Smoking law under review in Legislature

The legislative Interim Study Committee on Public Policy will review the state’s smoking policy, including a look at e-cigarettes and an increase in the cigarette tax, at its first meeting Oct. 6.

Chaired by Sen. Ron Alting, R-Lafayette, the committee has a full agenda for its meeting scheduled to start at 1 p.m. in Room 431 of the Statehouse.

The topics to be considered by the committee include:

•    Whether smoking should be prohibited in bars, casinos and private clubs
•    Whether e-cigarettes should be subject to smoking bans
•    Taxing e-cigarettes
•    Fiscal impact of an increase in the cigarette tax
•    Impact of tobacco tax on smoking rates and health
•    Impact of smoking upon families and pregnancy
•    Costs incurred by state as a result of smoking during pregnancy.

Rep. Charlie Brown, D-Gary, a member of the House Public Policy Committee, co-authored House Bill 1235 during the 2015 session of the Indiana General Assembly. The bill would have added electronic cigarettes to the state’s definition of “smoking” and prohibited their use in places where the use of tobacco products is banned. Also, the bill would have imposed a tax on e-cigarettes.

HB 1235 was assigned to the House Committee on Public Policy but did not receive a hearing.

Another measure, Senate Bill 115, introduced by Sen. Phil Boots, R-Crawfordsville, would have removed the requirement that members of a private club must have voted to allow smoking within the past two years. Like the smoking legislation in the House, this bill was referred to the Senate Committee on Public Policy where it stalled.  

However, a provision removing the voting requirement was part of Senate Enrolled Act 463, authored by Sen. Patricia Miller, R-Indianapolis. The measure focused on cigarettes and tobacco sales, but in a later version of the bill, the three-line voting provision was deleted from Indiana Code 7.1-5-12-5.

After passing through the House and Senate by a comfortable majority, the bill was signed into law May 7, 2015.

The review of Indiana’s smoking law comes three years after the Legislature enacted a state-wide smoking ban in 2012 and just months after the Indiana Court of Appeals found a portion of the Indianapolis No-Smoking Ordinance to be unconstitutional.

In Whistle Stop Inn, Inc., and Louise Liford d/b/a/ Thirsty Turtle v. City of Indianapolis, Mayor Greg Ballard, Indianapolis City-County Council and Hoosier Park, LLC, 49A02-1407-MI-519, the Court of Appeals ruled that the ordinance’s provision allowing smoking in satellite facilities, specifically Hoosier Park Winner’s Circle, violated the Equal Privileges and Immunities Clause of the Indiana Constitution.

The Court of Appeals denied a petition for a rehearing. A petition to transfer is pending.

In a separate action, Indiana Attorney General Greg Zoeller applauded the exclusion of tobacco products from the Trans-Pacific Partnership trade agreement. Zoeller had joined other state attorneys general last year in arguing a provision in the draft of the agreement would have given an unfair advantage to tobacco companies by enabling them to challenge tobacco regulations in trade tribunals instead of each nation’s courts.

The final version of the TPP that has emerged in recent days includes a carve-out on tobacco products from the arbitration provision. The agreement now goes before Congress for consideration.  

“Tobacco companies knowingly manufacture products that when used as directed cause cancer, emphysema, heart attack and death, and state attorneys general have fought to ensure tobacco companies pay what they owe for the healthcare costs of cigarette smoking,” Zoeller said in a statement. “Vigorous international trade allows Indiana’s products to be sold overseas and the TPP if approved would offer a mechanism for other types of companies and nations to resolve any trade disputes, but tobacco companies whose products are a unique threat to public health should be excluded from that process. This is a victory for public health.”   

Zoeller is a candidate in the Republican primary to represent Indiana’s 9th Congressional district.