LoseTheLighter

Massachusetts casinos bill stays stalled as state Senate again stops debate

King — Wed, 30 Jun 2010 04:37:11 +0000

BOSTON – State senators on Tuesday again cut short a debate on a casinos bill after an opponent said he was leery that legislative leaders were seeking to undermine a smoking ban approved for casinos.

The delay marked the fifth time the Senate has tabled or canceled debate on a bill to create three casino resorts, including one for Western Massachusetts. Senators failed to make much progress before adjourning Tuesday’s session and agreeing to start again on Wednesday.

Sen. James B. Eldridge, D-Acton, used Senate rules to force an early close to the session. Eldridge said he sought the delay because he wants to use the time to close a possible loophole in a plan to prohibit smoking at the casinos.

“We want to make it absolutely clear we need a full, clear smoking ban in this bill,” Eldridge told reporters. “We have not reached agreement.”

Sen. Stephen J. Buoniconti, D-West Springfield, said he was frustrated by the repeated delays won by small minorities of senators.

“I hope that we change the rules,” Buoniconti said. “As much as I respect their ability to exercise their Democratic rights, these are just all tactics to delay the vote as much as they can. We have a lot of other issues on our plate, along with casino legislation, and this is tying that up.”

The Senate Republican leader won two delays last week and on Monday, another Democratic senator successfully tabled the session. In a rare Saturday session scheduled by the Senate president, senators quit early when they failed to achieve a quorum.

Eldridge said he is wary of the fate of the smoking ban when House and Senate negotiators approve a final compromise casino bill. That final bill would be developed behind closed doors by a six-member, House-Senate panel and then brought back to both chambers for an up or down vote with no amendments.

The Senate smoking ban, approved 24-15 last week, is slightly different from a similar ban approved in the state House of Representatives in its casino bill. The House bill simply calls for casinos to comply with a 2004 law that bans smoking at indoor work places. The 2004 law allows exemptions, meaning House and Senate negotiators could exempt casinos, Eldridge said.

Eldridge said he is asking Senate leaders to approve an amendment to assure the smoking ban carries the same language in both bills to take away any leeway on the issue during talks on a compromise bill. Eldridge said he wants to protect workers and customers from second-hand smoke and he wants no smoking exemptions for casinos.

The original Senate bill allowed smoking in 25 percent of gaming space. Supporters said smoking is needed to compete with casinos in Connecticut and racinos in Rhode Island and prevent potential losses of revenues.

The Senate bill contains some sharp differences from the House bill. The state House of Representatives overwhelmingly approved a bill in April that calls for two casino resorts and 750 slot machines in each of the state’s two horse tracks and two former dog tracks.

The Senate bill also calls for casinos in each of three geographic zones including one defined as the four counties of Western Massachusetts. The Mohegan Sun is planning to build $500 million to $600 million casino resort in Palmer across from Exit 8 of the Massachusetts Turnpike.

The House bill calls for a state commission to decide the locations of casinos. Both bills call for taking bids from casino operators.

Before adjourning, senators voted 38-0 to approve an amendment by Sen. Susan C. Fargo, D-Lincoln, that would direct about $3 million of casino revenues to help elderly people with their property taxes. The money would be provided as grants to municipalities with programs to provide breaks on property taxes to people generally 65 and older.

The chamber’s five Republican senators had been pushing for a measure that would set aside more gambling net revenues for property tax relief for all owners of real estate. Democrats used rules to trump a vote on that amendment.

Senate Democrats also defeated a Republican attempt to eliminate the state’s 6.25 percent sales tax on beer, wine and alcohol. Instead of repealing that tax, the Senate on a voice vote approved an amendment to order the state Department of Revenue to study trends in alcohol sales in cities and towns within 10 miles of the border of another state.

The Senate also voted 37-0 to expand the use of gambling revenues set aside for mitigating social ills that could be caused by casinos. The amendment added substance abuse services and gaming related research as issues that could receive revenues.

Source: http://www.masslive.com/news/index.ssf/2010/06/massachusetts_casinos_bill_sta.html

Clearing the air on smoking ban

King — Tue, 29 Jun 2010 19:19:09 +0000

Smoking ban takes effect on July 5

The City of Beloit is expecting self-compliance when a statewide smoking ban goes into effect across Wisconsin Monday.

Rather than seeking out smokers who will no longer be allowed to light up in enclosed public places, enforcement will be done primarily on a complaint basis, according to Assistant City Attorney Elizabeth Krueger.

“I’m hoping everyone complies like they’re supposed to, but I have no idea,” Krueger said.

If people do light up inside a smoke-free establishment, they should be instructed by a representative of the establishment to refrain from smoking, according to the city’s newly enacted smoking ordinance. If the person does not obey, he or she should be asked to leave the premises.

If the person continues to smoke and refuses to leave, a representative from the establishment should notify the police department.

The police department will be the primary enforcement agency, but the fire department may also verify compliance while conducting mandated inspections, according to the ordinance.

Fines range from $177 for the first offense up to $681 for both the person smoking and the establishment in which the person is smoking, Krueger said.
The Rock County Health Department will also be following up on complaints, according to health officer Karen Cain.

In addition, the health department’s restaurant inspectors will be providing information to owners and managers regarding the new law. Cain, however, thinks people will comply.

“It’s nothing new,” she said. “People know (the ban’s) been coming. Restaurants are interested in following the law. It’s not going to be without some bumps, but I’m sure most people will comply.”

The City of Beloit, however, has a stricter ordinance than the state law.
The state law allows bars and restaurants to get around the ban by building rooms in which 25 percent or more of the walls are windows, but the city’s ordinance does not.

“Taverns in Beloit cannot build a ‘smoking room’ with walls consisting of 25 percent, 50 percent, or even 100 percent operable windows,” said the city’s community planner Drew Pennington. “Each situation is different, but basically smoking is only allowed in outdoor seating areas that are truly outdoors and authorized by a conditional use permit.”

In honor of the smoking ban, a celebration of Wisconsin’s smoke-free law is scheduled from noon – 1 p.m. Monday at The Rock Bar and Grill, 101 Maple Ave.
The celebration will include food provided by The Rock and ice cream from Culver’s.

Information will also be provided about how to report those who violate the new law after it goes into effect.

For more information, visit www.WIBetterSmokeFree.com or call 1-800-NO-SMOKE.

Smoke-free

The City of Beloit prohibits smoking in all enclosed areas of public places and places of employment. Some of these include:

Bars, taverns, night clubs and cocktail lounges
Elevators
Common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes and other multiple-unit residential facilities
Restrooms, lobbies, reception areas, hallways and other common areas which are used by or open to the public or employees
Public transportation facilities such as taxis, buses, bus shelters and depots

The City of Beloit does allow smoking in the following locations:

Private residences except when it is in use as a home-based business open to the public

Private rooms in an assisted living facility

Retail tobacco stores

Source: http://www.beloitdailynews.com/articles/2010/06/29/news/local_news/news2905.txt

Campus smoking ban starts Thursday

King — Tue, 29 Jun 2010 18:27:12 +0000

Smoke ‘em if you’ve got ‘em Gators, because in a couple of days, tobacco on campus will be a thing of the past.

Starting Thursday, UF will enforce a new smoke-free campus policy, designed to encourage healthy lifestyle choices among students, staff and visitors.
UF is the first public university in the state to adopt such a policy, although there are at least 394 campuses nationwide that adhere to such strict standards, according to the American Nonsmokers’ Rights Foundation.

The policy prohibits the use of any tobacco products, even smokeless products like snuff or electronic cigarettes.

The ban applies to all UF-owned facilities, including those outside of Alachua County. Tobacco users will also be prohibited from using products in their cars on any campus parking lot or road. It also applies to university-recognized locations on the UF campus, such as fraternity and sorority houses.

The policy is part of the Healthy Gators 2010 Initiative, which is dedicated to promoting a healthy campus environment, according to UF spokesman Steve Orlando.

If caught using tobacco, violators will be reminded of the policy and asked to comply. Students who refuse will be dealt with by the Dean of Students Office, while staff members will answer to their immediate supervisors.

Repeat violators will face harsher consequences, although Orlando said punishment isn’t the emphasis.

“There won’t be a direct penalty for violating,” he said, “but again, the goal is not to create a situation where we’re going to penalize people . . . but to encourage people to be healthier.”

Tobacco users may find the policy too strict, but it’s like older policies that prohibit people from smoking indoors, Orlando said.

“It’s going to be a cultural change over time,” he said. “It seems strange and outrageous to some people right now, but in a few years it will seem strange to have ever smoked on campus at all.”

D.J. Halford, 22, is an employee of Shands at UF and has been smoking cigarettes for years. He said changing his habits at work will be difficult and kind of annoying, but he accepts the university’s oversight.

“It’s like a restaurant,” he said. “I think they’re allowed to say what can and can’t be done on their property. It’ll definitely help me cut back, although I haven’t quit yet and I don’t really want to.”

The first phase of UF’s tobacco ban began Nov. 1 at UF’s Health Science Center and all Shands at UF facilities. Ben Hill Griffin Stadium went smoke-free Sept. 5 by eliminating its smoking areas.

Source: http://www.alligator.org/news/campus/article_1dbb850e-8334-11df-8048-001cc4c002e0.html

Barrow in favor of tough new tobacco rules

King — Mon, 28 Jun 2010 22:12:19 +0000

WASHINGTON, D.C.—U.S. Rep. John Barrow (D-Savannah) applauded tough new rules that took effect last week, cracking down on tobacco marketing and sales to children, requiring much larger health warning labels on smokeless tobacco products, and banning the use of deceptive “light” or “low-tar” labels on cigarettes.

The Family Smoking Prevention and Tobacco Control Act was signed into law on June 22, 2009, and many key provisions of the law went into effect last Wednesday — one year after the date of enactment. Tobacco is now responsible for about 1 in 5 deaths annually, or more than 400,000 deaths a year, and tens of billions of dollars of extra health care costs.

“Tobacco-related illnesses are currently the number-one cause of preventable death in America,” said Barrow. “We now have new tools to help prevent tobacco use by children and reduce tobacco-related illnesses across America. The new rules targeting tobacco marketing to kids are particularly important, because tobacco companies continue to spend more than $12 billion a year to market their products, often in shameful ways designed to appeal especially to children.”

Every day, more than 3,500 young people try a cigarette for the first time, and another 1,000 will become new, daily smokers. One-third of these youths will eventually die prematurely as a result.

Cracking down on tobacco marketing and sales to kids

Key provisions targeting tobacco marketing and sales to kids that took effect:

Ban all remaining tobacco-brand sponsorships of sports and entertainment events.
Ban virtually all free tobacco samples and giveaways of non-tobacco items, such as hats and T-shirts, with the purchase of tobacco.
Prohibit the sale of cigarettes in packs of less than 20 (eliminating so-called “kiddie packs” that make cigarettes more affordable and appealing to kids).
Require stores to place cigarettes and other tobacco products behind the counter, out of reach of children.
Restrict vending machines and self-service displays to adult-only facilities.
Place a national ban on the sale of tobacco products to people under age 18 (rather than the current state-by-state bans).

New labeling rules for smokeless tobacco and banning use of “Light,” “Mild,” and “Low-Tar” labels

Key provision on labeling:

Require larger, bolder health warnings on smokeless tobacco products and advertising. Specifically, these warnings must cover 30 percent of package display panels and 20 percent of advertising. (Large, graphic warnings on cigarette packs and advertising are being developed and will take effect by 2012 or sooner.)

The new warnings on smokeless tobacco products are important because these products are very addictive and cause cancer and other serious diseases. As smoking rates have declined and restrictions on where you can smoke have multiplied, tobacco companies have introduced new smokeless tobacco products and significantly increased marketing for them.

The most recent government surveys have found that, while cigarette smoking has declined, smokeless tobacco has increased by more than 33 percent among 10th to 12th graders in recent years.

Ban terms such as “light,” “mild,” or “low-tar,” when marketing and selling cigarettes.

Source: http://www.effinghamherald.net/news/article/10865/

Fond du Lac will follow state ban on smoking

King — Sat, 26 Jun 2010 04:05:39 +0000

For some members of the Fond du Lac City Council, it was simply a matter of sticking to their word when it comes to a smoking ban.

The City Council needed to decide Wednesday whether to continue with its local smoking ban ordinance or have the ordinance pre-empted by the new state rules that go into effect across Wisconsin on Monday, July 5.

In a 5-1 vote, the council voted to go with the state ordinance — including its language that some call confusing and filled with holes.

“We’ve had zero problems (with the smoking ban),” Councilman Tim Lakin said. “I believe we’ll have zero problems with the new language.”

Lakin, who is among councilmen who voted on the original ordinance in 2008, said the council’s intent then was to go with a state statute when adopted. “… and I will stand by that,” he said.

Loopholes

Council President Rick Gudex, the only vote Wednesday night in the minority, said there have been no issues with the Fond du Lac smoking ban.

“Why change it?” said Gudex, adding that the state has not spelled out details of its ordinance and has not closed potential loopholes.

“They’re not giving us a meaningful definition.”

Nineteen local establishments have constructed outdoor smoking structures since the local ban became effective Feb. 2, 2009.

Gudex said he believes local businesses will try and go after loopholes in the state law, particularly relating to enclosed structures.

“I’m going to be the one saying, ‘I told you so,” he commented.

Gudex said the city will have to continue to change its ordinance as the state refines its definitions.

Councilman Jim Sabel said he received calls urging him to go with the state’s language.

“You could be at Backyard (Bar and Grill on the east side of the city) and there could be different rules a half-mile to the east,” he said. “I say let’s get it over with (and adopt the state’s smoking ban).”

Councilman Gary Miller tried to pass an amendment adopting the city ordinance, but the effort failed 4-2, with Gudex and Miller in the minority.

“Mr. Miller, I appreciate your passion,” said Jeremy Thiesfeldt, explaining that he believes Miller’s amendment could have created an “island” in the city.

Thiesfeldt said he supports the rights of property owners.

“Where does it stop?” he said. “We’ve passed things now that 25 years ago we never would have believed we would.”

He wondered aloud whether government would someday impose smoking restrictions in cars, houses or outside buildings.

Language

The language of the new state law will require all hotels/motels to be 100 percent smoke-free (city rules allowed a small percentage of smoking rooms) and will require that smoking cease in taxis and all public conveyances.

State rules regarding enclosed spaces are expected to evolve over the next year or two.

The city’s ordinance required more open space while the state definition has somewhat less.

City Attorney Deb Hoffmann said state rules allow for two walls (with not more than 75 percent enclosed) and two non-walls. She said the State Tavern League tried to interpret the new rules. She said an example of an enclosed space is depicted on the League’s website.

“Often, for new laws, there will be a good year or two figuring (details) out,” Hoffmann said.

Source: http://www.fdlreporter.com/article/20100626/FON0101/306260055/Fond-du-Lac-will-follow-state-ban-on-smoking

Wisconsin Smoking Ban – Presumably Fixed – Goes Into Effect in Two Months

King — Tue, 11 May 2010 12:57:30 +0000

Yes, Wisconsin’s reluctant smoking ban finally gets into the books with one final amendment – - but not until lawmakers delayed the implementation until after one last July 4th holiday money-grubbing, cigarette-celebrating carcinogenic inhalation.

And had to fix their so-called initiative by closing, maybe, a head-scratching loophole.

How does that happen?

Note that North Carolina, home to cigarette making, beat Wisconsin to it. As did entire countries where smoking is a tradition, in and out of taverns.

Like Ireland. And Italy.

How does that happen?

The smoking ban fiasco speaks volumes about the dismal state of the Wisconsin legislature, and its embarrassingly tepid, unapologetically agenda-free Democratic majority and leadership.

On OWI reform – - legislators instituted weak, tinkering changes after a spate of horrific high-profile OWI deaths because tavern and other lobbying forces successfully kept Wisconsin the only state in the country where nearly all first-offenses remain as tickets.

And you still gotta get four convictions before you have committed a OWI felony. The message there: First offenders, you get a pass.

Repeat offenders – - have one for the road.

On clean energy progress – - total failure.

On payday lending – - shallow, first-ever changes – - but no cap on interest rates – - even after a key Democrat who had been a champion of tough regulation admitted to a relationship with a payday lobbyist.

On regional transit – - nothing (though an earlier veto by Gov. Doyle left them with a tough situation – - one they were not strong enough to repair).

Gone are the days that Democrats stood shoulder-to-shoulder with the disenfranchised and powerless.

These days, Democrats care more about fund-raising and staying in office than actually doing anything once there, which is one reason why a lot of them are going to lose their seats.

The legislature shouldn’t be a place for place-holders.

Wisconsin smoking ban would take effect in July 2010

King — Fri, 07 May 2010 03:43:13 +0000

Madison – A statewide workplace smoking ban that includes restaurants and taverns will start July 5, 2010, according to a deal reached Wednesday in the Legislature.

The measure is expected to pass next week and be signed into law by Gov. Jim Doyle.

All workplaces would be smoke-free under the bill before the Legislature. Legislative leaders, smoking ban advocates and the Tavern League of Wisconsin agreed to the changes to the proposal, which is now on a fast track.

With little opposition remaining, the bill is set for a vote Wednesday in both houses of the Legislature.

Supporters, who called the ban a major public health protection, had been pushing for an earlier start date. But owners of taverns and other businesses said they needed more time to prepare for the change.

“As soon as this bill takes effect, it will start saving lives of our citizens and saving money for our taxpayers,” said Sen. Fred Risser (D-Madison), who sponsored the ban with Reps. Jon Richards (D-Milwaukee) and Al Ott (R-Forest Junction).

Under the proposal:

• Taverns, restaurants, hotels and other businesses would have more than a year to prepare for a ban. Existing cigar bars and tobacco shops would be exempt. Casinos run by the state’s Indian tribes wouldn’t be covered.

• Individuals caught smoking in workplaces would face fines ranging from $100 to $250. Business owners wouldn’t be penalized if they attempt to stop people from smoking or commit a first violation but would see $100 fines for subsequent offenses.

• Local governments would not be allowed to pass ordinances stricter than the state law except on government-owned properties.

• Taverns, restaurants and other businesses would be allowed to create outdoor smoking areas.

Supporters have said a statewide ban is necessary to eliminate the patchwork of local ordinances; 37 Wisconsin communities, including Madison, Appleton and Eau Claire, have smoking bans. Those would remain in place until the statewide ban goes into effect.

The Tavern League of Wisconsin had opposed the bill but worked to reach a compromise with lawmakers and smoking ban advocates brought together by Sen. Jon Erpenbach (D-Waunakee). League President Rob Swearingen, owner of the Al-Gen Supper Club in Rhinelander, said the implementation delay was important because it would allow tavern owners time to prepare for the change, as well as give the economy time to improve.

“We’re hoping they will make that adjustment, get their customers ready, get themselves ready,” he said, adding that the league represents 5,000 “mom-and-pop” taverns. “I hope there’s not going to be any hardship on our people.”

Advocates had been pushing for an earlier start date but said the deal was a workable one.

“In a perfect world, there would be no exceptions and no delays,” said Maureen Busalacchi, executive director of SmokeFree Wisconsin. “But that said, our priority is to protect employees and their right to breathe smoke free air at work.”

The ban has the support of the Wisconsin Restaurant Association, which said it will provide a level playing field for restaurants and taverns.

“It appears we finally have Wisconsin’s business community united in support of smoke-free air,” Ed Lump, president and chief executive officer of the Wisconsin Restaurant Association, said in a statement.

If the bill becomes law, Wisconsin would join its neighbors Minnesota, Iowa and Illinois in having statewide smoking bans.

“This agreement will protect Wisconsin workers and the public from the proven health hazards of secondhand smoke,” said Jari Johnston-Allen, chief executive officer of the American Cancer Society’s Midwest division.

The smoking ban proposal was included in Doyle’s budget, but lawmakers said it was important to debate and pass it separately. Doyle said in a statement Wednesday that he was pleased with the agreement but didn’t specifically say he’d sign it.

“I wish the ban would be implemented sooner, but today we are one step closer to a statewide smoking ban that is fair and equitable,” Doyle’s statement says.

Senate Republican Leader Scott Fitzgerald (R-Juneau) didn’t have a comment on the deal but said in a statement that Senate Republicans would offer amendments when the bill is debated on the floor next week.

During public hearings on the measure, legislators raised concerns that casinos wouldn’t be covered by the ban, but Risser said the state doesn’t have the constitutional authority to require them to comply.

“They’re independent nations,” he said. “We do not have the ability by law to outlaw smoking in casinos.”

An earlier version of the bill would have permitted hotels to allow smoking in some rooms. That provision was removed during negotiations.

Lawmakers heard testimony on the bill in public hearings Tuesday and Wednesday. Dozens of people called for passage of the bill, saying secondhand smoke presented a serious health hazard. Many cigar bar and tobacco shop owners had argued for an exemption, saying their businesses would probably not survive a ban that covered them.

Source: http://www.jsonline.com/news/statepolitics/44464502.html

Welcome to the Smoke-Free Michigan!

King — Sun, 02 May 2010 03:54:58 +0000

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