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Hits and misses from the legislative session

Wednesday, August 12, 2009
(Updated 4:33 pm)

RALEIGH — This was the year lawmakers on Tobacco Road asked smokers to take it outside.

As the General Assembly session adjourned Tuesday, lawmakers pointed to a new law that will ban smoking in bars and restaurants starting Jan. 2 as one of the hallmarks of an often contentious year.

“We’re glad to see that go into effect,” said Rep. Hugh Holliman, a Lexington Democrat who helped push the measure through.

Like many of the General Assembly’s accomplishments for the year, the ban comes with a caveat of work left undone. The ban was not as strict as proponents would have liked; earlier versions would have banned smoking in any workplace.

And while Democrats control the House and Senate, not all Democrats embraced their party’s accomplishments equally.

“My frustration is probably not unlike others in rural North Carolina. This is an industry that is trying to restructure and reinvent itself,” said Rep. Nelson Cole, a Reidsville Democrat and opponent of the smoking ban. He said the ban, coupled with an increase in tobacco excise taxes, could drive jobs out of Rockingham County. “It’s bleeding now and it’s destined to death, but we need to keep those people employed as long as they manufacture a legal product.”

Of course, the dominant issue throughout the session was a state budget picture that grew steadily worse, confronting lawmakers with what Democrats described as a $4.5 billion gap.

Nearly a month after it was due, lawmakers passed a $19 billion budget that was leaner than in previous years and raised taxes by $1 billion. While Republicans complained the budget did not cut enough and did not properly account for federal stimulus spending, Democrats say the plan saved crucial government services.

“We have saved public education and its core mission in North Carolina from what could have been severe jeopardy,” House Speaker Joe Hackney said.

Other major pieces of legislation included:

  • The Beach Plan, which restructures a public insurance program for coastal counties. Without changes, insurers threatened to leave North Carolina. In case of a tremendous storm, residents in noncoastal counties could be liable for a surcharge to help the plan recover.
  • Incentives for Apple and other companies. Apple computer will locate a data center in Catawba County. It was the largest of a series of economic incentives passed by the General Assembly, including one that will enlarge the tax credit given to production companies who film movies here.

Conflict

Gov. Bev Perdue was effusive as she prepared to sign the Racial Justice Act into law, saying the measure would help ensure the state’s death penalty law is applied in an even-handed fashion.

“It takes a grand step forward to make sure when North Carolina hands down our state’s harshest penalty, it is based on justice, not prejudice,” Perdue said.

The act allows defendants to raise statistical evidence of racial bias in their sentencing. While hailed by legislative Democrats, Republicans lambasted the measure as a back-door way to end the death penalty.

The measure was one of several this year that drew sharp lines between social conservatives and more liberal members. Those measures include:

  • The bullying bill, which requires school systems to adopt policies prohibiting intimidation of students. Conservatives opposed the measure because it enumerated specific groups to be protected, including gay students.
  • A revision to the sex-education law, which will add more comprehensive information to the school curriculum.
  • Two measures that reduce sentences for certain convicts. Democrats said the reduced sentences would be more fair, but most Republicans argued that the state would be too lenient on sometimes-violent offenders.

“The liberal Democratic leadership will push those agenda items on the left and they will bury those items that appeal to more conservative and more middle-of-the-road legislators,” said Sen. Phil Berger, an Eden Republican.

Two items, in particular, eluded proponents:

  • A rewrite of the state’s annexation laws. The House passed a bill late in the session that Berger and other backers described as “flawed.” It will have to wait for Senate action next year.
  • Measures to curb eminent domain, the power of government to take property for public use. The bills were vetted but never made it to full floor votes. A House measure was returned to committee before the chamber could decide on it.

Speaker Hackney pushed back on the idea that the General Assembly was steering a left-of-center course, saying lawmakers responded to the people’s wishes.

“This is a centrist state, this is a centrist legislature,” Hackney said.

Local bills

Not every bill led to a philosophical donnybrook nor carried statewide implications.

Among the bills with uniquely local implications was a credit for flight simulators. According to Commerce Department officials, Greensboro could land a company that trains flight crews for small jets with a newly passed exemption that rebates the cost of sales taxes on simulators.

“It was critical we did this before 2010,” said Sen. Katie Dorsett, a Greensboro Democrat. Sen. Don Vaughan, also a Greensboro Democrat, said he expected an announcement about the new company “very soon. My impression is it could happen very quickly.”

The credit will cost the state about $128,000 but could produce about 60 jobs, the senators said.

Other local measures:

  • New development rules will require cities, counties and the developers to curb pollution running off new developments and established neighborhoods. Although they are designed to clean up Jordan Lake, a water supply and recreation lake in the Triangle, the rule could also help clean up streams in Guilford and Rockingham counties. The rules were initially controversial because of the cost, but local governments, developers and environmental advocates backed the compromise measure that passed.
  • Budget writers spared the State Bureau of Investigation crime lab in Greensboro. Although it just opened a year ago and was paid for in part with local funds, some versions of the budget would have eliminated the facility. Guilford County lawmakers pushed to preserve the lab.
  • Guilford County lawmakers were not successful in saving a state correctional center in eastern Guilford County, which is scheduled to close this fall. And in Rockingham County, the school system lost extra funding to recruit science and math teachers.
  • State and local ABC boards will be able to consider whether a proposed liquor store is within 1,000 feet of a school if that proposed location is within Guilford County. Once such location became the subject of controversy in Greensboro late last year.
  • Oak Ridge will be able to govern development and annex land between its corporate limits and Forsyth County. Officials with Kernersville opposed the move, in part because the Forsyth County town was also eying the area.

 

Contact Mark Binker at (919) 832-5549 or mark.binker@news-record.com

 

Accompanying Photos

File photo (News & Record)

Photo Caption: North Carolina legislative building in Raleigh.

Comments

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dhg4629

August 12, 2009 - 5:51 am EDT

"The Beach Plan" We as tax payers are going to pay for property at the beach that gets hit by storms. How many ways can I think this is wrong? If you build on the beach you are going to get hit! Most of the people that own property at our beaches are not from North Carolina. I think it should be like flood insurance. You have to take out a storm policy. If my house burns down or gets hit by a storm. Are the rich people that own property at the beach going to pay extra to have it built back? I don't think so.

harleyrider1978

August 12, 2009 - 8:33 am EDT

A cancer epidemiologist, who conducted the largest secondhand smoke study ever done, the UCLA Study, completed "too late" to be included Surgeon General Carmona's 2006 report, wrote a letter, at the request of Keep St. Louis Free, to the St. Louis County Council, that ended with these two paragraphs:"I should say that, personally, I feel strongly that non-smokers should not have to be exposed to cigarette smoke. While the available evidence does not suggest that average exposure to environmental tobacco smoke is an important cause of heart disease or lung cancer in people who do not smoke, cigarette smoke is irritating, can trigger allergic reactions in some people, and can exacerbate asthma and other chronic respiratory conditions. Yet, since the available evidence suggests that the effects of environmental tobacco smoke, particularly for coronary heart disease, are considerably smaller than generally believed, lawmakers may therefore have greater latitude than generally believed to consider the segregation of smokers and nonsmokers and the use of air filtration as adequate and responsible ways to address the health concerns of ETS in workplaces such as bars and restaurants. If it is possible, through segregation of smokers and nonsmokers and the use of air filtration, to reduce all components of environmental tobacco smoke in establishments where smoking is permitted to the level of the air in non-smoking establishments, there is reason to believe that any risk would be undetectable."

THE AIR ACCORDING TO OSHA

Though repetition has little to do with "the truth," we're repeatedly told that there's "no safe level of exposure to secondhand smoke."

OSHA begs to differ.

OSHA has established PELs (Permissible Exposure Levels) for all the measurable chemicals, including the 40 alleged carcinogens, in secondhand smoke. PELs are levels of exposure for an 8-hour workday from which, according to OSHA, no harm will result.

Of course the idea of "thousands of chemicals" can itself sound spooky. Perhaps it would help to note that coffee contains over 1000 chemicals, 19 of which are known to be rat carcinogens.
-"Rodent Carcinogens: Setting Priorities" Gold Et Al., Science, 258: 261-65 (1992)

There. Feel better?

As for secondhand smoke in the air, OSHA has stated outright that:

"Field studies of environmental tobacco smoke indicate that under normal conditions, the components in tobacco smoke are diluted below existing Permissible Exposure Levels (PELS.) as referenced in the Air Contaminant Standard (29 CFR 1910.1000)...It would be very rare to find a workplace with so much smoking that any individual PEL would be exceeded."
-Letter From Greg Watchman, Acting Sec'y, OSHA, To Leroy J Pletten, PHD, July 8, 1997

Indeed it would.

Independent health researchers have done the chemistry and the math to prove how very very rare that would be.

As you're about to see in a moment.

In 1999, comments were solicited by the government from an independent Public and Health Policy Research group, Littlewood & Fennel of Austin, Tx, on the subject of secondhand smoke.

Using EPA figures on the emissions per cigarette of everything measurable in secondhand smoke, they compared them to OSHA's PELs.

The following excerpt and chart are directly from their report and their Washington testimony:

CALCULATING THE NON-EXISTENT RISKS OF ETS

"We have taken the substances for which measurements have actually been obtained--very few, of course, because it's difficult to even find these chemicals in diffuse and diluted ETS.

"We posit a sealed, unventilated enclosure that is 20 feet square with a 9 foot ceiling clearance.

"Taking the figures for ETS yields per cigarette directly from the EPA, we calculated the number of cigarettes that would be required to reach the lowest published "danger" threshold for each of these substances. The results are actually quite amusing. In fact, it is difficult to imagine a situation where these threshold limits could be realized.

"Our chart (Table 1) illustrates each of these substances, but let me report some notable examples.

"For Benzo[a]pyrene, 222,000 cigarettes would be required to reach the lowest published "danger" threshold.

"For Acetone, 118,000 cigarettes would be required.

"Toluene would require 50,000 packs of simultaneously smoldering cigarettes.

"At the lower end of the scale-- in the case of Acetaldehyde or Hydrazine, more than 14,000 smokers would need to light up simultaneously in our little room to reach the threshold at which they might begin to pose a danger.

"For Hydroquinone, "only" 1250 cigarettes are required. Perhaps we could post a notice limiting this 20-foot square room to 300 rather tightly-packed people smoking no more than 62 packs per hour?

"Of course the moment we introduce real world factors to the room -- a door, an open window or two, or a healthy level of mechanical air exchange (remember, the room we've been talking about is sealed) achieving these levels becomes even more implausible.

"It becomes increasingly clear to us that ETS is a political, rather than scientific, scapegoat."

Chart (Table 1)

-"Toxic Toxicology" Littlewood & Fennel

Coming at OSHA from quite a different angle is litigator (and how!) John Banzhaf, founder and president of Action on Smoking and Health (ASH).

Banzhaf is on record as wanting to remove healthy children from intact homes if one of their family smokes. He also favors national smoking bans both indoors and out throughout America, and has litigation kits for sale on how to get your landlord to evict your smoking neighbors.

Banzhaf originally wanted OSHA to ban smoking in all American workplaces.

It's not even that OSHA wasn't happy to play along; it's just that--darn it -- they couldn't find the real-world science to make it credible.

So Banzhaf sued them. Suing federal agencies to get them to do what you want is, alas, a new trick in the political deck of cards. But OSHA, at least apparently, hung tough.

In response to Banzhaf's law suit they said the best they could do would be to set some official standards for permissible levels of smoking in the workplace.

Scaring Banzhaf, and Glantz and the rest of them to death.

Permissible levels? No, no. That would mean that OSHA, officially, said that smoking was permitted. That in fact, there were levels (hard to exceed, as we hope we've already shown) that were generally safe.

This so frightened Banzhaf that he dropped the case. Here are excerpts from his press release:

"ASH has agreed to dismiss its lawsuit against OSHA...to avoid serious harm to the non-smokers rights movement from adverse action OSHA had threatened to take if forced by the suit to do it....developing some hypothetical [ASH's characterization] measurement of smoke pollution that might be a better remedy than prohibiting smoking....[T]his could seriously hurt efforts to pass non-smokers' rights legislation at the state and local level...

Another major threat was that, if the agency were forced by ASH's suit to promulgate a rule regulating workplace smoking, [it] would be likely to pass a weak one.... This weak rule in turn could preempt future and possibly even existing non-smokers rights laws-- a risk no one was willing to take.

As a result of ASH's dismissal of the suit, OSHA will now withdraw its rule-making proceedings but will do so without using any of the damaging [to Anti activists] language they had threatened to include."
-ASH Nixes OSHA Suit To Prevent Harm To Movement

Looking on the bright side, Banzhaf concludes:

"We might now be even more successful in persuading states and localities to ban smoking on their own, once they no longer have OSHA rule-making to hide behind."

Once again, the Anti-Smoking Movement reveals that it's true motive is basically Prohibition (stopping smokers from smoking; making them "social outcasts") --not "safe air."

And the attitude seems to be, as Stanton Glantz says, if the science doesn't "help" you, don't do the science.

harleyrider1978

August 12, 2009 - 8:35 am EDT

Scientific Evidence Shows Secondhand Smoke Is No Danger
Written By: Jerome Arnett, Jr., M.D.
Published In: Environment & Climate News
Publication Date: July 1, 2008
Publisher: The Heartland Institute

Exposure to secondhand smoke (SHS) is an unpleasant experience for many nonsmokers, and for decades was considered a nuisance. But the idea that it might actually cause disease in nonsmokers has been around only since the 1970s.

Recent surveys show more than 80 percent of Americans now believe secondhand smoke is harmful to nonsmokers.

Federal Government Reports

A 1972 U.S. surgeon general's report first addressed passive smoking as a possible threat to nonsmokers and called for an anti-smoking movement. The issue was addressed again in surgeon generals' reports in 1979, 1982, and 1984.

A 1986 surgeon general's report concluded involuntary smoking caused lung cancer, but it offered only weak epidemiological evidence to support the claim. In 1989 the Environmental Protection Agency (EPA) was charged with further evaluating the evidence for health effects of SHS.

In 1992 EPA published its report, "Respiratory Health Effects of Passive Smoking," claiming SHS is a serious public health problem, that it kills approximately 3,000 nonsmoking Americans each year from lung cancer, and that it is a Group A carcinogen (like benzene, asbestos, and radon).

The report has been used by the tobacco-control movement and government agencies, including public health departments, to justify the imposition of thousands of indoor smoking bans in public places.

Flawed Assumptions

EPA's 1992 conclusions are not supported by reliable scientific evidence. The report has been largely discredited and, in 1998, was legally vacated by a federal judge.

Even so, the EPA report was cited in the surgeon general's 2006 report on SHS, where then-Surgeon General Richard Carmona made the absurd claim that there is no risk-free level of exposure to SHS.

For its 1992 report, EPA arbitrarily chose to equate SHS with mainstream (or firsthand) smoke. One of the agency's stated assumptions was that because there is an association between active smoking and lung cancer, there also must be a similar association between SHS and lung cancer.

But the problem posed by SHS is entirely different from that found with mainstream smoke. A well-recognized toxicological principle states, "The dose makes the poison."

Accordingly, we physicians record direct exposure to cigarette smoke by smokers in the medical record as "pack-years smoked" (packs smoked per day times the number of years smoked). A smoking history of around 10 pack-years alerts the physician to search for cigarette-caused illness. But even those nonsmokers with the greatest exposure to SHS probably inhale the equivalent of only a small fraction (around 0.03) of one cigarette per day, which is equivalent to smoking around 10 cigarettes per year.

Low Statistical Association

Another major problem is that the epidemiological studies on which the EPA report is based are statistical studies that can show only correlation and cannot prove causation.

One statistical method used to compare the rates of a disease in two populations is relative risk (RR). It is the rate of disease found in the exposed population divided by the rate found in the unexposed population. An RR of 1.0 represents zero increased risk. Because confounding and other factors can obscure a weak association, in order even to suggest causation a very strong association must be found, on the order of at least 300 percent to 400 percent, which is an RR of 3.0 to 4.0.

For example, the studies linking direct cigarette smoking with lung cancer found an incidence in smokers of 20 to around 40 times that in nonsmokers, an association of 2000 percent to 4000 percent, or an RR of 20.0 to 40.0.

Scientific Principles Ignored

An even greater problem is the agency's lowering of the confidence interval (CI) used in its report. Epidemiologists calculate confidence intervals to express the likelihood a result could happen just by chance. A CI of 95 percent allows a 5 percent possibility that the results occurred only by chance.

Before its 1992 report, EPA had always used epidemiology's gold standard CI of 95 percent to measure statistical significance. But because the U.S. studies chosen for the report were not statistically significant within a 95 percent CI, for the first time in its history EPA changed the rules and used a 90 percent CI, which doubled the chance of being wrong.

This allowed it to report a statistically significant 19 percent increase of lung cancer cases in the nonsmoking spouses of smokers over those cases found in nonsmoking spouses of nonsmokers. Even though the RR was only 1.19--an amount far short of what is normally required to demonstrate correlation or causality--the agency concluded this was proof SHS increased the risk of U.S. nonsmokers developing lung cancer by 19 percent.

EPA Study Soundly Rejected

In November 1995 after a 20-month study, the Congressional Research Service released a detailed analysis of the EPA report that was highly critical of EPA's methods and conclusions. In 1998, in a devastating 92-page opinion, Federal Judge William Osteen vacated the EPA study, declaring it null and void. He found a culture of arrogance, deception, and cover-up at the agency.

Osteen noted, "First, there is evidence in the record supporting the accusation that EPA 'cherry picked' its data. ... In order to confirm its hypothesis, EPA maintained its standard significance level but lowered the confidence interval to 90 percent. This allowed EPA to confirm its hypothesis by finding a relative risk of 1.19, albeit a very weak association. ... EPA cannot show a statistically significant association between [SHS] and lung cancer."

In 2003 a definitive paper on SHS and lung cancer mortality was published in the British Medical Journal. It is the largest and most detailed study ever reported. The authors studied more than 35,000 California never-smokers over a 39-year period and found no statistically significant association between exposure to SHS and lung cancer mortality.

Propaganda Trumps Science

The 1992 EPA report is an example of the use of epidemiology to promote belief in an epidemic instead of to investigate one. It has damaged the credibility of EPA and has tainted the fields of epidemiology and public health.

In addition, influential anti-tobacco activists, including prominent academics, have unethically attacked the research of eminent scientists in order to further their ideological and political agendas.

The abuse of scientific integrity and the generation of faulty "scientific" outcomes (through the use of pseudoscience) have led to the deception of the American public on a grand scale and to draconian government overregulation and the squandering of public money.

Millions of dollars have been spent promoting belief in SHS as a killer, and more millions of dollars have been spent by businesses in order to comply with thousands of highly restrictive bans, while personal choice and freedom have been denied to millions of smokers. Finally, and perhaps most tragically, all this has diverted resources away from discovering the true cause(s) of lung cancer in nonsmokers.

Dr. Jerome Arnett Jr.

harleyrider1978

August 12, 2009 - 8:35 am EDT

FOX NEWS ARTICLE
March 8, 1998

Passive smoking doesn't cause cancer - official By Victoria Macdonald Health Correspondent

THE world's leading health organization has withheld from publication a study which shows that not only might there be no link between passive smoking and lung cancer but that it could even have a protective effect.

The astounding results are set to throw wide open the debate on passive smoking health risks. The World Health Organization, which commissioned the 12-centre, seven-country European study has failed to make the findings public, and has instead produced only a summary of the results in an internal report.

Despite repeated approaches, nobody at the WHO headquarters in Geneva would comment on the findings last week. At its International Agency for Research on Cancer in Lyon , France , which coordinated the study, a spokesman would say only that the full report had been submitted to a science journal and no publication date had been set.

The findings are certain to be an embarrassment to the WHO, which has spent years and vast sums on anti-smoking and anti-tobacco campaigns. The study is one of the largest ever to look at the link between passive smoking - or environmental tobacco smoke (ETS) - and lung cancer, and had been eagerly awaited by medical experts and campaigning groups.

Yet the scientists have found that there was no statistical evidence that passive smoking caused lung cancer. The research compared 650 lung cancer patients with 1,542 healthy people. It looked at people who were married to smokers, worked with smokers, both worked and were married to smokers, and those who grew up with smokers.

The results are consistent with their being no additional risk for a person living or working with a smoker and could be consistent with passive smoke having a protective effect against lung cancer. The summary, seen by The Telegraph, also states: "There was no association between lung cancer risk and ETS exposure during childhood."

A spokesman for Action on Smoking and Health said the findings "seem rather surprising given the evidence from other major reviews on the subject which have shown a clear association between passive smoking and a number of diseases." Roy Castle, the jazz musician and television presenter who died from lung cancer in 1994, claimed that he contracted the disease from years of inhaling smoke while performing in pubs and clubs.

A report published in the British Medical Journal last October was hailed by the anti-tobacco lobby as definitive proof when it claimed that non-smokers living with smokers had a 25 per cent risk of developing lung cancer. But yesterday, Dr Chris Proctor, head of science for BAT Industries, the tobacco group, said the findings had to be taken seriously. "If this study cannot find any statistically valid risk you have to ask if there can be any risk at all.

"It confirms what we and many other scientists have long believed, that while smoking in public may be annoying to some non-smokers, the science does not show that being around a smoker is a lung-cancer risk." The WHO study results come at a time when the British Government has made clear its intention to crack down on smoking in thousands of public places, including bars and restaurants.

Laura

August 12, 2009 - 8:52 am EDT

Smoking in public not only is a major nuisance to the majority of people who are non-smokers, it is a health hazard, and as long as there are studies confirming that it is a health hazard, then we need laws against it.

Michael Grossman

August 12, 2009 - 8:53 am EDT

harleyrider1978, please refrain from posting the full text of articles on news-record.com. You are welcome to link to something, or post excerpts of something other people have written, but we can't reproduce the entire text. Thanks.

tledford

August 12, 2009 - 9:47 am EDT

The sources you quote are all right-wing fringe groups.

Arnett is a shill for "The Competitive Enterprise Institute," a right-wing nutso group.

Fox News is blatant right-wing propaganda and everyone has known it for years.

Where is your Limbaugh citation?

Let's say all these anti-government nutsos are right, however, and not just objecting to laws in general, and there *is* no health danger in second-hand smoke.

It still stinks.

There is no health hazard in smearing dog feces on the floor in a bar, either, unless you roll around in it or lick it, but would you want to go there for a drink?

Speaking of other nuisances, can't Harley's be made to sound like BMWs? :-)

tledford

August 12, 2009 - 9:39 am EDT

"Officials with the Kernersville..."

Officials with the Kernersville *what?* Oh well, I guess there are things that grammar checkers miss.

Anyway, I hope our legislators have learned something about incentives from the Dell debacle. What a joke.

Don't give away the revenue without some *real* guarantees about job creation, with milestones and thresholds with teeth in them.

triadwatch

August 12, 2009 - 10:56 am EDT

Mark on the local level how about protest petitions for greensboro?

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