MICHIGAN 38TH STATE TO GO SMOKE FREE!

Today, December 10, 2009, the Senate passed and the House concurred with HB 4377 which bans smoking in most public places statewide. It is currently on its way to Governor Granholm’s desk to be signed into law.

Here are some of the high (and low) lights of this historic legislation:
· The bill’s official title is “The Dr. Ron Davis Act of 2009”
· Under this legislation, ALL BARS AND RESTAURANTS will be non-smoking.
· The effective date is May 1, 2010
· The labor union exemption that was included in the original version of this bill has been stripped out!
· Tobacco specialty stores may be exempted provided they meet the following requirements:
o Their primary purpose must be the retail sale of tobacco products and smoking paraphernalia.
o Owners must prove that the store generated 75% or more of its total gross annual income from the on-site sale of tobacco products and smoking paraphernalia (meaning online sales DO NOT COUNT).
o This does NOT include any establishment with any type of liquor, food, or restaurant license. Translation: 95% of the hookah bars will have a choice – “Get rid of your food license or get rid of the hookah.”
· Cigar bars may be exempted provided they meet the following requirements:
o They must be in existence on May 1, 2010.
o Cigar bars MUST have an installed on-site humidor.
o Owners must file an affidavit proving that the cigar bar generated 10% or more of its total gross annual income from the on-site sale of cigars and the rental of on-site humidors.
o The smoking area must be physically separated and enclosed on all sides from any non-smoking areas.
o The cigar bar prohibits the smoking of all other tobacco products (no hookah, no pipes, no cigarettes, etc).
o The cigar bar allows only the smoking of cigars on the premises that retail for over $1.00 per cigar (none of those cigarettes masquerading as “little cigars”).
o You must purchase the cigar on the premises if you’d like to smoke in the cigar bar.
· Casinos are partially exempted
o Only the gaming floors of casinos are exempted.
o All bars and restaurants that are in or are part of a casino may not allow smoking.
· This bill passed 24-13 in the Senate and 75-30 in the House.

Although we would have preferred a comprehensive bill without exemptions, this is still a very well written bill and will protect a majority of Michigan’s workers from the dangers of secondhand smoke.

More importantly, this legislation passed because of YOUR EFFORTS. It was your tireless phone calls, visits to legislators, emails, and letters that kept the pressure up and ultimately got this passed. Enjoy this moment! We still have some work ahead of us, but are more than halfway there. We will be in touch in the near future with next steps.

Thank you, all of you, again. Now, go celebrate!

Top 10 Reasons Andy Dillon Should Bring Up the Smoke Free Bill…Again

Nearly a month ago, the House voted on HB 4377 which would make Michigan workplaces smoke free but exempted casinos, cigar bars, and tobacco shops. Speaker Andy Dillon (D-Redford) had reportedly told his caucus members that he would allow a vote on a clean bill without exemptions, but when those amendments came up (respectively brought by Rep. Joan Bauer (D-Lansing) and Rep. Paul Scott (R-Grand Haven)), they were quickly gaveled down and no votes were taken. Dillon said he wanted to see what the Senate did with HB 4377.

Despite Senate Majority Leader Mike Bishop’s (R-Rochester) previous statements that he would only allow a vote on a clean bill, Dillon seemed optimistic that he could “work something out” between the chambers. However, Speaker Dillon also made some public statements to business owners as well as to members of his caucus that if the Senate failed to act on the smoke free workplaces issue that he would allow for a vote on a comprehensive bill.

As of this writing, twenty-nine full days have passed since the House sent HB 4377 over to the Senate. It’s time for Speaker Dillon to act by sending a comprehensive smoke free bill, such as Rep. Bauer’s HB 4341 or Rep. Scott’s HB 4099 to the floor for a vote.







Here are 10 reasons why Speaker Dillon should take up the smoke free workplaces bill:









10. Leadership. Dillon can take this opportunity to pass comprehensive legislation and become a leader and champion for the state’s public health, rather than being accused of “holding up” Michigan’s health by passing a bill the Senate leadership has refused to address. He can ">“take the lead” in creating public health reform that works.

9. Public Health. As someone who has said he is committed to public health, this would be a big victory for both Dillon and the State of Michigan. States that have gone smoke free report have reported near immediate drops in the heart attack rate. Long term benefits include further drops in heart attack, cancer, and asthma rates.

8. Poker and Politics. Senate Majority Leader Mike Bishop has wavered on the idea of even taking up the issue of smoke free air. Bishop has previously said, however, that he would consider allowing a vote on a comprehensive bill. If Speaker Dillon passed a comprehensive bill he would call Bishop’s bluff, leaving him no choice but to allow a vote on smoke free air. Smoke free air can be debated as a public health issue, not a political game.

7. The economy. Research shows that the new economy thrives in areas that provide access to a great quality of life. Quality of life factors can include health care, jobs, and working conditions. States with smoke free workplaces laws have reported less employee absenteeism due to smoking related illnesses and ailments (such as chest colds, bronchitis, asthma, etc). Employees in smoke free states also report a more pleasant working experience (as compared to pre-smoke free status). Employers also generally see a decrease in direct health care costs for insurance, as well as lower maintenance costs (since carpets, furniture, and equipment last longer in smoke free environments).

6. The economy. Michigan residents spend 1.1 billion Medicaid dollars on smoking related health care. Each Michigan resident spends at least $306 annually to address smoking related health care costs. In addition, the state loses $3.95 billion in production costs due to tobacco use.

5. Constituency. It is what the people want. Over 2/3 of Michigan voters have indicated that they support smoke free laws. Give the people what they want.

4. Bipartisan cooperation. During his Opening Day Remarks, Dillon said, “While we may never end the partisanship that has divided this Capitol in the past, we can focus our energies in areas where we share common ground.” The smoke free workplaces law epitomizes an area where there is common ground. Legislators on both sides of the aisle support comprehensive smoke free air, and Speaker Dillon would do well to unite the parties on this issue.

3. Integrity. If Speaker Dillon took a vote on comprehensive smoke free air, it would add to his reputation as a politician who keeps his word. Following the failed vote on HB 4163 last session, Dillon assured smoke free advocates that the issue would be taken up again during 2009. On opening day, he prioritized the smoke free air issue and challenged his colleagues to finish working on the issue.

2. Future prospects. Speaker Dillon is term limited in 2010. Following a long and successful political career in the House, it’s hard to imagine that either Dillon or his constituents want to see him go anywhere. In a run for Governor, Attorney General, or other office, having this law’s passage on his list of accomplishments will stand out. (See also Reasons 3-5).

1. This really is a life or death issue. The Surgeon General has concluded that there is NO safe level of secondhand smoke exposure. Following the implementation of smoke free laws, heart attack rates go down significantly. Within two months of going smoke free, states have reported 60% drops in complaints about respiratory difficulty (such as shortness of breath, asthma attacks, bronchitis, etc). Passing a smoke free workplaces law is an efficient, economical way to help our struggling public health system.

Michigan's people have waited for too long. The evidence is in, the support is overwhelming, the time is NOW.

Contact Speaker Dillon and ask him to do the right thing, keep his word, and call for a vote on comprehensive smoke free air.

CALL: 888-737-3455
FAX: 517-373-5976
EMAIL: andydillon@house.mi.gov
ADDRESS:
26284 Graham Rd.
Redford Township, MI 48239

Good But Not Good Enough

On Tuesday, May 26, the House passed HB 4377 by a vote of 73-31. The bill makes workplaces smoke free with exemptions for casino gaming floors, cigar bars and tobacco specialty shops. An amendment requiring that a cigar bar or tobacco shop be in existence by December 31, 2009; makes all casinos smoke free after all lower peninsula tribal casinos go smoke free; and gives the Michigan Gaming Commission the power to define the term “gaming floor” was substituted for the bill.

Those of you who have followed this saga will no doubt see the striking similarities to last year’s smoke free debate. Despite pressure from thousands of constituents across the state, the House leadership still did not see the wisdom in supporting a full ban. According to the subscription only MIRS news, Speaker Andy Dillon, D-Redford, and Representative Bert Johnson, D-Highland Park, “engineered” the vote; “basically by getting the 69-member House Democratic Caucus to go along.”

Dillon maneuvered the floor so that the caucus-preferred version of HB 4377, complete with exemptions, was the one that passed. All amendments offered on the floor, with the exception of the amendment mentioned above, were quick-gaveled down without any roll call votes.

Rep. Joan Bauer, D-Lansing, and Rep. Paul Scott, R-Grand Blanc, each offered their own amendments to change HB 4377 to a comprehensive bill. Unfortunately, as with the other amendments, Rep. Shanelle Jackson, D-Detroit, followed the leadership’s directives and gaveled voice votes a split second after Bauer and Scott spoke.

In a press release from the Campaign for Smokefree Air (a group which TFM is affiliated with), spokesperson Judy Stewart expressed her disappointment. “This is a weak attempt to provide smokefree protection to Michigan workers. Though we’re happy that the House has moved legislation, we still feel that all workers deserve to breathe smokefree air. We’re disappointed that amendments to make the legislation stronger were not considered.”

The bill is set to advance to the Senate next Tuesday, June 2. The Republican-controlled Senate has previously said that they will support nothing less than a full ban. This year, however, there is word circulating that Senate Majority Leader, Mike Bishop, R-Rochester, has been getting a lot of pressure from smoke free proponents. Bishop’s spokesperson has said that the majority leader won't stand in the way of what the caucus wants to do in regard to passing a bill with exemptions.

“We have faith that in the end Michigan lawmakers will do the right thing and protect the health of all Michigan workers,” said Stewart. “No one should have to choose between their health and a paycheck.”

Thank you again for all of your calls and emails to your Representatives and to the Speaker of the House. Although we are disappointed to see a bill with exemptions and will continue to advocate for a comprehensive bill, we are happy to see that some progress has been made toward smoke free air in Michigan. We will be sending out and posting an action alert within the next week with the next steps in this campaign.

A Glimmer of Hope

Two and a half weeks after Regulatory Reform Committee Chair Bert Johnson delayed the much anticipated vote on a smoke free workplaces bill, he has scheduled another hearing on the matter. The bill is sandwiched in with a mess of other items on the agenda from a bill allowing a restaurant on Wayne State’s campus to sell liquor to a bill regulating hearing aid dealer license fees.

The number of bills on the Committee’s to-do list suggests that HB 4377 will be voted on and may just make it to the House floor. There is little doubt that this hearing is happening because of the furious flurry of calls and emails that have been logged on the Speaker’s and House Majority Leader’s lines.

For over a month, everyday people from around the state have voiced their support of smoke free air…loudly. Here’s hoping that our legislative leadership has woken up to smell the smoke free air.

The hearing will take place on Wednesday, May 20th at 12:00 p.m. at 326 House Office Building in Lansing.

Individuals who wish to bring written testimony need to supply a minimum of thirty copies for distribution. Individuals needing special accommodations to participate in the meeting may contact the Chair's office.
Committee Clerk: Eric Esch
Phone: 517-373-0070

Michigan legislators need to do their jobs

There’s been a lot of fuss lately about Sen. Tupac Hunter’s, D-Detroit, bill which would place the smoke free air issue on the 2010 ballot. The proposal, if passed, would finally give Michigan a fully comprehensive smoke free workplaces law. The casino issue would be moot because they wouldn’t get the exemption that has been one of the major reasons behind the hold up.

While Senator Hunter’s proposal is admirable, it doesn’t address the problem. The problem isn’t just smoke free air; the problem is “key legislators” like Senate Majority Leader Mike Bishop, R-Rochester, and Speaker Andy Dillon, R-Redford. These two have managed to step on the bill at every opportunity, outwardly shirking their responsibilities to the people of Michigan while kissing babies as they take steps towards their next political aspirations (Bishop for Attorney General and Dillon for Governor).

During last December’s near passage of the smoke free workplaces bill, it seemed like Dillon was behind the bill. He has said publicly that he’s behind the bill, but conversations with the Speaker have revealed that he’d vote “NO” on a bill if it ever got out of committee. This is an interesting reveal coming from the same man who, during his inaugural speech this year, prioritized the smoke free workplaces bill and challenged himself and his colleagues to pass it before summer.

It has become abundantly clear to anyone paying attention to this issue that Andy Dillon has broken his word to the 2/3 of Michigan citizens who support this bill. He is the one stopping the bill from getting to the House floor, he is the one who has stymied any movement by grassroots advocates, and he is the one who should take responsibility.

It is well understood that the smoke free workplaces issue would pass overwhelmingly if it were to wind up on the ballot. But keep in mind that would be an expensive and ugly process that places the entire burden on Michigan citizens. Why should YOU shoulder the workload and expense of the legislature’s job? Why should YOU be responsible for cleaning up a mess that Andy Dillon has made worse?

During his inaugural speech he said, “[Michiganders] expect us to make the tough decisions, just like they are making at home and in the corporate boardroom throughout the state. They sent us here to do a job, and it is incumbent upon us, as their employees, to do it.” Call him today at (888) 737-3455 or email at andydillon@house.mi.gov and tell him to do his job and get a comprehensive smoke free law passed.

As for Marlboro Mike Bishop, his hands aren’t clean either. He can act on SB 114 (Sen. Basham's comprehensive smoke free bill) any time he wants. As for Sen. Hunter’s ballot initiative? Bishop stuck it in Government Operations and Reform, aka “Where Bills Go To Die.” He’s said in the past that when it comes to a smoke free bill, it’s all or nothing. Well, 66% of Michigan residents want it all. Tell him to listen to his constituency and protect the public health. He can be reached at (877) 924-7467 and senmbishop@senate.michigan.gov.

Call to Action - Ashtray Andy and Marlboro Mike put Michigan's health behind $$$

On April 8, House Speaker Andy Dillon, D-Redford Township, and Senate Majority Leader Mike Bishop, R-Rochester, announced that the smoke free workplaces law will be shelved until summer in order to work on a budget.

That’s right, all 148 people will be working on the budget at the same time. Picture it, all of the legislators checking each other’s math, punching in numbers on a calculator, and really getting down to work, full time, for eight hours a day until June. This truly is government efficiency at its finest.

While Dillon, Bishop, and the rest of the politicos push beads around on a communal abacus in an attempt to deal with the budget, the future of Michigan residents’ health is beginning to look even more dim.

These decisions came at the close of three weeks worth of testimony in the House Regulatory Reform Committee on the various smoke free bills, as well as three state-funded field trips to various casinos and cigar bars. These field trips were taken in the interests of “taking in all of the information” so that committee members could make a balanced decision on the welfare of the state. I’ll remind you that the committee is chaired by Rep. Bert Johnson, D-Detroit, who has previously voted against a comprehensive smoke free bill.

Michigan residents want this bill to pass. A poll of Michigan voters conducted by EPIC-MRA showed that two-thirds support a smoking ban in all places, including Detroit’s casinos.

As for the State’s dire economic circumstances that have been the excuse for not dealing with this pressing public health matter, take a look at some of these 2007 statistics:

• Michigan spent $3.4 billion on health care costs directly related to smoking
• Michigan lost $3.95 billion in productivity due to smoking.
• Each Michigan family paid $306 for smoking related health care

But, to their credit, not ALL of the Michigan legislators are pleased with Bishop and Dillon’s latest stall tactic. Sen. Ray Basham, D-Taylor, a champion for smoke free workplaces has rebuked the leadership for their inability to deal with more than one issue at a time.

“I'm OK with multi-tasking," Basham told the Detroit News. "When 3,000 people are dying in Michigan every year from secondhand smoke and smoking-related diseases are costing us billions a year for health care, we should find time to deal with this."

The leaders’ excuse that “now isn’t a good time” isn’t valid. Based on the mere fact that the bill has been rolling around the Michigan Legislature for the past 11 years, it seems that NO time is a good time for the state’s public health. People are getting restless, and talk of an expensive ballot proposal is building.

The lawmakers have said that a ballot initiative is the last thing they want to see, but I don’t buy it and neither should you. After all, why should the lawmakers make the so-called “tough” decisions when they can pawn off their jobs on the people? It’s become shockingly clear that Dillon and Bishop don’t have the guts to stand up for public health. They would rather engage in petty arguments, take expensive field trips, point fingers, and push papers than address their constituents needs. Let them know they’re wrong.

Call and write Andy Dillon and Mike Bishop and ask them to do the right thing and support what the majority of Michiganders want; now, not this summer.
Dillon can be reached at (888) 737-3455 or andydillon@house.mi.gov
Bishop can be reached at (877) 924-7467 or senmbishop@senate.michigan.gov

Hearing on Smoke Free Workplaces Bill tomorrow

Speak up for smoke free workplaces in Michigan! There will be a hearing tomorrow and the Regulatory Reform Committee will be taking testimony on both sides of the issue. Here's the info:

Regulatory Reform, Rep. Bert Johnson, Chair

Date: 04/01/2009Time: 12:00 PM

Place: 326 House Office Building, Lansing, MI

Agenda:Continuing testimony on a statewide smoking ban.HB 4377 (Gonzales) Health; smoking; smoke-free workplace and food service establishments; require.

To view text of legislation go tohttp://www.legislature.mi.gov/mileg.asp?page=Bills

Individuals who wish to bring written testimony need to supply a minimum of thirty copies for distribution.

Let the Reps know that YOU support Smoke Free Laws TOMORROW!

Do you think smoking sections in restaurants should be a thing of the past? Are you shocked that Michigan hasn't passed a smoke free regulation yet? Are you wondering what the hold up is on this darn law?

Well...find out! Join us tomorrow for a meeting at the Michigan House Office Building for a committee hearing about smoke free legislation. That's right the MI House Regulatory Reform Committee will be meeting tomorrow to hear testimony on Smoke Free Legislation. This is the second in a series of hearings that will (hopefully) culminate in a vote on April 1, 2009.

So if you're shocked and appalled, or even just mildly irked that Michigan is still NOT smoke free, unlike 35 other states, go to the hearing and tell these Representatives what YOU think. Doctors will testify, advocates will testify, victims of tobacco related illnesses will testify, and YOU can testify. Some of the most powerful testimony comes from ordinary citizens because it's the ordinary citizens who elect, and re-elect these politicians.

These Representatives really need to hear from some of their younger constituents, i.e. high school and college students. A lot of politicians have no idea what their younger constituents want, some of them don't even seem to care. We at TFM urge you to MAKE THEM CARE. During our last election cycle, the youth movement turned out in masses to vote for change. Let's keep this momentum going and register our voices once again.

So if you've got something to say, say it tomorrow at the Regulatory Reform Committee Meeting:

12:00 PM
326 House Office Building, Lansing, MI
Agenda
Discussion on a statewide smoking ban
Chair
Representative Bert Johnson

If you can't make it to the meeting, you can also watch the hearing via webcast and stay tuned for information about future hearings.