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Nebraska's Smoke-Free Worksites Law Should be Mirrored by Other States, Editorial Says

Nebraska's smoke-free worksites law is doing what it was intended to do, and other states should follow suit, according to a story in the Dakota County Star.

Nebraska's smoke-free worksites law was first implemented two years ago, beginning June 1, 2009. The law is designed to promote healthy environments in worksites.

"We want to keep individuals from secondhand smoke and healthy," Pam Devries, R.N., Dakota County Public Health Department Nurse Director, told the Star. "The indoor air act is to keep people healthy and protect public health."

The nation went from zero comprehensive smokefree worksites laws in 2000 to 25 in 2010. In an editorial, the Star said it hopes that the other 25 states will join Nebraska and Iowa with such laws.

Nebraska's law eliminates smoking in enclosed indoor workspaces including restaurants, bars, keno establishments and other workplaces (retail/office space, manufacturing, etc.) and indoor public places. The only exceptions are the following:
  • up to 20 percent of hotel rooms;
  • tobacco-only retailers defined as a “store that sells only tobacco and products directly related to tobacco. Products directly related to tobacco do not include alcohol, coffee, soft drinks, candy, groceries or gasoline;”
  • facilities researching the health effects of smoking; and
  • private residences, except when a residence is being used as a licensed child care program.
Also, businesses that qualify as cigar bars are provided an exemption from the law, although such businesses may not permit the smoking of cigarettes.

Tobacco MSA Legislation Signed by Nebraska Governor; Criticized by Winnebago Tribe Leader
The chief executive of Ho-Chunk, the Ho-Chunk Winnebago's economic arm, criticized legislation passed by the Nebraska Legislature to address compliance with the Master Settlement Agreement.

In a story published in Indian Country Today, Ho-Chunk CEO Lance Morgan was quoted as saying LB590 is, "a deliberate attempt to wipe out tribal tobacco competition in Nebraska because the legislation specifically singles out Indian tribes."

LB590, introduced by Grand Island Sen. Mike Gloor, changes law regulating tobacco licenses, tobacco sales, cigarette taxes, the state directory of cigarettes, escrow deposits under the tobacco Master Settlement Agreement (MSA) and reporting requirements. The bill was passed by the legislature Monday, May 23, and was approved by Gov. Dave Heineman Thursday, May 26.

Ho-Chunk, Inc., which is located on the Winnebago Reservation in Northeast Nebraska, owns HCI Distribution.According to the website for HCI Distribution, "HCI Distribution is one of the largest Tribal cigarette and tobacco distributors in the U.S. Since we began operations we’ve helped our Tribal customers throughout the country make more money on Tribal and other brands of cigarettes and tobacco products. Selling HCI Distribution products is more profitable for you because our prices on select brands are lower than our competition. And fast convenient service is our #1 priority."

Letter Writer: Nebraska Should Raise the Tax on Tobacco Products
"Nebraska should raise the tax on tobacco products and use the money on important state programs," according to letter writer Mark Welsch of Omaha. Welsch, president of GASP, wrote to the Omaha World Herald in reference to LB436, which would raise the tax on cigarettes and other tobacco products. The bill sits in revenue committee.