Republican Congressman Vito Fossella (NY-13) had a blood alcohol of 0.17, more than twice the legal limit of 0.08, when he was driving in Alexandria, VA two nights ago.  Under Virginia law, a DUI conviction with a blood alcohol or 0.15 or higher would require mandatory jail time of five days.

If United States Representative Vito J. Fossella Jr. is convicted on charges of driving while intoxicated, he would face a mandatory five days in jail, according to law enforcement officials in the Washington suburb where the congressman was arrested on Thursday.

According to court documents in Alexandria, Va., Mr. Fossella, the only Republican member of Congress from New York City, had a blood-alcohol level of 0.17.

S. Randolph Sengel, the commonwealth attorney for Alexandria, said that a blood-alcohol level higher than 0.15 would require a mandatory jail time of five days. A level higher than 2.0 would require a mandatory jail sentence of 10 days.

http://cityroom.blogs.nytimes.com/...

Rep. Vito J. Fossella (R-N.Y.) was arrested overnight in Alexandria and charged with driving while intoxicated, court records showed today.

Fossella is scheduled to appear in Alexandria General District Court on May 12 for an advisement hearing, the records said.

No other details were immediately available.

Reached by phone, Fossella's communication director had no immediate comment on the report.

http://www.washingtonpost.com/...

Wednesday morning at 8:30 AM, the container ship Cosco Busan collided with one of the piers of the west span of the San Francisco-Oakland Bay Bridge tearing a 160 ft gash into the ship.  Throughout Wednesday we were hearing numbers like 140 gallons for the amount of bunker fuel spilled in the bay.

Rob Roberts, a lieutenant with the state Department of Fish and Game, said the 140 gallons of fuel that spilled from the ship will take about a month to clean up. By midday, some fuel had already reached Pier One in San Francisco just north of the Ferry Building.

He said the spill is "something we're worried about."

Hunter added, "One hundred-forty gallons is 140 gallons too much."

Roberts said private companies hired by the ship owner will perform the cleanup.

http://www.sfgate.com/...

Now the truth is coming out.  The new estimate is that 58,000 gallons of bunker fuel spilled into the Bay.  The Coast Guard is claiming to have 8,000 gallons contained, leaving 50,000 out there.

More after the flip.

Lord Saletan, the world's worst reporter on "science, technology and life", has turned his attention to tobacco control policy in an article in Slate.  It's called "Kicking Butt: The international jihad [sic] against tobacco."  It's classic Saletan, i.e. complete garbage and vague discomfort masquerading as a policy piece.  It's abundantly clear by the end that he really has only a passing familiarity with tobacco control policy.

http://www.slate.com/...

Back in February, I wrote a diary "Nine States Considering Workplace Smoking Bans", in which I listed nine states that might adopt Workplace Smoking Laws this session.  Those states were:

New Hampshire (Sep. 17, 2007)
Maryland (Feb. 1, 2008)
Minnesota (Oct. 1, 2007)
Oregon (Jan. 1, 2009)
Pennsylvania
Wisconsin
New Mexico (June 15, 2007)
Iowa
Illinois (Jan. 1, 2008)

As of today, six of those states (the ones in boldface above) have adopted workplace smoking laws.  The dates listed above show when the laws will go into effect.  One state that I didn't mention in that diary was Tennessee, which thanks largely to the efforts of Gov. Phil Bredesen, adopted a workplace smoking law which covers most workplaces, excluding bars.  That law has been in effect since July 1st, and will enforced from Oct. 1st, 2007.

(More after the jump)

(crossposted at Calitics)

Over 40,000 Californians die every year from tobacco smoking, nearly one-fifth of all of the deaths that occur in the state.  That's 17 times the California's 2,500 annual homicides and ten times the 4,100 Californians who will die of breast cancer this year.  Despite decreases in smoking rates, tobacco use remains the state's leading public health emergency.

What, therefore, can you say about an elected official who takes campaign contributions from the industry that needs, for its survival, that that public health emergency continue unabated and thus needs a favorable regulatory climate in Sacramento?

A new report from the American Lung Association of California details the bribes donations that Big Tobacco gave to legislators and candidates during 2005-6.

There is a tradition in the Netherlands of "ludieke acties", demonstrations (in the broadest sense) whose very absurdity highlights to absurdity of the status quo.  Tonight, Dutch broadcaster BNN pulled off one of the best.  The Netherlands, like most of the world, suffers from a severe shortage of donated organs.  200 people die every year in the Netherlands waiting for kidneys while healthy organs go to the grave or the crematorium.  In the US, 96,663 are currently on waiting lists for donated organs and tissues.

In response to the donor shortage, BNN broadcast De Grote Donorshow (The Great Donorshow), a reality TV show where three patients waiting for kidney transplants could compete to be chosen to receive a kidney from Lisa, a terminally-ill patient.  The three contestants would make their case to Lisa and viewers could text Lisa with advice on which contestant should receive her kidneys.  At the end, Lisa would choose one of the contestants to receive her kidneys.

(More after the flip)

Today, May 31st is World No Tobacco Day.  650 Million people worldwide smoke tobacco regularly and half of them will be killed by it.  440,000 Americans die every year as a result of tobacco use.  In the US, deaths associated with smoking account for more deaths than AIDS, alcohol use, cocaine use, heroin use, homicides, suicides, motor vehicle crashes, and fires combined. The World Health Organization (WHO) has been spearheading tobacco control worldwide through its Tobacco Free Initiative and the Framework Convention on Tobacco Control.  147 nations are parties to the FCTC.  The US signed the FCTC in 2003, but has not ratified it.

(Click to Enlarge)

More after the jump

I have been following the progress of Workplace Smoking Bills through the nation's legislatures during the 2007 Legislative Session.  Three workplace smoking laws have already come into effect this year.

Puerto Rico: March 1st
Arizona: May 1st
Ohio: May 3rd (has been in effect but enforcement started)

One state has enacted a workplace smoking law taking effect later this year

New Mexico: June 15th

Two states, Utah and Montana, have partial workplace smoking laws which extend to all workplaces in 2009.

Utah: Jan. 2009
Montana: Oct. 2009

(More after the flip)

(Cross-posted at The Albany Project)

With Democrats only two seats away from a majority in the New York Senate (with LG David Patterson casting the deciding vote), the fight over the 2008 Senate becomes increasingly critical.  We have two elections remaining before the next redistricting.  New York Republicans must realize that a Democratic-controlled redistricting in 2011 would spell disaster for them both in the State Senate and in the New York Congressional delegation.  I prepared the following maps from the

Apr. 2007 Voter Enrollment Stats and the

Jun. 2002 Voter Registration Stats

If you'd like a copy of the Excel file I prepared these from, email me at ortcutt (at) gmail.

In a 85-45 vote today, the Minnesota House approved the Freedom to Breathe Act which would require that all workplaces and public indoor places be smokefree...kinda.  On March 27th, the Minnesota Senate passed the bill with no amendments by 41-24.  Unfortunately, as the bill worked its way through the House Commerce Committee, it picked up an amendment which would allow local officials to authorize bars to have a separate smoking room which employees wouldn't enter during business hours.  The differences between the two versions of the bill will have to be worked out in Conference, which is where the bill is now headed.  With strong majorities in both houses in favor of the bill, there is a decent chance that the Senate's version of the bill will have enough votes to pass.  Gov. Pawlenty has said that he will sign the bill.

http://www.kare11.com/...

(More after the flip)

The year continues to see progress toward clean indoor air in workplaces and public places.  Three states have smokefree air laws coming into effect in the next two months:  

Arizona: May 1st
Ohio: May 3rd (has been in effect but will start to be enforced)
New Mexico: June 15th

New Mexico enacted its smokefree workplace law this session.  Maryland's law is all-but-enacted having passed through the General Assembly, and now only awaiting Gov. O'Malley's promised signature.  Maryland's law will take effect Feb. 1st, 2008.

Smokefree workplace laws are working their way through the legislatures of seven more states:

New Hampshire
Illinois
Minnesota
Wisconsin
Oregon
Tennessee
North Carolina

(More after the flip)

The Republican Party holds a 23-18 lead in the Delaware House.  We have a chance tomorrow in HD-07 to make that 22-19 after House Majority Leader Wayne Smith walked out of the House though the revolving door to the Delaware Healthcare Association, the industry group for hospital and HMOs.

The 2007 Legislative Session continues to make strides toward Smokefree Indoor Air.  Last week and the month before, I diaried some of the efforts to pass Workplace and Indoor Public Place Smoking Bans in the nation's state legislatures.

Yesterday, I diaried Pennsylvania State Senator Bob Regola being charged with "three counts of perjury, allowing possession of a firearm by a minor, recklessly endangering another person and false swearing."  Today, we move to the Grand Old Police Blotter over to Delaware, where State Representative  John C. Atkins resigned today before the Delaware House debated a censuring Atkins.

More after the jump:

PA State Senator Bob Regola was charged today with three counts of perjury, allowing possession of a firearm by a minor, recklessly endangering another person and false swearing.  The charges arise in connection with the death of Louis Farrell, 14, who was found dead with Regola's gun at his side.  The Westmoreland County Coroner declared the death a suicide.

Last month I diaried a preview of what was coming in the 2007 Legislative Session with respect to Smokefree Indoor Air legislation.  Since then several states have taken action to support smokefree indoor air in workplaces and public places.

2006 was a watershed year for states adopting workplace smoking bans.  Workplace Smoking Bans came into effect in Arkansas (except bars), Colorado, DC, Hawaii, Louisiana (except bars), New Jersey (except casinos), and Ohio.  Arizona and Puerto Rico adopted workplace smoking legislation that will take effect in a few months.  2007 looks to be a continuation of that trend with at least nine states seriously debating legislation.  Those states are:

New Hampshire
Maryland
Minnesota
Oregon
Pennsylvania
Wisconsin
New Mexico
Iowa
Illinois

My prediction is that six of these states will pass legislation this year.

More after the flip.