Wisconsin will go SMOKE-FREE

Congratulations are in order! Wisconsin is another huge step closer to being the 27th smoke-free state in the nation (North Carolina will be 26th). Both the Senate (25-8) and Assembly (61-38) passed identical smoke free laws on Wednesday (SB 253 & AB 181).which now goes to Governor Doyle. The governor announced that it will be signed into law on Monday, May 18. To accompany this action, the governor will be holding “signing events” in 3 cities on Monday. Contact Emily by 3pm on Friday, May 15 if you'd like to attend the event in Green Bay.

This victory is a direct result of the countless efforts made by all of us in tobacco control. Smoke-free efforts first began in 1991 with the ASSIST Project, continued throughout the many years, and culminated with the targeted focus on a statewide smoke-free air policy in 2008 and 2009. While the legislation that was passed isn't perfect, it will protect the health of nearly all Wisconsin workers and patrons, and stands as a remarkable public health achievement for our state.

Our fight is not over. There is still an incredible amount of work to be done to reduce the suffering caused by the tobacco industry. However, with the continued commitment of all tobacco control partners, I am confident that Wisconsin's tobacco prevention and control movement is more than ready to meet the challenges that lie ahead.

Please take some time to celebrate our remarkable accomplishment and congratulate your colleagues for their efforts. Thank you for all of your hard work! Its a GREAT time to be a resident of Wisconsin and will be even better in July 2010!!

More Than 1 in 10 Children Live with a Substance Abusing Parent

Study: Almost 12 percent of children under the age of 18 years of age live with at least one parent who was dependent on, or abused alcohol or an illicit drug during the past year, according to a report by the Substance Abuse and Mental Health Services Administration (SAMHSA). The report is based on national data from 2002 to 2007."The chronic emotional stress in such an environment can damage their social and emotional development and permanently impede healthy brain development, often resulting in mental and physical health problems across the lifespan. This underlines the importance of preventive interventions at the earliest possible age."

Almost 7.3 million children lived with a parent who was dependent on or abused alcohol
About 2.1 million children lived with a parent who was dependent on or abused illicit drugs
5.4 million children lived with a father who met the criteria for past year substance dependence or abuse
3.4 million lived with a mother who met this criteria

The full report is available on the web at: ttp://oas.samhsa.gov/2k9/SAparents/SAparents.cfm.

Substitute amendment to the smoke-free air bill

The Assembly and the Senate Health Committees have both heard the SFA bill. There was a lot of testimony from those in favor and opposed to the bill. After speaking with both sides, the Committee has offered some amendments to the original bill. On Friday, both Committees will meet in executive session, without public debate and will have a test vote on AB 253 and SB 181 with the proposed amendment outlined below. If passed, it will move to the organization committees in both chambers (the Senate and Assembly rules committee).

Amendments to AB 253 and SB 181
*Date of implementation: July 2010 (the original bill has 60 days, this is now 14 months)
*Fine structure: Individuals caught smoking in workplaces would be fined $100-$250. Business owners are under "due diligence" principle, which means if they see a violation, ask the person to stop, stop serving the customer, and ask them to leave the premise, they will not be fined if they call the police. The owner’s first violation does not carry a fine, but each subsequent offense has a $100 fine.
*Outside smoking: The bill says smokers have to maintain a "reasonable distance" from any smoke-free building. The bill also pre-empts local governments from passing ordinances banning smoking on outdoor patios. Governments can still regulate and pass smoke-free ordinances on outdoor city property such as parks and fair grounds. Individuals businesses can also choose to have smoke-free patios.
*Tobacco retailers that receive 75% or more of their income from tobacco sales can have smoking in their business.
*Cigar bars that receive 15% or more of their income from cigar sales can have cigar smoke in their establishments, but not cigarette smoke. Cigar bars are allowed to have a liquor license. (The current established cigar bars in Wisconsin (there are aprox. 10 in the state) will be grandfathered in. SmokeFree WI and other memebers of the Holding our Breath Coalition are working on setting a specific date for the grandfathering in of these and tobacco retailers.)
*Hookah bars: Indoor smoking will not be allowed under the bill or the proposed amendment, but could be allowed if 75% or more of their sales are from tobacco.
*Hotel rooms are not exempt under the new amendment. The original bill allows for hotel owners to have up to 25% of rooms be smoking. There might be an additional amendment on this when it’s debated on the floor.
*The bill and new amendment are silent on casinos. There is not a legal way to mandate that Native American casinos become smoke free, because they are sovereign nations and the state of Wisconsin does not have jurisdiction over them.
*Nursing homes are not exempted at this time. That may change due to federal law.
*Assisted living homes are considered private residences and individual rooms can allow smoking if it is someone’s personal residence. Additionally, if two or more people share a room and all want to allow smoking, they can sign a written agreement to that effect.
*Community based treatment centers (ie for treating alcohol or drug addiction, or a mental health facility) are not exempted from the smoke-free law.

If business owners are ready to go smoke-free now we can certainly encourage businesses to go smoke-free early.

The bill is part of the legislative process and although it contains a longer implementation date and more exemptions than we would prefer, it is an indoor smoke-free air bill, which is the ultimate goal, and the compromises introduced in this bill give it a better shot at passing.

REMEMBER: The smoke-free legislation has not passed yet, and we need to work hard to make sure it passes next week. Expect quite a few amendments to be debated on the floor. In addition, the smoke-free provision in the budget will be taken out at some point, but the exact timeline is unclear.

Timeline for the SFA bill after this week:
*Tuesday May 12: The Assembly Democrats will caucus about the smoke-free bill.
*Wednesday May 13: The bill will be up for debate in both houses. They will vote on the original bill, the proposed amendment, and any other amendments proposed.
*Both the Assembly and the Senate need to pass the same bill with the same amendments in order to send it to the governor for his signature. If one house adopts an amendment and the other does not, we do not have a bill and it must be debated upon again until both houses agree on the same version.

Contact SmokeFree WI (http://www.smokefreewi.org/) if there is something specific that you want to do on the 'lobbying' end.

Otherwise, contact Emily, edieringer@co.winnebago.wi.us with questions.

Status of SB181 and AB253

There are 26 Representatives and 7 Senators that have signed on to sponsor the Smoke-free Air Bill. This is great news!

The Senate committee will be holding a hearing TODAY at 10am on SB 181 (SFA) and the Assembly wil be holding a hearing TOMORROW at 10am on AB 253 (SFA) Both bills are the same one that is in the Budget. Executive sessions to vote on the bill are scheduled for Thursday for the Senate, and Friday for the Assembly.

You can watch the hearings live on Wisconsin Eye: http://www.wiseye.org/wisEye_stream/wisEye_StreamCap2_Video.html

The SFA bill will be going to the floor to be voted upon on May 13. From there, if both versions of the bill are the same, it could become law. If the senate and house versions are different, they will have to go back and make both versions the same before it can be passed into law.

As of now, there are some questions on "outdoor exemptions," fines associated with non-compliance with the law, implementation date (60 days-1 year have been thrown around), cigarette bar amendments, tobacco retailer amendments, and hotel/b&b amendments.

I'll try to keep updating as often as new information becomes available. If there is something YOU want to do to help the cause, write a letter to the editor about the importance of a comprehensive smoke-free air law with no exemptions and no delays as it relates to the health of everyone.

As a side note, the cigarette tax is still in the budget, waiting to get voted upon. It could stay in or it could be taken out. They haven’t gotten that far into the budget yet.

MORE NEWS on Smoke-free Air!!

The statewide smoking ban will get a public hearing Wednesday, May 6, in the Assembly Committee on Health and Healthcare Reform, according to Milwaukee Dem Rep. Jon Richards, the committee chairman.

This hearing will begin at 10:00 a.m. and will be in room 412 East at the Capitol if you plan to attend. Remember, if you work for any governmental agency, this is considered a lobbying event so please plan accordingly.

The bill, AB 252, is the same as the language proposed by Gov. Jim Doyle in the state budget.

A vote is being planned for May 8, and could come to the floor on May 13.

Senate Majority Leader Russ Decker, D-Weston, told his caucus this week that he'd like the smoking ban in his house by May 13.