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!

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)

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.

This is testimony given by a Detroit casino worker about the secondhand smoke and hazardous health conditions in their place of employment. Their identity had to be hidden due to the possibility of retaliation from their employer for speaking out.

Video may not work...if not, check out Michigan Campaign For Smokefree Air's Facebook Page http://is.gd/oDFM