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!

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

Marlboro country goes smoke free--Pure Michigan still waiting to breathe freely.

A lot of fuss has been made about how much Michigan businesses will suffer if the state goes smoke free. The Michigan Licensed Beverage Association and the Michigan Restaurant Association have trotted out members testifying that they are positive they’ll lose business if the smoke free workplaces bill goes through. The evidence has been largely anecdotal and has been debunked by hundreds of peer-reviewed studies conducted nationwide. Despite the mountain of proof to the contrary, MLBA and MRA have continued to whine to the legislature about how Michigan’s economy is already suffering and that a law like this would be equivalent to a death blow for small businesses across the state.

Meanwhile, in tobacco rich North Carolina, legislators approved legislation that would ban smoking bars and restaurants.* Governor Beverly Purdue has said she will sign the bill into law.

North Carolina’s ban has been a long time in the making and is something many thought would never happen. Tobacco has long been one of the mainstays of the state’s economy, but the legislators said they had to take public health into consideration.

“Tobacco has a great legacy in North Carolina. It's done some great things, (but) certainly, people have a right to smoke-free air,” said House Majority Leader Hugh Holliman, who has survived two battles with lung cancer.

The fact that nearly ¾ of the country, including tobacco rich Virginia and North Carolina, can pass some sort of smoke free legislation demonstrates that this is a public health issue. When will the Michigan legislative leadership wake up and smell the smoke free air?

At a time when preventative health budgets are being slashed and burned, it’s even more important that we protect the public health in whatever way we can. States that have passed smoke free legislation have seen a significant drop in hospital admissions for cardiac arrest. In addition, hospitality workers reported a decrease in sensory symptoms (red or irritated eyes, sore or scratchy throat, runny nose, sneezing or nose irritation) caused by secondhand smoke following implementation of smoke free laws.

Over two-thirds of Michigan residents support smoke free legislation. Most of our legislators would like to see Michigan go smoke free. Champions like Senators Ray Basham, D-Taylor and Tupac Hunter, D-Detroit and Representatives Joan Bauer, D-Lansing and Paul Scott, D-Grand Blanc have all pushed hard for smoke free legislation and should be applauded. So why the delay?

The blame lies squarely with our legislative leadership: Speaker of the House Andy Dillon, D-Redford, and Senate Majority Leader Mike Bishop, D-Rochester. Michigan needs a win and this is an easy victory for public health, for the economy, and for Michiganders across the state. Contact Bishop and Dillon today and tell them to move smoke free legislation forward.

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

*A reader pointed out to me that I may have posted a little too soon on this one. The entry initially read that the NC ban covered all workplaces. It in fact only covers restaurants and bars and does not cover private workplaces.

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.

Sen. Hunter Proposes Referendum on Smoking Ban

Senator Tupac Hunter, D-Detroit, introduced SB 496 which would put the issue of smokefree workplaces on the 2010 statewide ballot. This legislation is virtually identical to Senator Ray Basham's, D-Taylor, bill SB 114 and applies to restaurants, bars, and casinos.

In a press release, Senator Hunter stated, "For the past 10 years, the Legislature has tried and failed to pass a smokefree worksite bill that would protect our citizens from smoking-related diseases. Instead of continuing to argue about exemptions and concessions, we need to go to the voters and let them decide what is best for Michigan.”

The fact that a Detroit Senator wants to see the issue on a ballot is an interesting twist considering the Detroit Reps' strong aversion to smoke free air legislation. The House Regulatory Reform Committee's Chair, Bert Johnson, D-Detroit, is opposed to smoke free legislation as are most of the Detroit area Representatives.

There is a fear that business will decrease significantly if a smoking ban goes into effect. People will flee from the state, people will abandon casinos, bars, and their love of going out to eat. This fear is unfounded and based on lies.

A study conducted by the New York City Department of Finance showed that "tax receipts increased by 8.7 percent, or approximately $1.4 million, after the city went smokefree." In addition, the first nine months following the smoke free law's inception there were 10,600 new jobs in its bars and restaurants. Florida saw similar results, and reported that retail receipts for taverns and bars that served food remain unaffected by its smokefree law. In fact over 300 studies conducted by peer research journals have shown similar results. When smoke free dining laws go into effect, business goes up.

A recent poll revealed that two-thirds of Michigan voters support a workplace ban that includes bars and restaurants. If this bill passes we may just have our say. Whether this bill will even see the floor however, has yet to be seen.

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