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ACTION REQUEST TO: Robert Hanrahan FROM: Michael Brozek DATE: 3/1/83 RE: WISCONSIN SENATE~ASSEMBLY BILL 80 PERTAINING TO RESTRICTING SMOKING IN PUBLIC PLACES BAO~GROUND Wisconsin Senate Bill 80, the proposed Clean Indoor Air Act, was introduced on Februar~ 8, 1983. Senator RiBBer, as usual, was the main author, and pushed for an early hearing. The bill was referred to the Senate Human Services Committee, with Senator Carl Thompson as its chairman. AB80, the counterpart of SB80, was introduced on Februar~ 3, 1983, with the main sponsor being Rep. Neubauer. The bill was referred to the Assembly Health Committee for the first time, with Rep. Kunicki as its chairman. This bill has been introduced for three consecutive sessions. CURRENT STATUS "" SB80 was scheduled for a hearing on February 23, 1983, at 11:00 a.m., by an aid to Sen. Thompson at the request of Sen. Risser, President of the Senate. Immediately upon learning of this.[" development, TI representatives met with Sen. Thompson to voice "displeasure" with the sudden, hearing date. Sen. Thompson expressed surprise and apologized for not giving more advance notice. He agreed to recess the hearing after one hour to March 30, 1983. Rep. Kunicki has indicated to TI representatives that a hearing on AB80 will probably not occur until after the budget passage in the summer of 1983. ACTION. REQUESTED Upon your consideration, ~our approval is requested for the fol.lowing actions: i. Upon introduction for floor committee action in Senate~Assembly, and upon notification, in writing, by area director, TAN activists will be asked to write to their appropriate legislator(s) in targeted districts, urging opposition to SB/AB80. See Exhibits A and B. 2. Upon introduction for floor~committee action in Senate~Assembly, and upon notification, in writing, by area director, TAN activists will be asked to call their appropriate legislator(s) in targeted districts, using the State toll free number 1-800-362-9696, urging opposition to SB/AB80. See Exhibits A and B. 3. Urge attendance at a one-day legislative mobilization~training seminar in Madison, Wisconsin, on March 9, 1983, by your appropriate representatives. Please note that this conference will take place during regular business hours. See Exhibit C. TI20040963

ACTIQN REQUEST Page two Unless otherwise noted, all TAN volunteer activities shall be conducted after regular business hours. After review of the Wisconsin lobbying law, Covington & Burling has advised that this request does not require registration or reporting on the part of a TAN volunteer. ADDITIONAL RESOURCES A. Alert coalition members from last session (Exhibits D and E), advising them of the impending legislative activit~ regarding SB/AB80. This office will serve as the information resource center for all operations on anti-smDking legislation. B. Regularly alert TAN activists, coalitions with regard to all legislative procedural activity dissemination of information (Exhibit F). and other concerned parties to ensure "claritg" in C. Distribute complete copies of SB/AB80 for study by coalition members and TAN activists. D. Area Director will regularlg track, poll and "inform" legislators regarding TI position (Exhibit G). This "roll call" will be updated hi-weekly and forwarded to TI-Washington. E. Target Districts. For strategic purposes, legislative districts have been targeted in both houses . . . with the realization that SB/AB80 will move first in the State Senate, first priority has been given to that house. Since time is of the essence, the following Senators are immediately being contacted for meetings in their home districts with local TAN activists, coalitions and TAC committee members who reside or do business in their district. (NOTE: Wisconsin lobbying laws are very specific and we will always strictly adhere to these laws. ) Senator Harsdorf, R-River Falls Senator Hanaway, R-Green Ba~ Senator Theno, R-Ashland Senator Moen, D-Whitehall Senator Offner, D-LaCrosse Senator Ellis, R-Neenah Senator Thompson, D-Stoughton Senator Feingold, D-Middleton Senator Lasee, R-DePere Ti20040984

EXHIBIT A URGENT ALERT They are at it again! behavi or I ~. Big Government is attempting to restrict individual The Wisconsin Senate/Assembl~ is considering le~slation that would prohibit smoking in public places, restaurants, retail establishments and places of work. Smmkers could not smoke except in specific posted "areas. Businesses that failed to compl~ would be subject to fines and court action. ~oes need Wisconsin need more restrictive government regulations? the additional expense that this bill will impose? NO!! Do small businesses If ~ou believe this legislation is costly and unnecessary, call ~our Senator~Representative on the toll-free legislative hotline number" (1-800-362-9696). USE THIS TOLL-FREE HOTLINE TO LEAVE .YOUR MESSAGE THAT YOU OPPOSE SB/AB80. LEGISLATIVE TO~L-FREE NUMBER IS 1-800-362-9696 IN MADISON 266-9960 T]20040965

SUGGESTED POIfITS TO MA~ ~t will cost scarce ta[dol~ars for the state to comply with the provisions oft his bill by requiring the posting of signs and the use of government employees to implement the law. • . . ~ lar~e[ bureaucracy.will be crq9~ed to handle a problem "that can be and is resolved by people amen# themselves. . . . ,no re.li.able scientific evidence exists to supp.ort the assumption that incidental exposure to ambient tobacco smoke as harmful to the health of nonsmokers. laws that attempt to restrict or segregate smokers in public places ar~ of such low priority to the police that they receive little or no attention. Lack of attention b~ the police further erodesconfidence in enforcement agencies. prosecution of persons found guilty of failing to• comply with this law would cost" more m~ne~ and tie up the court system. the bill is so vague and confusing that it is difficult to determine just where a person can or cannot smoke. .taxpayers'. money should not be wasted by passing unenforceable laws. that do more harm than good. the answer to the public smoking "issue part of smokers and nonsmokers. lies in mutual c. ourtesy on the small businesses and establishments have enough to worr9 about without adding additional..unnecessar~ state re~ulatio.ns. if the~ want to generate goodwill and increase business,• restaurant owners .and other est.ablishments catering to the public will offer what the'-public demands without a law to tell them what to do. the tolerance and accommodation needed to resolve minor ~ver~da~ aggravations, can' t be leyislated and we shouldn't expect them to be. • mutual consideration is and must remain the business o~ people, not yovernment, This is designed to aid in the writing of a letter to a state legislator• If you agre~ with these points, please contact your appropriate state legislator. The name. address and phone number of ~our legislator is attached. Using your own words and~or stationarg..please communicate your opinion on SB80. Please note that ~our activit~ is conducted voluntaril~ on ~our own time. T120040966

EXHIBIT C THE TOBACCO PLACE: TIME: DATE: ~I :30 A.H. I:00 P.M, 4:00 P.M, 5:00 P.M. 7:00 P.M, INSTITUTE - WISCONSIN ASSOCIATION OF TOBACCO AND LEGISLATIVE CONFERENCE The Concourse Hotel 1W. Dayton St. Madison, WI 53703 11:30 A,M. M~rch 9,~1983 CANDY DISTRIBUTORS ' Cocktail s AGENDA and lunch Cocktail Individual Legislative seminar and t~a~ning session Indivldual legislative ~eetings - State Capitol reception for the legislature - Civic Center meetingF with appropriate state legislators T120040987

EXHIBIT THE TOBACCO INSTITUTE SUITE aol 22 hl. CARROLL MADISOhi, WI 53703 MICHAEL F. nROZEK Araa DiruMor TO: THOSE OR6ANIZATIONS OPPOSED TO SBSO (SMOKING BILL) DURING 19BI-82 LEGISLATIVE SESSION. ~ /I MICHAEL BROZEK,~ AREA DIRECT~~ FEBRUARY 17, 1983 FROM: DATE: RE: 1983 Smoking Bill - SBSO/ABSO I am contacting ~ll of those organizations who were so helpful during the last legislative session in our efforts to defeat SB80, the bill to restrict smoking in public places. ,Enclosed for you~ information is a copy of the 1983 "Clean Indoor Air Act", o.r SBSO/6BS~. As you can see, it is nearly identical to the last legislative session's version, except that it is now even more restrictive. For exampl e: In addition to all of the other resi~rictions, ~983 SBSO/AB80 n6w includes: a, retail establishments b. offices c.. waiting' rooms d. demands that the "person in charge" must "en~ure a smoke-free environment . barriers and ventilation systems." of these regulated establishments • . by utilizing existing Wisconsin Senate Bill 80, the proposed Clean I,door Air Act, was introduced on February 8, 1983. Senator Risser (D-Madison) was, as usual, the main author, and pushed for an earlyhearing. This bill was referred to the Senate Human Services Committee, with Senator Carl Thompson (D-Stoughton) as its chairman. AB80, the counterpart of SB80, was introduced on February 3, 1983, with .the main sponsor being Rep. Jeff Neubauer (D-Racine). The bill was referred to the Assembly Health Committee for the first time, with Rep. Walt Kunicki (D-Milwaukee) as its chairman. Ti20040£88

Memorandum February 1"7, Page two 1983 SB80 has been scheduled-for a hearing on February 23, 1983, at ll:O0 a.m., by an aide to Senator Thompson, at the request of Senator Risser, President of the Sehate. Immediately upon learning of. this'development, TI representatives met with Senator Thompson to voice "displeasure" with the sudden hearing date. Senator Thompson expressed his surprise and apologized for not giving more advance notice. He agreed to recess the hearing after l hour to March 30, Ig83. Rep, Kunicki has indicated to TI representatives that a hearing on ABSO will probably not occur until after the budget passage in the summer of 1983. We. urge your continued opposition to SB80/AB80. Enclosed is a copy of.your letter • from last session . . . please address your new letter to "Members of the Wisconsin Legislature" and forward this .letter to us for distribution. We will be in contact with you du~ing the next 2 weeks if you have any further questions. Again, we appreciate your.efforts in-this session and the previous session. Michael F. Brozek Area Director llm enclosures, TI20040969

../'/" "" WISCONSIN "/ 217 S. Hamilton St,, Suite203 INDEPENDENT BUSINESSMEN, INC. • Madison: Wl 53703 (608,) 255-0373 TOt FROM: SuBJEcT : Al~ State Assembly Representatives Thomas D. Dohm, President "~ Wisconsin Independent Businessmen (WIB) March 16, • 1982 • Your Vote On.~SB/80 (G'?vern.m~nt-Mandated Smoking Areas} We are sure that you are being deluged with emotion-filled pleas and statements on'.both sides :of"the issue being addressed in SB-80. Before you vote on the bill w.hic~ will be before the Assembly this week, Wisconsin Independent Businessm~n would likA to present, the following views on this issue for your~ consideration. First and foremost, this legislation is NOT a confrontation between those ihterested in i~creasing tobacco and cigarette sales in Wisconsin versus those that have expresse~ the fear of" contracting, an illness due to the eff4cts of "second-hand smoke." Although some proponents of SB-80 have tried to make the aforementioned link, in reality this legislation has no impact on cigarette or tobacco sales and will provide no effective deterrent to anyone who lacks basic con~on COtLrtesy. Upon learning of the provisions of Senate Bill-80, we survey@d member businesses to determine the need for such legislation and the attitude of the small business community towards the proposed regulation. After compiling the results of ou~ survey of which several thousand replied, it is clear to us that there is NO need to dictate or regulate the operations of the business co~nunity in the fashion as provided for in this legislation. The business community places a great deal of emphasis and importance on providing a comfortable atmosphere for the public and their customers. Accommodating the public by providing an environment which invites public and customer traffic is the key to a business's existence. From display and merchandise areas, comfortable seating and waiting'areas, interior and exterior design, to extinguishing a cigarette or accommodating an individual non-smoker who finds second-hand smoke offensive, are all an important part of being and staying in business today. Co,on business sense dictates that if the public finds an at~osphere that is unpleasant or offensive, they won't return. T!20040970

The results of our survey of which a copy is attached, trates the concern and consideration afforded to the public in Wisconsin. When asked, "If customer or public demand indicated the need for segregated smoking or ~no-sn~king areas, would you accommodate them voluntarily?" Overwhelmingly, the answer was YES! • In fact,, a surprising ntunber of businesses already control smoking in their establishments without govern- ment intervention. Page clea~ly illus- The. ~astmajority~of smokers are conscious o~ the fact that second-hand s~oke offends some non-smokers. Seldom, if ever, will a smoker refuse to extinguish a oigargtte when asked by a non, smoker. The very few which are an extremely small minority of inconsiderate smokers will most assuredly ignore signs and/or posted areas. The provisions of SB-80 do absolutely nothing .to deter the inconsiderate attitudes of a small handful of smokers. The only penalties levied under this legislation is against the business community for pos.ting signs which would likely be ignored. Government-mandated smoking or no-smoking areas is not the answer. SB-80, as it is ~ritten, is'¢irt~ally unenforceable and penalizes i~noce~t~ people...smokers and non-smokers alike. Stacking another unenforceable regulation u~on regulation is not the solution. The. inconsiderate attitudes of a few smokers will not. and can not be legislated away, especially when an innocent individual or business faces the penalt7. The small business community asks that. you car~fully consider the provisions of this legislation. We are sure that you will realize, as they'have,.that Senate Bill-80 is not the answer but merely a classic example of government overkill... SAI PLE LETTER TI20040971

EXHIBIT ~PPOSITION TO WISCONSIN 1. The Bowling SENATE BILL 80 - 198] Proprietors Association of Wisconsin 2. The Tavern League of Wisconsin 3. The Tavern Hosts of Wisconsin 4. Wisconsin Towns A~sociation 5. Wisconsin Merchants Federation 6. Metropolitan Milwaukee Association of Commerce 7. Wisconsin Alliance of Cities 8. Milwaukee Police Association .9. W~c~nsin lhdependent Businessmen lO. Wisconsin Teamsters Joint Council No. 39 If. Teamsters'.Local 344 12. Wisconsin Innkeepers Association 13. Outdoor Advertising Association o~ Wisconsin 14. Prison Local No. 18, AFSC-ME IB. Wisconsin Cooperative Tobacco Growers Association 16. Wisconsin Restaurant Association 17L Jefferson County Tavern League 18. Wisconsin Leaf Tobacco Dealers & Growers 19. Wisconsin Association of Manufacturers • 20. Northern Wisconsin Cooperative Tobacco 21. Wisconsin Automatic Merchandising Council 22. Wisconsin Association of Tobacco & Candy 23. Marcus Hotel Corporation Association and Commerce Pool Di stri butors TI20040972