Tobacco Documents Online

STATELINE STATE ACTIVITIES DIVISION May l4, 1987 THE TOBACCO INSTITUTE • Iowa Senate crushed 10-cent cigarette tax hike (H327) just before adjournment 5/10... ~'~-'proposed by Governor Branstad...passed by House. Going to the Governor is H79, workplace, public smoking restrictions...restaurants were amended out. Advertising, ~ending, and clove cigarette bans are dead for the year, but carry over to 1988. . • New Orleans, LA, Council gave anti-smokers double defeat on 5/7...quashed increase in local tobacco tax...rejected broad restriction ordinance. . , • Rancho Mirage, CA, holds final reading of modified smoking ban ordinance on 5/2 I... after five 'hburs of debate last week, Council gave first reading OK to new version that allows 1/3 smoking in restaurants...employers could set up smoking lounges. • Federal side. Senate and House budget proposa~.,s have gone to conference cmte...expect compromise to be reported next weeL..tloor action just betiare or after Memorial Day. TAXES • Minnesota Senate passed 15-cent cigarette tax hike 5/I1...S1210 now in conference crnte with House budget measure...H529 also includes 15~ent hike, increase in OTP rate. • California constitutional amendment (ACAI4) again proposes 25-cent cigarette tax hike and "proportionate" tax on OTP...will be heard 5/18 by Assembly Revenue Crate, Massachusetts Joint Taxation Cmte placed 8-cent cigarette tax hike (S 1446) in study "61~his week...revenues were to fund prescription drug subsidy program. Wisconsin Assembly Health Cmte placed 5-cent increase (A364) on interim study 5/12. Alaska House to vote this week on new 25 percent OTP tax (H260). • Two Tennessee bills to extend local tax option (H842., $505) carry over to 1988 session. • ~ cities. Hampton app~roved 3-cent tax increase on 5/12...had first proposed mcKel increase. Nearby, Norfolk also held hearing on 5-cent tax hike this week... Newport News on 5t26. IffRb-~oke, tax was hiked from 2 to 5 cents last week. SMOKING RESTRICTIONS Vermont conference cmte reported workplace policy bill (H86) on 5/13...House and Senate a~tion expected quickly. Nebraska L95 was rejected on reconsideration...dead for 1987. Oklahoma House passed amended version of $327, government offices, restaurants, public places, on 5/13...includes local preemption...returns to Senate for concurrence. Missouri House killed broad measure on 5/13...similar bill (SI 11) still being debated on Senate side...includes preemption of local smoking ordinances. Illinois House considering "clean indoor air" bill (H20)...similar measure ($374) is ~--t'b'~Senate. Ohi___? bill limiting local authority ($51) is on Senate floor. TI19810135

STATELINE May 14, 1987 Page Two Florida Senate Commerce Cmte to hold 5/18 heari.ng on $414, tightening workplace and e-'ffforcement provisions of 1985 state law...House Health Cmte prolxmal to add $100 fine has been introduced as H 1430...sent to House Appropriations Cmte. Alabama restriction measure (H67) gets hearing in House Health Crate 5120. Two Louisiana bills in hopper: $586, $594. Delaware House Health Crate tabled public smoking bill (H-Subl). ~9TnoHOUSe Labor Cmte OK'd workplace bill on 5/I l...sent H2479 to Joint Ways & Means r fiscal review. Minnesota Senate is debating $962...as reported from Health Crate, bill bans smoking in health care facilities...sponsor may try to amend original sampling and advertising bans back into bill. House passed companion (H 1283) as smoking restrictions only 5/7. • California Senate Appropriations Cmte looks at smoking restrictions for airlines, trains and terminals (S 1067) on 5/18. Nevada Assembly Health Cmte considers Senate-passed bill ($365) reqttidng dest~ of smoking ~, 5/21. . Broad restriction proposal in District of Columbia has been referred to Public Works Cmte...no date set for hearing yet. ~assau County, NY Health Commissioner may propose restaurant smoking ban regulation to Board 0t Health at its 5/20 meeting. Midwest. Canton and North Canton, OH, consider restrictions next week...Summit County holds heann~ssue 6/1. Skokie, IL, Board has set public hearing, also on 6/I. South Bend, IN, considers pro~--~ 6/22. California locals. Three restaurant proposals referred to San Francisco Human Relations Cmte...meets 6/4. Up next week, restriction measures in Monterey, Simi Valley, B.udingame. Solano County holds final vote 5126. SAMPLI~G/ADYERTISI~G California outdoor advertising ban (S1550) gets airing 5/18 in Senate Appropriations. • Maine sent weakened vending machine bill to Governor McKernan this week...LD1391 • Massachusetts sales ban in health facilities (H3289) set for Senate floor vote today. STATE SIDEBARS . The Federal labor Relations Authority has ruled that Army officials at Ft. Leonard " Wood, MO, must negotiate with local civilian unions before clamping down on smoking. FLRA spokesman told Federal Times that ruling on negotiability of GSA rules is coming. According to Advertising Age, the American Lung Association's call for ban on cigarette advertising pr6mpted its general counsel, Robert Rob.h, to resign...Rosch told columnist William Gloede, "Surely there would be calls for banning the advertising of alcoholic beverages, junk food, even snowmobiles. You name it." He said such an action would ~take a bite out of the First Amendment. ~ • Ins and Outs. Iowa adjourned 5/10...Tennessee on 5/7. Arizona and Vermont legislators go home this wee~nd. By end of May, 25 states should ~7fi'fi'i~ed for the year. T119810136

Hay 1,~i~ 1,9B7 X X X -X X 'x x STATE ALABAMA ALASKA ARIZONA ARKANSAS CALIFORNIA COLORADO CONNEC~'ICUT" DELAWAR~ FLORIDA GEORGIA HAWAII IDAHO ILLINOIS ,I INDIANA., IOWA KA'NSAS " KENTUCKY COUISIANA ,X X MAINE MARYLAND .... M~.SSACHUSc ,.S .. X MICHIGAN X ' MINNESOTA MISSISSIPPI X' MISSOURI MONTANA X NEBRASKA "" ..... -X I. NEVADA ..X ;... NEW HA~{P'SHIRE ...... X NEW 3ERSEY X NEW YORK X .. ,Np.RT.H, tAR'OLINA NORTH .DAKOT.A .. X x X X X X OHIO 'O.,K.~AHOMA .. OREGON PENNSYLVANIA RHoD~ 'iSLAND S~UTH CAROLINA SOUTH DAKOTA TENNESSEE X TCXAS UTAH "X VERMONT VIRGINIA S W~.S~iN~TON ....... S WEST VIRGINIA X WISCONSIN WYOMING .. a/21 - (B/l) 1ilz (5115) 117 - C'6'/}o) i/7 - '(6/}) 1/1}- (6/}0) CO TO '88 .'TECIAL .SESSIONS CO CO H~'y' o~ '~'.ne "'" CO CO NO REGULAR SESSION 1/~' ' '(1~/}1') 1/~ " - '('~71'~)" ' 1/12' - (7/15) 1/6 - 1/6 - 1/1} 1/1~ - 1/i} - 1/1} - 1/12 - 1/7 - 1/14 - ~/lZ, - ~/la - 1/~ - 1/1} - (i Z/}l ) (5/16) (6/1'1')' ~/? (611) }/1 }/19 (lZ/}1)' 2/28 CO CO CO CO C0 ~/27 - ~30 days , 4/6 - CO - Bills ca~£y ove~ f£om 1987 to 1988 conside£ation. * - New 3e£sey and Virginia bills ca~ied ove~ f~om 1986 to 1987. Adjoulnment dates in parentheses ace tentative. TI19810137

May 21, 1987 STATE HEADLINES Expect Minnesota governor to sign measure (H529) increasin!] clitarette tax 15 cents, to 38 cents, and hlkln~ the OTP tax from 25 to 35 percent. Tlae bill, which passed the Senate 5/19 and the House 5/1~5, Includes tax on floor stocks...effective date 6/1. New rate would make Minnesota tax the nation's highest. • In its rush to adjourn the Minnesota legislature also passed the nation's first ever _statewlde sampIInll ban (H1283) on all tobacco probucts... "'couponing" not covered In ~ laW~...eftective date 8/1. The sampling ban emerged 5/18 from conference cmte, passing "" the House 5/18 and receiving Senate okay in the waning moments of the session on 5/19. Only exemption from the ban would be that "single serving samples of tobacco may be distributed In tobacco stores." Governor expected to sign this measure and the tax bill by 6/9_ deadline. On its way to the governor: Oklahoma tax bill (H1061) to raise the rate from 18 to 23 cents...passed the House 5/20-{b"J74~, Senate 5/21 (31-13). Hais omnibus tax bill also nIh'Effases rates on gasoline, liquor, beer and the sales tax to meet $:348 million budget shortfall. California bill (ACA14) to hike the state cigarette tax 25 cents (and "proportionate" OTP-I-~Vvla a constitutional amendment died 5/Iti tot lack of a motion in the Assembly Tax Cmte...no vote was taken. At that point/~Za,08, a "trailer" bill to ACA14 was withdrawn...the trailer would have created special fund for some tobacco tax revenues. TAXES Now formally introduced in Wisconsin A390...measure would Increase tax from 25 to 28 cents and hike OTP from 20 to 30 percent...bill awaits action in Assembly Ways & Means. Other tobacco products...Delaware Senate Revenue Crate reported SI30, to repeal OTP tax, on 5/13...state voted earlier thls year to cut rate In half, down to 15 percent. Alaska House adopted new 9.5 percent OTP tax 5/13... H260 was assigned to flve Senate cmtes, beginning with State/~ttalrs. . Newport News, VA, 5-cent hike proposal up 5/26 for city council deliberation. SMOKING RESTRICTIONS Nevada House concurred with Senate amendments to A155 on 5/15 and sent the restriction measure to ~overnor...as amended, bill adds ~rocerp stores to restriction areas and requires state government department heads to set smok!ng policies. Meanwhile In Arlzona, Senate passed restrlctlonproposal (H2069) on 5/16 and sent It back to the H~ concurrence...state-ownedbulldlngs would have to restrlct severely or prohibit smokln~l In areas ot public access and'bill mandates separ-~-~[~ sections In private worRplace areas of such buildings. Alabama restriction bill (H67) subject of 5/20 House Health Cmte hearlng...no vote t.~_e_n_.and me_asure assl~ed to subcmte for further study...on 5/19 Senate companion (~2LI) Introduced and re~ to l-ieaRh Crate. TI19810138

May 21, 1987 Page Two New England...Vermont 9ovemor expected to sign bill (H86) requiting employers to establish or negotiate workplace smokl,no resttictlons-~..Housg_ and Senate approved the measure 5/14 after amending out the one nonsmoker veto" provlston In conference crate. On 5/18, Connecticut 9ovemor stained H5085, measure expanding .the 1983 law b~ requiting employers ot 50 + to designate nonsmokin~ areas...the law eff.ectively preempts,local action. Maine bill (LD353), amending current state restriction law, approved in House b'-/2[JT...~ floor action possible today...likely amendment in Senate would exempt county/local application. Other state actlon...in Florida, restriction bill ($414) to Senate Appropriations after 5/18 approval by Sena'[TC'd~merce. Broad Missouri restriction bill ($111) passe, d full Senate 5/19...the measure Includespreemption ot local ordinances...last week the House ~ similar measure...S 111 now (o f-tou~e't6r crate asstgnment. In New York...Nassau County officials discussed but took no action 5/20 on two draft restriction proposals...one draft would ban smoking entirely In restaurants while the other would allow 25-percent of seating for smokers...next heating slated for 6/9... Nassau already has in place stringent workplace law. On 5/22, Monroe County Human Services Cmte may draft NY Public Health Council-style ordinance prop6~al...If proposal is drafted and adopted, full council action could occur 6/9. California communities... Rancho Mlra~je h.olds final readlno of modified smoking ban ordinance toda~...new version allows employee'smoklng lounges and 1/3 smoking set-aside in restaurants. Anti-tobacco coalition expected to push for total smoking ban in restaurants, workplaces and other public places during b/1 hearing in Merced...Davls okayed workplace/restaurant restrictions 5/13...Buriingame adopted on-'fi'57T9 rl/~:fiT'dlon req~g management policy an-'h-d'507~ sections in restaurants seating more than 50. Ohio Iocals...broad North Canton ordinance rejected 5/18, but on.5/26 council to hear n-'~-clty-controiled buildings proposal requiring smoking be limited to designated areas...there Is, however, no reference to private workplaces. Hearing scheduled today in Canton, OH, on broad restriction measure. On 5/27, Summit County (Akron) Council h-dl-cffropen meeting" on broad measure. No action taken 5/19 on Tyler, TX, measure to toughen existing law...next hearing date 7/10. SAMPLING/ADVERTISING California proposal S1550, which would have banned tobacco billboard ads, was defeated 5-/'ISTfi-V~enate Approptiatlons. SALES RESTRICTIONS New York Assemblyman Grannls bill (A5546) to IIm!t cigarette vendln~l sales to places where minors are expressly prohibited was heard b/19 in Assembly Commerce Cmte...cmte voted unanimously to hold measure in cmte...blll now likely to lie dormant in cmte. STATE SIDEBARS Ins and Outs. West Virginia adjourned special budget session 5/14 without considering tobacco tax hlke...could return 5/28 if governor calls. Also out: Minnesota (5/19) and Arizona (5/18)...Vermont to adjourn 5/22. Ti19810139

May 21,~ 1987 STATE HEADLINES Expect Minnesota governor to sign measure (H529) Increasing clyarette tax 15 cents, to .~" 38 cents, and the OTP tax from 25 to 35 percent. The bll[, which passed the hlkin9 Senate 5/19 and the House 5/18, includes tax on floor stocks...effective date 6/I. New rate would make Minnesota tax the nation's highest. in Its rush to adjourn the Minnesota le~]lslature also passed the nation's first ever statewide sampling ban (H]28~) on all tobacco products...etlective date 8/1. The sampling ban emerged 5/18 from conference crate, passing the House 5/18 and receiving Senate okay In the waning moments of the session on 5/19. Only exemption from the ban would be that "single serving samples of tobacco may be distributed In tobacco stores." Governor expectedto sign this measure and the tax bill by 6/.2 deadlin~e, California bill (ACA14) to hike the state cigarette taxx~5 cents {and "proportionate" OTP tax) vla a constitutional amend.merit ~tor lack of a motion In the Assembly Tax Cmte... no vote was taken. At that po~, a "trailer" bill to ACA14jwas withdrawn...the trailer would have create.d~sp~c~la~/~ft/=~n~dJ~o~ ~s~.me tobacco tax ~¢venues. Now formally Introduced I~ Wisconsin A390...measure would Increase tax from 25 to 28 cents and hike OTP from 20 to 30 percent.., bill awaits action in Assembly Ways & Means. Other tobacco products...Delaware Senate Revenue Cmte reported $130, to repeal OTP tax, ..~ on 5/13...state voted earlier this year to cut rate in half, down to 15 percent. ' .~ Alaska House adopted new 25 percent OTP tax 5/13...H260 was assigned to five Senate • crates, beginning with State Attairs. ...... Newport News, VA, 5-cent hike proposal up 5/26~ ~ ~¢~.~L(~,.~ ~,;~., SMOKING RESTRICTIONS Nevada House concurred wlth Senate amendments to A155 on 5/15 and sent the restriction measure to ~iovernor...as amended, bill adds ~rocery stores to restrlctlon areas and requires state ~overnment department heads to set smoking policies. Meanwhile In Arizona, Senate passed restrlctlon proposal (H2069) on 5/16 and sent It back to the H~concurrence...state-owned bulldln~s would have to restrict severely or prohibit smokln~l In areas ~f public access and'bill mandates separ-~ sections In private workplace areas of such bulldlngs. Alabama restriction bill (H67) subject of 5/20 House Health Cmte hearlng...no vote taken and measure asslyned to subcmte for further study...on 5/19 Senate companion ($420) Introduced and reterfed to Health (.:mte. TI19810140

May 21, 1987 Page Two New England...Vermont governor expected to sign bill (H86) requiring employers to establish or negotiate workplace smokln~ restrlctlons.-.-~.House and Senate approved the measure 5/1.4 after amending out the "one nonsmoker veto~ provision In conference cmte. On 5/18, Connecticut I/overnor signed H5085, measure expanding the 1.983 law by requiring employers ot 5U + to designate nonsmoldng areas...the law effectively preempts local ~_ ,, a~ion. ~ ~ Other state action...In Florida, restriction bill (S41.4) to Senate Appropriations after ~/18 approval by Sena'~'L'%-mmerce. Broad Missouri restriction bill ($11.1.) passed full enate 5/19...the measure Includes preemption of local ordtnances...last week the House ~ similar measure...$1.11, now to House for cmte assignment. Illinois / "~'~7... In New York...Nassau County officials discussed but took no actlon 5/20 on two draft restriction proposals...one draft would ban smoking entirely In restaurants while the other would allow 25-percent of seating for smokers...next hearing slated for 6/9... Nassau already has tn place stringent.workplace law. On 5/22, Monroe County Human Services Cmte may draft NY Public Health Council-style ordinance proposal...If proposal Is drafted and adopted, full council action could occur 6/9. California communities...Rancho Mirage holds final reading of modified smoking ban ordinance ~...new version allows employee smoking lounges and 1./3 smoking set-aside in restaura~ntl-tobacco coalition expected to push for total smoking ban In restaurants, workplaces and other public places during b/1 hearing in Merced...Davis okayed workplace/restaur.ant restrictions 5/13...Burllngame adopted on-'h-57T9 requiring management policy and 50/50 sections In restaurants seatlng more than 50. Ohio Iocals...broad North Canton ordinance rejected 5/1.8, but on 5/26 council to hear n-'6"~-clty-controlled buildln~ls proposal requiring smoking be limited to designated areas...there Is, however, no reterence to private workplaces. Hearing scheduled today In Canton, OH, on broad restriction measure. On 5/27, Summit County (Akron) Council h--dl-d~-~open meeting ~ on broad measure. // No action taken 5/1.9 on Tyler, TX, measure to toughen existing law...next hearing date 7/1.0, SAMPLING/ADVERTISING SCalifomia proposal $1550, which would have banned tobacco billboard ads, was defeated 5/18 in Senate Appropriations. SALES RESTRICTIONS SNew York Assemblyman Grannis bill (A5546) to limit cigarette vendln~ sales to places wher.e minors are.express~lted was heard 5/1~ In Assembly Commerce Crate...cmte voted unanimously to hold measure In cmte...bill now likely to lie dormant in cmte. STATE SIDEBARS Ins and Outs. West Virginia adjourned special budget session 5/1.4 without considering tobacco tax hike...could1 return 5/28 If governor calls. Also out: Minnesota (5/1.9) and Arizona (5/18)...Vermont to adjourn 5/22. T!19810141

1987 5TAT=E LEGISLATIVE SESSI'~ Hay 21, 1987 X X X X X X X IN X SIAIE EEl;EAR SESSION CO TO 'BB SPECIAL SESSIONS ALABAMA ALASKA ARIZONA ARKANSAS CALIFORNIA COLORADO CONNECTICUT DELAWARE FLORIDA GEORGIA HAWAII IDAHO ILLINOIS INDIANA IOWA X KANSAS KENTUCKY X ' LOUISIANA X MAINE MARYLAND X MASSACHUSETTS X MICHIGAN MINNESOTA MISSISSIPPI' X X X X X X X X X X 4/21 - (8/I) 1/19 - 5/1~ 1/12 5/1 B 1/12 - 4/20 1/5 - (12/31) 1/7 - (6/30) 1/7 - (6/3) 1113- (6/30) 4/7 - (615) I/lZ - 3/11 1/21 - (4/30) 1/12 - 4/1 1/14- 1/6 - 5/1 1/12 - 5/10 1/12 - (5/31) co co co co MISSOURI MONTANA NEBRASKA 'CO NEVADA NEW HAMPSHIRE NEW 3ERSEY NEW MEXICO NEW YORK NORTH CAROLINA NORTH DAKOTA OHIO OKL'~HOMA NO REGULAR SESSION 4/20- (7/13) 1'78 - (6/30) 1/14 - 4/13' 1/7 - (12/31) 1/14 - (12/31) I/6 - 5/19 116 - 414 I/7 - (61i~) ' I/5 - 4123 1/7 - (5129) 1/19 - (6/15) "1/7 - (6130) 1/8 - (12/31) 1/2o - 3/21 1/7 - (12/31) 2/9 - (7/31) 1/6 - 4/18 1/5 - (12/31) 1/6 - (6115) i/12 - (7115) 1/6 - (12/31) 1'i~ - ill3' - (6/11) 1/13 - 3123 1/13 - 5/7 1113 "- '(611 ) 1/12 - 2/25 117 - (5/22) 1114 - 311 1/12 - 4/26 1114 - 3/19 115 - (12131) 1/13 - 2/28 OREGON PENNSYLVANIA "' RHODE ISLAND sOUTH ~AROLINA SOUTH DAKOTA May or 3une TENNESSEE X TEXAS UTAH X VERMONT VIRGINIA S " WASHINGTO'N WEST VIRGINIA X WISCONSIN WYOMING 2/4 CO CO CO' Co 'CO CO CO CO CO CO 4/27 - 30 days , ,~/6 - 5114 C0 - Bills carry over from 1987 to 1988 consideration. ~ - New 3e~sey and Virginia bills carried over from 1986 to 1987. Adjournment dates in parentheses are tentative. TI19810142