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CALPHO Takes a Stand on Two Tobacco Related Bills

1/31/2019

2 Comments

 
By Shannon Kolman
CALPHO is actively supporting two bills currently being considered in the Colorado Legislature; HB19-1076 Clean Indoor Air Act Add E-Cigarettes Remove Exemptions, and HB19-1033 Local Governments May Regulate Nicotine Products. Both bills are critical for all Colorado communities trying to prevent kids from becoming addicted to tobacco products and protecting everyone in the state from the harmful affects of tobacco use and second-hand smoke. 
​
HB19-1076 will modernize the Colorado Clean Indoor Air Act (CCIAA) by prohibiting the use of electronic smoking devices, known as e-cigarettes and often called vaping, in public spaces and workplaces, and would also remove some of the outdated exemptions in the Act. The vaping trend in Colorado is very real, especially among youth. Last month the Surgeon General declared youth vaping an epidemic, warning of serious health risks and calling for swift action to curb youth access. Yet, recent surveys show that only 50% of Colorado youth believe e-cigarettes are risky and Colorado has the highest rate of teen e-cigarette use in the nation. 

Colorado passed the CCIAA in 2006 which prohibits smoking in enclosed public places. Marijuana smoking was added to the law in 2013. However, the CCIAA does not explicitly ban the use of “modern smoking devices” such as e-cigarettes and vaping devices. Such devices contain cartridges filled with a liquid that is vaporized by a battery-operated heating element. The aerosol is inhaled by the user and then exhaled into the environment. So if you are around someone who is using e-cigarettes you are likely breathing an aerosol of exhaled nicotine and other fine particles of toxins.
Fifteen states across the U.S. have already added e-cigarettes to their smoke free laws and dozens of local governments in Colorado have already adopted local restrictions on e-cigarettes. It is time for the entire state to modernize CCIAA to protect everyone’s right to breathe tobacco smoke/aerosol free air.  It’s also time for local governments to have the freedom to regulate tobacco products including cigarettes and e-cigarettes. This is what HB19-1033 is trying to tackle.

In Colorado, if a locality chooses to license, access a fee, or tax cigarettes, they forgo their share of the cigarette tax revenue that exists in state law. This penalty is also assessed if a locality attempts to tax cigarettes through citizen initiative or referred measure. In addition, Colorado law defines different types of localities and thus counties and statutory cities are unable to regulate cigarettes in the same way a home-rule municipality can. HB19-1033 removes the fiscal penalty and will allow localities to make their own decisions on regulating cigarettes in terms of licensing, taxation, and assessing fees. The legislation also explicitly includes the authority of localities to raise the age of tobacco product purchase to 21, and to regulate those products’ purchase in the same manner as other controlled substances, such as marijuana and alcohol.

CALPHO is excited to join with many partners, including the organizations in the Colorado Tobacco Free Alliance, to update the Colorado Clean Indoor Air Act, and allow local governments to regulate all tobacco products, to help all people in the state to stay healthy and avoid a lifetime of nicotine addiction.
2 Comments
dave gingerich
2/6/2019 04:23:23 pm

I support the portion of this bill that adds ESDs to the current smoking restrictions and treats them as equivalent to cigarettes.

However, I strenuously oppose the portion of this bill that removes certain exemptions from current indoor smoking bans. The removal of the smoking exemption for cigar stores for instance makes no sense at all. Who benefits from that? These are a handful of small businesses that sell cigars and provide an indoor venue for their patrons to enjoy them. The cigar smokers are not endangering the public - they're already isolated (and most of us are perfectly fine with that -- no one should be involuntarily forced to breath cigar smoke).

This bill also removes the exemption for designated smoking rooms or facilities in hotels. This is a terrible idea. It will close down the Churchill Bar in the Brown Palace Hotel which has been a very special place for adults to enjoy a fine, premium cigar (although if you could find a way to ban cigarette smoking from there I wouldn't mind that at all).

This will literally put some small, family-owned businesses out-of-business. One clear example is Stanley Pappas Cigars in Arapahoe County.

So while I agree with restricting access of nicotine products to adults-only, keeping ESDs out of the hands of children, and combating the epidemic of vaping among teenagers, this bill goes too far and legislates against items that are not connected to its positive benefits.

thank you,
dave gingerich

Reply
Rctcpgi link
9/21/2020 12:54:08 am


It is a great blog post about tobacco related bills .I am always read your blog helpful and informative tips. I like it thanks for sharing
this information with us

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  • Home
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    • Strategic Focus
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    • CALPHO Board
  • Contact
  • Local Public Health
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  • Resources
    • Funding Opportunities
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    • Public Health Jobs in Colorado
  • Transformation
    • Structure
    • Core Public Health Services
    • Focus Groups
  • COVID-19 Response