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L RESTRICTIVE LEGISLATION V -- I. Smoking restrictions by areas December 31, 1977 II. Tobacco and health restrictive legisla "ir~ r, t-1• ..t11-1 5-i T- 7 In 41 J STATLER HILTON, SEVENTH AVENUE & 33RD STREET, NEW YORK, N.Y. 10001 (212) 239-4435

INTRODUCTION This report is divided into two separate but interrelated sections. The first is a compendium of smoking restrictions currently in effect ( as of December 31, 1977 ) identifying the places in which the smoking or the carrying of lighted tobacco products is restricted in some way. Restrictions take three different forms: a complete ban, a restriction of smoking to designated areas, a restriction of non-smoking to designated areas. With the exception of transit vehicles, elevators, and some cultural areas, where the designation of a smoking area would be difficult, the vast majority of enactments currently in force across the Nation are designed to restrict smoking to designated areas. The table on both sides of the yellow sheet gives an at-a-glance picture of which States are restricting smoking and in what places. The law citation is also included. With only a few exceptions, TMA has all of these enactments on file. The second section of this report is a listing for the years 1975 and 1976 ( pages 1-9 ) and 1977 ( pages 10-17 ) of all legislation known to TMA introduced and restrictive in nature. This is the third report of this type issued by TMA; the other two cover the twenty-five year period, 1950-1974. Farrell Delman Assistant Director

I. SMOKING RESTRICTIONS ENACTED BY THE STATES AS OF DECEMBER 31, 1977 Thirty-three States have enacted 52 pieces of legislation that are currently in effect nationwide. The range of restrictions is broad extending from Kentucky's smoking restriction on school property to Utah's and Minnesota's comprehensive enactments that effectively restrict smoking in any public place, with the exception of bars. Three additional States have restrictions though these have not been brought into effect by legislative enactment. -1. Busiress/Work .P.Z aces Six_states restrict smoking in business or work places. Alaska permits the posting of no-smoking signs in such areas. I Minnesota prohibits smoking in "indoor areas, used by the general public or.serving as a place of work" except in designated areas and specifically men- tions "retail stores", "offices and other commercial establishments" but excludes I'private, enclosed offices occupied exclusively by smokers even though such offices may be visited.by nonsmokers", and specifically excludes "factories, warehouses, and similar places of work not usually frequented by the general public, except that the department of labor and industry shall, in consultation with the state board of health, established rules to restrict or prohibit smoking in those places of work where the close proximity of workers or the inadequacy of ventilation causes smoke pollution..." New York prohibits smoking while dispensing flammable substances. Oregon asks the Personnel Division to adopt regulatory rules "restricting smoking in places of employment" which would involve setting standards for the designation of smoking areas, among other provisions; :, Utah'defines "public place" as "any enclosed indoor area used by the gen- eral public or serving as a place of work" and specifically mentions "retail stores", "offices and other commercial estab lishments", prohibits smoking in a "public place" except in designated areas, and specifically restricts smoking in "offices, shops, warehouses, factories, mines, and similar places of employment not usually fre- quented by the general public" by asking the local boards of health to establish rules for the restrictions. Washington did not enact but promulgated Regulations (the only Regulations listed in this report since the Report, with this exception, co'vers only enact- ments) that prohib it smoking in public areas of retail stores and financial insti- tutions. Depending on how one interprets the phrase "any area used by or open to the public',' Georgia might be considered another addition to this list provided that the area is designated by a no-smoking sign.

ii 2. Cultural Places Nineteen states currently restrict smoking in one or more of the following: indoor theatres, art museums, galleries, libraries, concert halls, auditoriums, lectures, opera houses, and other similar facilities. Most of those states marked with an X in this category have mentioned at least four of the above. Several of the states allow for smoking in separated lobbies,of such establishments. 3. Indoor Sports Arena This category is meant to refer to arenas both for public viewing and for public performance. Seven states now restrict smoking in these areas. Alaska specifically mentions gymnasiums, swimming pools, or publicly oper- ated "places of entertainment or recreation". Colorado specifically mentions enclosed "sporting arenas" among those areas where smoking shall be allowed only in a lobby that is "reasonably separated from the spectator area". Minnesota mentions "arenas" specifically and has an extremely broad definition of "public place" in any event. New Hampshire restricts smoking in the public area of a "sports arena". -Oklahoma limits its restriction to "indoor roller skating rinks'of a per- manent structure". Utah mentions "arenas" in its widely embracing enactment; and Washington regulates smoking in "indoor sports arenas". 4. R--staurants/Cafeterias While some states, suc_h___as_-Caiifornia~Aave enacted legislation that affects the operation of restaurants and cafeterias in publicly-owned buildings (Category 7), only 4 states have restricted smoking in private establishments to designated areas : - Michigan requires "food service" establishments that have a seating capacity of 50 or more to have a non-smoking area. ' Minnesota mentions "restaurants " specifically. Utah specifically includes "restaurants", "cafes", and "cafeterias" in its definition of "place of business", and accordingly restricts smoking to designated areas; and North Dakota restricts smoking to designaied areas in "restaurants, food service establishments, dining rooms, cafes, cafeterias, or other rooms used pri- marily for the service of food" provided they have a seating capacity for 50 or more.persons.

iii Colorado encourages but does not require the seating of smokers away from non-smokers; the proprietor is given the right of "optional prohibition" and is required to post a sign indicating whether provisions have been made for nonsmokers. 5. Food Stores This category refers to supermarkets and other food outlets. Five states have enacted legislation dealing with these areas. Massachusetts mentions "supermarkets". Michigan refers to retail food establishments for home consumption. Minnesota includes food stores under the broad category of "retail stores". Rhode Island specifically includes "supermarkets" in its prohibition; and Utah includes these areas in its category "retail stores". 6. Health Facilities Hospitals, nursing homes, medical or dental clinics, and other health care facilities are included in this category. All of the 22 states marked in this category restrict smoking in at least one of the above while most tend to include more than one place even if the restriction is meant to apply, for example, only to "waiting rooms" in those areas. For qualifications regarding these restrictions make use of the "Comments " section on the chart. With the exception of transit vehicles, there are more enacted smoking restrictions regarding health facilities .than in any other area. 7. Publicly-Owmd Buildings This category posed a'problem of classification because of its generality.• If an enactment made specific reference to publicly-owned buildings whether these were hospitals or cultural places and designated only publicly-owned buildings for the restriction, category marked is that of publicly-owned buildings. Since the, enacted legislation rarely treats schools as publicly-owned, at least in terms=.off the language if not the spirit, specific mention is made under "Comments" if :the restriction is meant to apply only to public schools. The same is true of transit vehicl8s. If the restriction is meant to apply to both public and private estab- lishments of a particular type, both are marked on the chart. 8. Public/Government Meetings This category includes all meetings or gatherings of either elected officials, in formal meeting places such as House or Senate Chambers, Committee meetings, etc. or of citizens in non-private meetings.' If the restriction is only related to activ- ities by government representatives, this is noted under "Comments" and marked with an *. Seventeen states now restrict smoking in public/government meetings but

iv only nine of these have come by way of enactments with the others resulting from Resolutions, Regulations, or Referendums in the respective Legislatures. 9. Schools Unless qualified under "Comments" this category refers to al]l schools. Some enactments refer specifically to primary and secondary schools while others mention colleges or only public schools. Fourteen states now restrict smoking in schools. 10. EZe vators Twenty-one states have formally enacted legislation prohibiting or re- stricting smoking in elevators though , others such as New York regulate smoking in these areas. 11. Transit Vehicles This category has been broadly defined to include buses, trains, or planes whether publicly operated or not. If the enactment makes specific reference to public conveyances, this has been indicated under "Comrnents ". More states have smoking restrictions on the books for transit vehicles than for any other type of area-related restriction with 26 states participating. 12. Any Public Place In reading through the enactments one encounters a reference to all public places that meet certain conditions whether these be exhibiting a no-smoking sign as in the case of Georgia, or requirements as to seating capacity as in the case of North Dakota and OAio or general definition such as "any enclosed indoor area" as in the cases of Minnesota and Utah. 0

V ON READING THE TABLE Since the table compresses a considerable amount of information, a few words on reading the table will prove helpful. 1. X- asks you.to refer to "Comments" where particular qualifications are described. 2. If there are several (X-)s, the order of Comments reflects the left to right order of (X-) s. 1 3. X , for example, draws your attention to the particular enactment responsible for the given restriction. Xs without superscripts refer to unmarked enactments. . 2 4. X, , as for example in the case of Connecticut, indicates two actions on the same restricted area. 5. Laws relating to enforcement, e.g. posting signs, when related to previously restricted areas are not included here. Only in the case of Washington's comprehensive Regulations and Kansas' House Resolutions are anything but enactments included on the table. \

SMOKING RESTRICTIONS ENACTED AND IN EFFECT BY THE STATES AS OF DECEMBER 31, 1977 »i. 91 - - /o -. -- • yi • . _ ~ . ~p L C Q , ~.t _ L m . ~ ~_ . m y) ' fp . m U 4 COMMENTS. BASIS Alaska X- X X- - X X- X X X X -If signs posted;-gym or pooi; Untess we11- H 129 {]975) - ventii ' ated X X- X X X_ -Walting rooms only; -Buses oniy . S 1213 {197~ Arkansas:~ X X- . ' ~ -School buses H 541 (1977) 1 2 ' i 6 California~ X. X X- X X X n these H 2291 -Specifically excludes restaurants (197 l buildings as long as lessee as of 1/1/77 s 171 (1975) has lease. 2s 206 {1971} Colorado'r~,~ ~_ . X- X- ~ X X- X X X X -ExdeQt'in -separated lobbles; -•equires :- s _ 137 (1977) ~~ signs indicating whether areas have been• >- ~ designated;-=Waiting rooms.only Connecticut ~~~ ? X" X X~ X X Xi *House ~ Senate ban on smoking in Chambers iH 8074 (1973: 2H 5518 (19741 H 8029 (1977; Delaware-~. ~ X- -Trackless trolleys 8 buses S 65 (1975) t " i i u 1 8 4 Florida X- X -Superv sor determines reg lating rules; H 31 '. (197 ) no limits in corridors, lobbies E restrooms S 257 (1977) Georgia X- X- X- -Designated by a no-smoking sign H 250 {1975} Hawaii X- -Specifies elevators, enclosed meetings,._:;.. H 2169 { 197b) enclosed auditoriums or sports'arenas, enciosed community centers l daho ~-~ : X S 1185 (1975) ' Kansas~, X- "" X- X! ' X- X- ` *House Chambers; -Only where a no-smokyng,'; 5 121 (1975) i sign is posted; -buses only *HR5061 (1976) Kentucky~ ~- ~ X- . -Except'adult employees of the schooi H 178 (1976) r~ system, who-smoke in assigned room (s) _ ~ ~ ' Maine X* ; *House Sessions - t t 3 Maryland X1 X2 X3 3Dtrectors to implement b enforce a plan,- *--?S 508 (1975) Buses only • , 3S 504 (I975)" 507 (1975) :Massachusetts X_- X• X ,; X X- ne= .• -Operated by MBTA ~ does not' ailow.,des.ig H 4055 (1995) ted areas; *lncludes trains & planes-_- ~H i+39b (1968) , Michigan X3 X2 X~ " iNursing homes on1y; AGuidelines for hospi 5579 (197b) tals 4158 (197b) _* *H 4453 (1976) Mtnnesotay~ X X X X X "X X X X X X X Widest legislation on record; see textuai H 79 (1975) note; specifically excepts bars , ` febraska _ X ~ X- X X ` -Patient rooms E patient areas; Buses only _ LB 600 ('i974) ¢ , ~4 L 38 (1977) d f i co i y ng e T'f~4A SPECIAL REPORT ~ i ~~ ~, -~ '~° j 10 Y U_ W . U A ,r,,, ~, g U Q r ' t- O - O t \ : - ;~ U R n '> o t- m = . v p _ m. tn Q . Q tL Qj• C~ •. . L. ~ N ' 10 -. . L } ;. a •- {p '!•" . a c -_- . 0 r0 m II. -r~`.a~+ o - - - a a c . ' EA . •0 N .• ., O IQ c'--m O N ~ 7 U~ L Q3 U fl: - YL..--S~ -~' -~ V) LU F-

SMOKING RESTRICTIONS ENACTED AND IN EFFECT BY THE STATES AS OF DECEM,BER 31, 1977 1J1 N 1!1 07 f0 c L N 'O C m + tn m ~- N < Y4) - a) U) N U V (11 V f0 •t- a Lo + m o q > (1) o <n 0 0 iL >- C~ N L CbMMENTS 1- 4- N L 0 7 O ~ + - v V O m m d + 0 4- v 0 '0 c (lI O f0 d ~ m 10 T U . (31 LOL S •d d tn W F- ~ •BASIS Nevada X X- X.i X X X- -Public waiting room, lobby, or hallw?y; IH 17 (1975) -Hdllway, waiting room ar cafeteria; Any H 666 (1977) area when designated; -Public buses only New Hampshire X X X- X- X* X X 1 1 -Public area of hospital;. -In areas des- H 46•(1949) ignated as non-smoking; *House Floor H 142 (1977) New Jersey X* X- *During House Sessions;-Certain railroad cars S 491 (1972) 1 1 New York X X- X* X While-dispensing flammable substance; H 2933 (1971) =Except separated lobby; *House Floor only S 187 (1975) North Dakota X- X* X- X X- X X- X* -Except.theatre lobbies; -Except patient S 2328 (1977) rooms;--Public•only; * With a seating Repealed capaci,ty of 50 or more H 1492 (1975) Dhio X- Xi X X X X- X* -Except lobby; -Patient rooms;-Public ve- 1S 96 (1976) hicles;*With a seating cap. of 50 or more S 212 (1977) except food service places, dining" rooms, cafes, cafeterias, bowling alleys, places of alcoholic consumption; INo more than 1/2 rooms designated as smoking in their entirety )klahoma X X- X X -Indoor roller skating rinks; -Buses only H 1009 (1975) Yegon X2 X2 4 X- XI • -Asks Personnel Division to adopt regula- ?H 2502 (1975) tory rules; -in public buildings 3H 2420 (1977) H 2423 (1977) 4S 508 . (1973) ennsylvania X • S 168 (1977) hode" Istand' X X X X- X X- -includes colleges; - Public buses only 5 8(1977). outh Dakota X Xt X X- -Any elementary or secondary school bldg.; S 52 (1974) -Public buses only ' exas X X- X- X X- -Hospitals only; -Public primary or secon- S 59 (1975) dsry;:-A11 buses & public trains & planes tah X X X X X X X X X X X X- -Any-enclosed indoor area used hy the gen- H 25 (1976) eral public or serving as a place of work; except private social functions; only a bar may be designated as a smoking area in Its enti rety ermont X- -Except when Rep. Collins is absent 1973 irginia X= -Except 20$ capacity In rear of buses 1974 ashington X- X X X X X* X X. X- -Public area of retail stores & banks; IS 3037 (1974) *House Committee hearjngs; -Extended by Reg. WAC 248- Health Regulations; State ferries only 152 (1975) yoming X* P *House sessions ~ W TMA SPECIAL REPORT

vi ' II. TOBACCO AND HEALTH RESTRICTIVE LEGISLATION: 1975, 1976, 1977 Unlike the material presented in the table, the list of restrictive bills and enactments contained in this section is not limited to areas but includes such categories as sales to minors, anti-tobacco education, greater enforcement of smoking restrictions, restrictions on sample distribution and tobacco advertising, among others. With few exceptions the format for 1975-1976 (pages 1-9) is the same as that for 1977 (pages 10-17). In order to help us determine the likelihood of passage of bills coming before the 1978 State Legislative Sessions, reference to the disposition of similar bills introduced in earlier Sessions should prove helpful. For this reason, more extensive footnotes regarding dispositions are.-contained in the 1977 list. Four corrections should be noted: Michi an bills H 4158 and H 4294, introduced in 1975, were approved in March of 1976 and should appear with an asterisk (*) indicating "enacted". The same is true for Oregon's H 2502 (1975), approved.June.13, 1975 and Utah's House Resolution 15 - - - - --- --~ - (1975), adopted March 13, 1975. - - -- --- - . TRENDS IN LEGISLATION. Bills and Enactments - - - - - - --- -. - - - - ° From 1950 through 1970, a little more than 500 restrictive bills were introduced across the country. The figure for the somewhat overlapping period, 1966 through 1974, is 470 while the three year period, 1975 through 1977, saw no fewer than 386 introductions. During these respective intervals, there were 45, 42, and 41 legislative enactments. - The average number of bills/year for the 1950-1970 period is about 24, for 1966-1974 about 52, and for 1975-1977 about 129 indicating the enormous growth in legislative interest in tobacco and health. The average number of enactments/year has also been rising from about 2 to about 5 to about 14 for the respective periods. Interestingly, the ratio of enactments to bills introduced during the period, 1966-1974, remained at about .09, the same'as for 1950-1970. The ratio, however, jumped to .11 for 1975-1977 indicating that not only are more bills being introduced per year and enacted per year, but also the chance of an enactment once a restrictive bill has been introduced has also been rising.- For 1975 there were 24 enactments out of 156 proposals - the highest ratio on record. In 1976, when a number of States were not in session, there were 3 enactments out of 72-introductions while in 1977, there were 14 enact- ments out of 158 proposals. Subjects .. The subjects of sales to minors, tobacco education, warning labels, advertising, and.vending machine sales were prominent both with regard to introductions and enactments during the period -1950-1970. With the passage of both the Federal Cigarette La1elling and Advertising Act, effective 1-1 , n ,o X=