ACTION ALERT: SMOKE FREE LAW IS UNDER ATTACK!

The Dr. Ron Davis Smoke Free law is UNDER ATTACK! Just six months into a successful implementation period, Representative Doug Geiss (D-Taylor) wants to reopen the issue and WEAKEN the law, potentially exposing thousands of Michigan’s citizens to the dangers of second hand smoke…AGAIN. WE CANNOT STAND FOR THIS!

Representative Geiss’s bill (HB 5803) proposes that we go back to the farce that was the non-smoking section by introducing "Legal Smoking
Rooms." Geiss claims that ventilation systems will take care of the noxious chemicals that leach through everything in their path. Study after study has shown that ventilation systems do not work and are incapable of removing the harm secondhand smoke poses.

The bill also exempts "licensed clubs" from the smoke free law. This exemption could potentially give any bar or restaurant the ability to file an affidavit with the state calling itself a membership club and thereby allowing smoking. No need to read between the lines here, folks, Representative Geiss wants Michigan’s servers to wade through the thick clouds of smoke once again.

The Regulatory Reform Committee will be taking up this bill today, November 10 at NOON in the House Office Building Room 326. If you’re in the Lansing area, please come and show your support for the Smoke Free Law. If you cannot make it to the hearing, CALL, FAX, AND EMAIL the members of the committee and tell them how much you LOVE smoke free Michigan and that you OPPOSE any changes to weaken the law:

Representative Bert Johnson *Chair
Phone: (517) 373-0144
Fax: (517) 373-8929
Email: bertjohnson@house.mi.gov

Harold Haugh *Vice-Chair
Phone: (517) 373-0854
Fax: (517) 373-5911
Email: HaroldHaugh@house.mi.gov

Representative Pam Byrnes
Phone: (517) 373-0828
Fax: (517) 373-5783
Email: pambyrnes@house.mi.gov

Representative Tim Melton
Phone: (517) 373-0475
Fax: (517) 373-5061
Email: timmelton@house.mi.gov

Representative Bettie Cook Scott
Phone: (517) 373-1776
Fax: (517) 373-8502
Email: bettiecookscott@house.mi.gov

Representative Woodrow Stanley
Phone: (517) 373-8808
Fax: (517) 373-5997
Email: WoodrowStanley@house.mi.gov

Representative Jon M. Switalski
Phone: (517) 373-1772
Fax: (517) 373-5906
Email: JonSwitalski@house.mi.gov

Representative Tory Rocca
Phone: (517) 373-7768
Email: ToryRocca@house.mi.gov

Representative Hugh Crawford
Phone: (517) 373-0827
Email: HughCrawford@house.mi.gov

Representative Rick Jones
Phone: (517) 373-0853
Email: RickJones@house.mi.gov

Representative Jim Stamas
Phone: (517) 373-1791
Email: JimStamas@house.mi.gov

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…

Big Win For Local Smoke Free Regulations

Yesterday, the Michigan Supreme Court handed down a unanimous decision that upheld the authority of local health departments to and a county board of commissioners to approve, regulations that control smoking in the workplace. The full text of the decsion in the case, McNeil v. Charlevoix Co., can be found here.

All seven justices agreed that local health departments' can adopt stricter smoking regulations than the state in order to safeguard public health. It's important to note, however, that these regulations will not apply to restaurants and bars. Because of state preemption laws, only the Legislature can ban smoking in bars and restaurants.

The Court did split 4-3 on a second issue regarding at will employment. The majority upheld workers' rights to sue their employer if they're fired for asserting the right to a smoke free environment under the regulation.

Although this decision is encouraging, it only goes so far. As mentioned above, only the Legislature can ban smoking in restaurants and bars. Sadly that means that although the State's highest court asserted that smoke free workplaces regulations are a public health concern, many of Michigan's workers remain unprotected from the dangers of secondhand smoke.

Call Speaker of the House Dillon and tell him you want to see a vote on a comprehensive smoke free bill that will protect ALL of Michigan's workers (including those who work in bars, restaurants, AND casinos).

1-888-REP-DILLON (737-3455)

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

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.

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.