Clear the Air

On Tuesday, June 10th, The Coalition for a Tobacco-Free West Virginia and the Campaign for Tobacco Free Kids released the findings of a public opinion poll showing the broad support by West Virginia voters for increasing the tobacco tax by $1.00.

Here is video from the press conference featuring Hersha Arnold-Brown of the American Cancer Society, Chuck Hamsher of the American Heart Association, Pete Fisher from the Campaign for Tobacco Free Kids and Nathan Henry from the Mellman Group who conducted the poll.

For more information, including details of this poll, visit the Coalition for a Tobacco-Free West Virginia website.

The Huntington Herald Dispatch is reporting that Cabell Circuit Judge Jane Hustead this afternoon dismissed a temporary injunction on the Cabell County ban on smoking in bars and gambling parlors.

The impact of this ruling is that the new clean indoor air regulation takes effect immediately in Cabell County.

Introduced in the West Virginia House of Delegates today was HB4507 which would allow any person or business to appeal decisions of local boards of health to the county commission. The legislation, as proposed, is retroactive and would place all actions made by West Virginia’s 49 boards of health for the PAST THREE YEARS - as well as all future actions - in jeopordy.

This is the latest of a number of bills aimed at weakening local boards of health and politicizing the decisions they make.

The obvious target of this legislation are the many clean indoor air regulations put in place over the past several years. The lead sponsor of the bill, Delegate Doug Reynolds, has been a vocal opponent of the new clean indoor air regulation passed in Cabell County last month. This bill, however, would apply to ALL DECISIONS AND ACTIONS of local boards of health and would place special interests above the interest of protecting public health.

Other sponsors of this legislation are Delegates Border, Skaff, Sobonya, C. Miller, D. Walker, Campbell, Spencer, Poore, Hunt and Manchin.

The bill is single referenced to the House Judiciary Committee and could move very quickly.

 Time is critical in contacting members of this committee to urge their REJECTION of this dangerous and ill-conceived legislation.

Members of the Judiciary Committee and contact information:

Delegate Miley - Chair - (304) 340-3252

Delegate Hunt - Vice-Chair - (304) 340-3392

Delegate Ellem - Minority Chair - (304) 340-3394

Delegate Lane - Minority Vice-Chair - (304) 340-3275

Delegate Barker - (304) 340-3149

Delegate Brown - (304) 340-3106 

Delegate Caputo -  (304) 340-3249

Delegate Ferro - (304) 340-3111

Delegate Fleischauer - (304) 340-3169

Delegate Frazier - (304) 340-3396 

Delegate Hutchins - (304) 340-3270

Delegate Longstreth - (304) 340-3124 

Delegate Michael - (304) 340-3340

Delegate Moore - (304) 340-3189 

Delegate Ross - (304) 340-3145

Delegate Shook - (304) 340-3173

Delegate Skaff - (304) 340-3362 

Delegate Susman - (304) 340-3183

Delegate Wells - (304) 340-3287

Delegate Wooton - (304) 340-3164

Delegate Hamilton - (304) 340-3167

Delegate Overington - (304) 340-3148

Delegate Schadler - (304) 340-3191

Delegate Schoen - (304) 340-3141

Delegate Sobonya - (304) 340-3175

Call members of this committee IMMEDIATELY and express your opposition to HB 4507!

The Cabell-Huntington Board of Health today approved the new clean indoor regulation which will extend smoking prohibitions to bars and gambling parlours. Cabell County now joins 18 other counties in our state with comperehensive smoke free protection.

Approved by a vote of 4-0 the new regulation can be seen here.

Congratulations to the advocates in Cabell County who worked so hard on this and THANK YOU to the Cabell-Huntington Board of Health for taking this important step to advance public health.

The following tobacco-related bill was introduced today, Wednesday, January 27th, in the West Virginia Legislature:

SB-360 - Smoke Free West Virginia Act - Sponsored by Sen. Dan Foster

Bills are listed here for informational purposes only and no endorsement is to be implied. Clear the Air will review bills more in depth as they begin to move. To track these bills yourself visit the West Virginia Legislative website Bill Status page.

The following tobacco-related bills were introduced today, Wednesday, January 13th, in the West Virginia Legislature:

SB 24 - Forbidding tobacco products’ sale in pharmacies

SB 55 - Granting municipal courts jurisdiction over juveniles violating tobacco use laws

SB 56 - Increasing penalties for underage use or possession of tobacco

HB 2681 - Eliminating the food tax, increasing the tax on nonintoxicating beer, increasing the cigarette tax, increasing the noncigarette tobacco products tax..etc..

HB 2746 - Raising the excise tax on cigarettes and all other tobacco products

HB 2773 - Increasing the monetary penalties for selling tobacco products to minors

HB 2808 - Providing a procedure for removal of county, district or municipal officers

HB 2855 - Permitting the holder of a license to sell nonintoxicating liquors to determine the use or nonuse of tobacco products on the licensees’ premises

HB 2932 - Requiring the approval of board of health rules relating to tobacco use in public or private places

HB 3078 - Reduced Cigarette Ignition Propensity Standard and Fire Prevention Act

All House legislation on this list are carryover bills from the 2009 session. HB 3078, while introduced today, was actually passed in 2009 as a Senate bill.

Bills are listed here for informational purposes only and no endorsement is to be implied. Clear the Air will review bills more in depth as they begin to move. To track these bills yourself visit the West Virginia Legislative website Bill Status page.

Tags: 2009 Session, bills introduced, clean indoor air, tobacco control, tobacco excise tax, West Virigina Legislature

The Cabell-Huntington Health Department comment period for the proposed clean indoor air regulation closes on Friday, January 15th.

The proposed regulation can be reviewed here.

Comments can be submitted to:

Cabell-Huntington Board of Health
703 7th Avenue
Huntington, WV 25701

HB2932 would require smoking regulations by local boards of health to gain approval from county commissions, and in some cases city councils, in order to become effective.

This legislation will politicize every proposed change in local clean indoor air regulations across the state and severely undermine the foundation of public health policy in West Virginia.

This bill was sponsored by Senators Delegates Tim Manchin, Linda Longstreth and Mike Caputo and passed the  Political Subdivisions Committee yesterday on a voice vote. It now will be sent to the Judiciary Committee for further consideration.

Boards of health are unique. As regulatory bodies they combine use of scientific data, local administration of public health policy, inclusion of experts and citizens, and a structure that sets the board one degree apart from the political establishment. This last point is critical - decisions regarding the prevention of disease and protecting the community from serious public health threats are too important to be mired in political battles.

If you are concerned with protecting public health in West Virginia should contact House Judiciary Committee members by telephone or email urging them to OPPOSE HB2932. It’s best to do both - place a phone call and a follow-up email. You may contact your other members as well but the priority right now are the following Delegates:

Delegate Webster - Chair - (304) 340-3252
 cwebste1@mail.wvnet.edu
Delegate Miley - Vice-Chair - (304) 340-3248
timmiley@mail.wvnet.edu
Delegate Ellem - Minority Chair - (304) 340-3394
ellem@wirefire.com
Delegate Lane - Minority Vice-Chair - (304) 340-3275
patlane@mail.wvnet.edu
Delegate Barker - (304) 340-3149
barker100@verizon.net
Delegate Brown - (304) 340-3106
bbrown1@mail.wvnet.edu
Delegate Caputo -(304) 340-3249
caputo@mail.wvnet.edu
Delegate Ferro - (304) 340-3111
mtferro@mail.wvnet.edu
Delegate Fleischauer - (304) 340-3169
barbaraf@mail.wvnet.edu
Delegate Frazier - (304) 340-3396
jfrazier@mail.wvnet.edu
Delegate Hunt - (304) 340-3392
mhunt@markahunt.com
Delegate Hutchins - (304) 340-3270
thutch@mail.wvnet.edu
Delegate Longstreth - (304) 340-3124
llongstr@mail.wvnet.edu
Delegate Michael - (304) 340-3340
Harold@hardynet.com
Delegate Moore - (304) 340-3189
cmoore@mail.wvnet.edu
Delegate Shook - (304) 340-3173
ashook@mail.wvnet.edu
Delegate Susman - (304) 340-3183
ssusman@mail.wvnet.edu
Delegate Tabb - (304) 340-3274
rtabb@mail.wvnet.edu
Delegate Wells - (304) 340-3287
dwells@mail.wvnet.edu
Delegate Wooton - (304) 340-3164
wrwooton@mail.wvnet.edu
Delegate Hamilton - (304) 340-3167
bhamilt@mail.wvnet.edu
Delegate Overington - (304) 340-3148
john@overington.com
Delegate Schadler - (304) 340-3191
rschadler@comcast.net
Delegate Schoen - (304) 340-3141
pschoen@mail.wvnet.edu
Delegate Sobonya - (304) 340-3175
ksobonya@mail.wvnet.edu

You can identify your other members and their Capitol phone number by entering your zip code here. Legislators need to hear there is a large amount of grassroots opposition to this legislation.

Please make your phone call today - even if you do not personally reach your legislators leave them a message requesting that they OPPOSE HB2932.

Tags: 2009 Session, Action Alert, clean indoor air, West Virginia Legislature

Moments ago the House Political Subdivision Committee passed out HB2932.

This legislation would require the approval of county commissions and, in some cases, city council of local clean indoor air regulations passed by boards of health. This bill is OPPOSED by the American Heart Association, American Lung Association, American Cancer Society and the Coalition for a Tobacco-Free West Virginia as well as other health groups.

The bill now moves to the House Judiciary Committee.

We will post a new action alert listing Judiciary Committee members and contact information later this evening.

Tags: 2009 Session, clean indoor air, Legislative Action

The House Political Subdivision Committee ran out of time and did not take up HB2932. The Committee Chair, Tim Manchin, announced at the end of today’s meeting that the committee will meet again on Thursday at 4 P.M. at which time HB2932 will be taken up.

See the post below for the members of the Political Subdivision Comittee and contact them to OPPOSE HB2932.

Tags: Action Alert, clean indoor air, Legislative Action