecting workers for "lawful consumption of legal products," but this year's proposal refers to "lawful conduct" and would allow workers to sue employers for violation of the bill's requirements. A bill oppo- nent, Carolyn Logue of the National Federation of Independent Business, was reported to say that passage of the bill could lead to the end of smoke-free areas in the workplace and make employers skittish about promoting healthy lifesryles and exercise. See The Seattle Times, February 19, 1993. 3 [7] ETS-Related State and Local Legislative Activities • Alabama According to a news report, the State Board of Health has asked school officials to prohibit tobacco in all public education areas, including teachers' lounges and sports arenas. Health officials reportedly cited the EPA Risk Assessment on ETS in support of the request. See U.S.A. Today, February 18, 1993. • California Governor Pete Wilson (R) signed an executive order on February 22, 1993, prohibiting smoking in 19,518 state-owned buildings and in another 2,067 state- leased buildings, including prisons and hospitals. The ban goes into effect no later than December 31, 1993. In signing the order, Governor Wilson reportedly cited the EPA Risk Assessment on ETS. The new order will reportedly affect 180,000 state workers, 110,000 prison inmates, 13,500 guards, and 4,500 hospital patients. The order apparently does not apply to the state capitol building or to the state's two university systems. States with prohibitions similar to Governor Wilson's executive order include Colorado, Delaware, Idaho, Maryland, Massachusetts, Michigan and Vermont. See The Washiugron Post, February 23, 1993, and Los Angeles Times, February 23, 1993. In the California legislature, a bill that would prohibit employers from permitting smoking in enclosed places in the workplace was reported from the Assembly Committee on Labor and Employment with author's amendments, read a second time, amended, and re- referred to Committee. SeeA.B. 13, Regular Session (l 993-94). A bill was introduced on February 22, 1993, that would prohibit smoking on the premises of a child day care center. SreA.B. 615, Regular Session (1993-94). • Local Governments in California An informal coalition of restaurant and bar owners presented Shasta County Clerk Ann Reed with 12,228 signatures opposing a no-smoking ordinance, accord- ing to a news report. Voters had approved an advisory measure banning smoking in virtually all enclosed public places last November, it was rcported, and the Board of Supervisors adopted it unanimously in January. Apparently, enough valid signatures were identificd to force the Board to nullify the ordinance or schedule a second election. The supervisors reportedly have scheduled an election for June 8, 1993. See Sacramrruo Bee, February 4 and February 24, 1993.

4 According to a news report, the Sausalito City Council tentatively passed, by a 3 to 2 vote, a no-smoking law that would prohibit smoking in bars, cocktail lounges, restaurants, and all' workplaces. A final vote was scheduled for the Council's March 2 meeting. See The San Francisco Chronicle, February 18, 1993 and February 19, 1993. On February 16, 1993, the Rancho Palos Verdes City Council voted to draft an ordinance that would ban smoking in all 35 of the city's restaurants. The measure would allow smoking in designated areas and'restaurant lounges and bars. The draft ordinance will be put to a final'vote in March. The Council also voted to put into code a long-standing pol icy that bans smoking in city buildings. See Los Angela Times, February 18, 1993. The Davis County Council voted 5-0 on February 17 to ban smoking in indoor and outdoor public places, . according to a news report. The Council reportedly cited alleged health dangers linked to ETS exposure. The new ordinance prohibits smoking in indoor places such as restaurants, bars, and tobacco shops. There will be no smoking at outdoor public events, sports fields, and spots near doors to smoke-free buildings. Work- places are also required to be smoke-free. See Sacra- mento Bee, February 25, 1993. •According to a news article, the Fillmore City Council will not ban smoking in restaurants and other public establishments; it voted unanimously on February 23 to draft a less-stringent ordinance that would allegedly ban smoking only in city-owned facilities. City officials won't vote on a final draft of the ordinance until approximately March 9. A community educator in favor of the stricter ordinance reportedly cited the EPA Risk Assessment. "'There is no safe level of exposure,'" she was quoted as saying. See LorAngeks Times, February 25, 1993. • Connecticut A bill introduced'on January 11, 1993, would prohibit smoking in buildings open~to the general public. A woman testifying in favor of the legislation was re- ported to have suffered a seizure that she blamed on ETS in the Legislative Office Building. The woman, Linda Dusek Ravenell, claims she is highly sensitive to allergens, "particularly ETS." See H.B. 5403, Reg. Sess. (1993) and The Hartford Courant, February 17, 1993. • Idaho A bill introduced on February 9 and sent to rhe House ETS/IAQ REPORT, ISSUE 42 Committee on Local Government would permit cities and counties to regulate, restrict or prohibit smoking at public meetings and in public places. See H'.B. 176, 52d Legislature - 1 st Reg. Sess. (1993). • Local Governments in Illinois The Chicago City Council reportedNy is planning to repeal the city's ordinance on~smoking in public places in favor of the state's stronger mandate, which prohib- its smoking in all public buildings except in~designated smoking areas. See Chicago Tribune, February 17, 1993. According to a news report, a group of parents in Eldorado protested a new school district policy that forbids smoking or drinking by athletes during the summer and holidays. It was reported that the parents thought the policy was inappropriate because it controls students' behavior during off hours. See U.S.A. Today, February 9, 1993. • Kansas A bill to ban smoking in the statehouse after July 1, 1993, and to prohibit smoking in home day care centers in the presence of children received tentative House approval February 23, 1993, according to one news report. If the measure passes, ir will go to the Senate. Supporters of the proposal reportedly noted the EPA Risk Assessment on ETS. See The Kansas Ciry Star, February 24, 1993. • Local Governments in Maryland A bill proposed by Howard County Councilman C. Vernon Gray would prohibit smoking in county workplaces, shopping malls, restaurants that seat fewer than 75 people, and houses used as a day care center. Gray reportedly said his proposal was prompted by the release of the EPA Risk Assessment on ETS. A sup- porter of the provision was quoted as saying, "`I am very sympathetic to having no-smoking laws. The risk of cancer is too serious.'" See The Balti,nore Sun, February 11, 1993. •The risk assessment also was cited in support of another, measure introduced to restrict smoking in public places. The sponsor of the measure, Maureen Lamb, was quoted as saying, "We all know that breathing secondhand smoke is as dangerous as breathing asbestos,'" she was quoted to say. She reportedly based her assertion on the EPA Risk Assessment on Ir CS. See Baltimore A1ornrng Sun, February• 11,1993.

MARCH 5• 1993 • Minnesota The Senate Family Services Committee has approved a bill'that would prohibit smoking in the houses of family day care providers while children are present. The measure would apply to more than 100,000 children in licensed family day care homes, approxi- mately 60 percent of which are said to be smoke free currently. See S.F. 32, 78th Legislative Session - Reg. Sess. (] 993) and Star Tribune, February 17, 1993. A companion bill' has been introduced and sent to the House Committee on Health and Human Services. See H.F. 252, 78th Legislative Session - Reg. Sess. (1993). Several bills were introduced recently and sent to committees that would include apartment and condo- minium common areas in the definition of public places where smoking is prohibited and would require employers to adopt written smoking policies. One bill' requires posting of policies and prohibits retaliation for complaints. See H.F. 387, S.F. 372, H.F. 423, 78th Legislative Session - Reg. Sess. (1993). • Ohio According to a news report, the Cuyahoga County Commissioners are considering a ban on smoking in most counry-owned buildings. Commissioners were reportedly leaning toward enacting the ban for several reasons, including the EPA Risk Assessment on ETS. Commissioner Timothy Hagan was reported to say that he feared that, by failing to adopt a smoking ban, the county would'open itself to liabilityy suits. See The Plain Dealer, February 24, 1993. • Rhode Island A bill introduced February 9, 1993, and sent to the Senate Judiciary Committee would allow the family court to consider the smoking habits of a parent when awarding custody. It would allow the court to order a parent to quit smoking as a condition of custody. See S.B. 318, Reg. Sess. (1993). Three bills were recently introduced and sent to the Senate Committee on Health, Education and Welfare. The first would prohibit smoking in restaurants; the second would prohibit smoking in nursing homes except in a designated smoking room; and the third would prohibit smoking in the State House and provide penalties for smoking in public places. See S.B. 423 & S.B. 297 & S.B. 204 -Reg. Sess. (1993). • Tennessee Senate and House bills were introduced on February 17, 1993, and sent to committee that would prohibiu smoking 5 in public places unless a separately ventilated smoking area is provided. SeeS.B. 1328 and H.B. ] 278, 98th General Assembly- 1st Reg. Sess. (1993). • Texas According to a news report, a bill was introduced Febru- ary 24, 1993, tharwould'prohibit smoking in common work areas, rest rooms and other public places. See United PYess lnternatio?ur4 February 24, 1993. • L.oca1 Governmenu in Texas Relying in part on the EPA Risk Assessment on ETS, the Arlington City Council has unanimously approved a partial ban on smoking at Six Flags Over Texas, the Texas Rangers' new stadium and' other outdoor facilities, according to a newspaper article. See The Dallas MorningNews, January 27, 1993. In another news article, the Arlington School trustees are reported to be considering expanding the school district's ban on smoking in~schools to include teachers and other district employees. The current ban applies only to students. Board President John Mclnnis was reported to cite the recent EPA Risk Assessment on ETS as the reason the Districrshould prohibit tobacco use anywhere on school'grounds. See The Dallas Monung News, February 25, 1993. • Utah A bill that would require businesses with smoking areas to provide information regarding the alleged health effects of ETS to employees exposed to ETS was amended'on the House floor and passed on February 22, 1993. On February 23, 1993, the Senate refused to concur in the House amendments. The House refused to recede from the House amendments. The bill' is now in Conference Committee. SeeS.B. 67, 50th Legisla- ture - General Session (1993). • V'uginiia A bill that would have restricted or banned smoking in virtually all public buildings and workplaces was withdrawn by its sponsor, it was reported. The bill had passed both the Senate and House in a revised form that would have covered day care centers. One of the bill's proponents was reported to have hoped for better. "'This looked like it woul&be our best year, with the EPA report,'" the proponent was quoted as saying. She apparently asked the Senate to kill the bill for the year rather than send it to the Governor for his signature.