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!

Week 4: The Writing is on the Wall

ACT NOW! OR FOREVER HOLD YOUR BREATH

The "Writing is on the Wall" for our state legislators. It's time for Michigan to be smokefree!

This week, we're using Facebook to get our message across. Did you know many Michigan legislators have their own Facebook pages?

We need you to take action by posting a positive message on your lawmaker's wall or sending it directly to them via private message. When communicating with your lawmaker please be respectful but most importantly, let them know you want a comprehensive smokefree bill passed today! http://www.facebook.com/

Not a Facebook user? You can still take action by calling your legislators!

Tobacco Free Michigan has its own Facebook page. Become a "fan" here: www.facebook.com/tobaccofreemi

Here is what you can do in addition to posting on your legislator's page:

• Make sure all of your Facebook friends know about our page and encourage them to become a fan.



• Find your legislator and get "connected" with him or her today. If you don't know who your legislator is, go here: http://www.house.mi.gov/find_a_rep.asp or here: http://www.senate.mi.gov/



• Share our Facebook messages and alerts with your friends and post them in your news feed



• Visit the Campaign for Smokefree Air page, save the logo, and make it your profile picture for the week

As always, we want to hear from you. Once you've taken action, leave a comment on the Act Now! blog at http://campaignforsmokefreeair.wordpress.com/

WEEK 3: ACT NOW OR FOREVER HOLD YOUR BREATH

It’s pretty scary…

In the year since our lawmakers failed to pass a comprehensive smokefree bill, another 16,000 of our Michigan kids became regular, daily smokers. Don’t let our lawmakers fall for tobacco industry “tricks.” The Legislature can give our kids a real “treat” this year by passing a comprehensive smokefree bill.

IT’S TIME TO ACT NOW OR FOREVER HOLD YOUR BREATH!

This week, we want you to CALL your Senators and Representatives and tell them you want a comprehensive smokefree law NOW!

Teens who work in smokefree worksites are 25% less likely to smoke than those who work in places without smoking restrictions.

We want to hear from you. Once you've taken action visit our "Act Now or Forever Hold Your Breath" Campaign blog and leave a comment telling us what you've done!

Let’s have our kids collecting candy instead of cancer this year…

ACTION ALERT: ACT NOW OR FOREVER HOLD YOUR BREATH

They say a picture is worth a thousand words. Take a look at this picture:

Something is not right. Michigan is one of the “unlucky 13” states that still does not protect its residents from the dangers of secondhand smoke. Please email your legislators TODAY and tell them it’s time to pass a comprehensive smokefree bill.

Despite the ongoing budget battle, last week the Senate took action to pass the legislation allowing you to hang items from your review mirror. The vote prompted Sen. Tupac Hunter, D-Detroit, to lament that the Senate spent time on "the fuzzy dice bill" when it could have devoted time to more substantial issues -- such as a comprehensive smokefree workplace law. We could not agree more!

Take Action Now or Forever Hold Your Breath!

Email your elected officials and tell them to stop "rolling the dice" with workers' health. Ask that they make the smokefree legislation the top priority instead of wasting time on frivolous legislation like "the fuzzy dice bill". We want to leave the other “dirty dozen” behind and pass a comprehensive smokefree bill today.

We want to hear from you. Once you’ve taken action visit our blog at http://campaignforsmokefreeair.wordpress.com/aignforsmokefreeair.wordpress.com/

Which issue do you think is more important to Michigan's residents?

ACTION ALERT:

As you may know, Governor Granholm recently released her plan to balance the budget. Among her solutions to the multibillion dollar deficit were increasing the cigarette tax by twenty-five cents and doubling the Other Tobacco Products tax (64% of the wholesale price). Sadly, the Governor’s plan also included a $150-million cut to the Michigan Department of Community Health. (See Free Press article here)

It is important that key political leaders in the state executive and legislative branches hear from us over the next week as we convey the importance of allocating funding for tobacco prevention and cessation programs. The message is: “Raising the cigarette tax and the tax on other tobacco products is essential for saving lives and health care dollars.”

Please thank the Governor and Bob Emerson for proposing the tax increase and urge them to dedicate a portion of the revenue generated to helping people quit smoking and prevent kids from starting.

Governor Granholm: http://www.michigan.gov/gov/0,1607,7-168-21995---,00.html
Bob Emerson: EmersonB@michigan.gov

Please contact the House and Senate leadership, as well as their own legislators, with this additional message: “Raising the cigarette tax and the tax on other tobacco products is essential for saving lives and health care dollars. I urge you to dedicate a portion of the revenue generated to helping people quit smoking and to prevent kids from starting.”

Senator Bishop 517-373-2417; senmbishop@senate.michigan.gov
Find Your Senator: http://senate.mi.gov/
Representative Dillon 517-373-0857; andydillon@house.mi.gov
Find Your Representative: http://house.mi.gov/find_a_rep.asp

Due to the high volume of emails most legislators are receiving daily, it may be more effective to place a phone call.

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

Senate Majority Leader Bishop lets Michigan down - needlessly delays smoking bill

Yesterday, Senate Majority Leader Mike Bishop (R-Rochester) referred the smoke free workplaces bill to committee. Unfortunately, the Senator chose the Government Operations & Reform Committee, a.k.a. “Where Bills Go to Die.”

Last week there was hope on the smoking ban. The House of Representatives had passed HB 4377 with 73 votes. Although Senator Bishop had previously stated that he wouldn’t even glance at a bill with exemptions (HB 4377 exempts casinos and cigar bars), the House vote seemed to change his tone slightly and Bishop hinted that he would “take the temperature” of the room. If people supported the bill he’d take up the issue.

I don’t know what room Bishop is in, but clearly that room is NOT in Michigan. Bishop has since said that he’s in no rush to even consider the bill. So, despite the fact that 2/3 of Michiganders want smoke free air, and that we’re one of only 13 states without a smoke free law of any kind, and that it has been proven time and time and time again that businesses are NOT harmed by smoke free legislation, Bishop fully intends to let this issue die.

Don’t let him get away with these shenanigans. There are some who have said that this is just the way things are done in Lansing. That certain legislators’ lack of action and political gameplaying are par for the course, should be expected, and that nothing can be done...

Baloney. Senators Ray Basham (D-Taylor) and Tupac Hunter (D-Detroit) have been clamoring for a smoke free bill because they "get it" and have been listening to what their constituents want. Senator Tom George (R-Kalamazoo), a doctor who understands just how deadly secondhand smoke is, pushed Bishop to take up the bill during the last session. There are Senators and Representatives on both sides of the aisle who are behind this issue. The problem isn’t the legislators, it's the “leadership” in the legislature.

Bishop has said he won’t be pressured by any groups to move the smoke free bill. That despite public support, he has no intention to bring it to the floor. Since when is it ok for elected officials to so blatantly shirk their jobs? Who gave Bishop the green light to discount the majority of Michiganders in favor of a small group of folks who make up a mere fraction of the state’s population?

Dillon didn’t move on the bill until he was told to, repeatedly, by thousands of Michiganders who shut down his lines calling for a hearing. It was the grassroots that helped get the smoke free air issue heard, the grassroots who have moved it along, and the grassroots who CAN put this issue to bed.

Now it’s time to send Senator Bishop the same message: “Take action on the smoke free bill NOW, not later, not when you feel like it, NOW.”

There is no good reason why this bill should be delayed any further. Call Senator Mike Bishop and tell your friends, neighbors, family and anyone else you run into to call him, too.

Here is Bishop’s contact info:
Phone: 877-924-7467 or 517-373-2417
Email: senmbishop@senate.michigan.gov
Address: 883 Great Oaks Blvd.; Rochester, MI 48307

Don’t let Dillon off the hook, either. He’s partially to blame for this mess after barring votes on clean versions of the bill which would have forced Bishop’s hand. Speaker Dillon may have moved the bill, but his job is far from done, he may be able to persuade Bishop to take another look at this issue.

Call Dillon and tell him you don’t want this bill to die.
Phone: 888-737-3455 or 517-373-0857
Address: 26284 Graham Rd.; Redford Township, MI 48239
Email: andydillon@house.mi.gov

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.

***ACTION ALERT*** One small step in the right direction...

On Wednesday, May 20, the House Regulatory Reform Committee took a small step towards smoke free air for Michigan by passing HB 4377.* The bill would make restaurants and bars smoke free, but exempts casinos, cigar bars, and tobacco specialty shops. These exemptions leave many Michigan workers unprotected from the deadly effects of secondhand smoke.

Fortunately, the House has the opportunity to amend the bill and vote on a comprehensive smoke free legislation that would protect ALL of Michigan’s workers. We need your help to make this possible. Senate Majority Leader Mike Bishop, D-Rochester, has recently made another public comment that the Senate will only consider comprehensive smoke free legislation with NO exemptions.

Here’s what to do now:

• Call Speaker of the House Andy Dillon at 888-737-3455 TODAY and ask him to take action to pass a comprehensive (no exemptions) smoke free bill by supporting the Bauer-P. Scott amendment before next week.

• Call your Represenative’s office and ask your lawmaker to support a comprehensive (no exemptions) smoke free bill by supporting the Bauer-P. Scott amendment.

It is because of concerned citizens like you that have gotten this bill back on track. A mere month and a half ago, Speaker Andy Dillon, D-Redford, and Senator Bishop were telling us that the bill wasn’t important and would not be handled until summer, at best. Several action alerts were sent out and you responded! Phone lines were shut down, and inboxes were flooded by Michiganders across the state demanding smoke free air.

Thank you for all of your support and hard work. When this bill passes, know that it was due, in large part, to your phone calls.

*The bill passed 9-1. Representative Jim Stamas, R-Midland, Representative Rick Jones, R-Grand Ledge, passed.

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

Urge your Senators to support FDA regulation of tobacco

As many of you are aware the House passed the FDA legislation which would allow the FDA to regulate tobacco. It now moves on to the Senate. Please consider sending a note to our Senate legislators using this link. http://lungaction.org/campaign/FDA09_Senate It provides a letter you can edit.