Legislative Alert

Tobacco
Friday, September 3, 2010


HB2748Paraphrase:states that all buildings, or portions thereof, owned by an educational facility as defined in the Smoking in Public Places and Indoor Workplaces Act are to be designated as nonsmoking. It also states that all campuses, buildings and grounds or portions thereof owned or operated by an institution within the Oklahoma State System of Higher Education may be designated as tobacco free, including smoking or smokeless tobacco, upon adoption of a policy stating the tobacco restrictions for the institution and the intent to enforce penalties for violations. It also states that smoking is prohibited within 25 feet of the entrance or exit of any buildings specified above.
 Principal Authors:Lee Denney (H), Jim Halligan (S)
 Effective Date:11/01/2010Emergency:No
 Status Date:04/13/2010Current Status:Governor Action - Signed

HB2774Paraphrase:creates the Clean Air in Restaurants Act. It authorizes the Department of Health to implement a rebate program to reimburse restaurants for 50 percent of the funds expended, minus depreciation costs, in establishing a designated smoking room prior to Nov. 1, 2010. It grants the rebate only for restaurants that convert to a completely smoke-free environment by Jan. 1, 2013. It directs the department to use proceeds generated by the Tobacco Prevention and Cessation Revolving Fund for the rebate program. The measure also creates the Oklahoma Certified Healthy Communities Act, directing the Department of Health to establish and maintain a program for the voluntary certification of communities that promote wellness, encourage the adoption of healthy behaviors and establish safe and supportive environments. It also creates the Oklahoma Healthy Communities Advisory Committee to work with the department to develop criteria for community certification. It directs the department and the committee to develop an online scoring system based on the criteria developed. It directs the program to recognize three levels of certification: basic, merit and excellence certifications. The bill also creates the Oklahoma Certified Healthy Schools Act, directing the Department of Health to establish and maintain a program for the voluntary certification of schools that promote wellness, encourage the adoption of healthy behaviors and establish safe and supportive environments. It creates the Oklahoma Health Schools Advisory Committee to work with the department to develop criteria for basic, merit and excellence certifications. The bill also allows the department to provide monetary awards for schools that earn certification, subject to available funding, to be used for the enhancement of wellness activities and the promotion of healthy environments. It also directs the department to develop an online application form for schools seeking to become certified.
 Principal Authors:Kris Steele (H), Clark Jolley (S)
 Effective Date:11/01/2010Emergency:No
 Status Date:05/07/2010Current Status:Governor Action - Signed

SB2125Paraphrase:limits the bond amount in any action or litigation brought under any legal theory involving a non-participating manufacturer to the Master Settlement Agreement resulting from the state's lawsuits against tobacco companies to the lesser of no more than 100 percent of the judgment, exclusive of interest and costs; 10 percent of the net worth of the judgment debtor; or $25 million.
 Principal Authors:Sean Burrage (S), Ben Sherrer (H)
 Effective Date:11/01/2010Emergency:No
 Status Date:04/16/2010Current Status:Governor Action - Signed

SB2253Paraphrase:modifies reference to federal law related to fireworks. The bill also distinguishes between consumer and display fireworks. The bill defines "novelty" and provides examples. The bill permits novelties to be legally stored, transported, sold and used. The bill deletes language related to public access to fireworks offered for retail sale and incorporates references to federal law. It prohibits fireworks from being sold or displayed to the public within any building or vehicle unless fireworks are kept where they cannot be reached by nonemployees. It also requires an enclosed building used for sale of fireworks to the public to have adequate exits as determined by the codes and standards adopted by the State Fire Marshal Commission or the Oklahoma Uniform Building Code Commission. It sets license fees and requires them to be paid to the state fire marshal's office. It allows the collected fees to be placed to the credit of the State Fire Marshal Revolving Fund of the State Treasury. It requires a person or organization making application for permit to have a general liability insurance policy of not less than $1 million or the amount set forth by the local governing body.
 Principal Authors:Don Barrington (S), Don Armes (H)
 Effective Date: / / Emergency:Yes
 Status Date:06/08/2010Current Status:Governor Action - Signed

Reprinted with permission
Copyright (c) eCapitol, LLC, 2009