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My Smokers Rights Spring, 2008 Newsletter |
| June 5, 2008 Smokers, In many states, 2008 legislative sessions are winding down. And smokers, including MySmokersRights members, have successfully worked against legislation that would increase cigarette excise taxes or impose smoking restrictions. Perhaps your greatest success in 2008 was persuading state legislators to defeat higher cigarette taxes. Even though they were considered in almost half of the states, only two states passed cigarette tax increases this session - Massachusetts at $1 per pack (from $1.51 to $2.51, effective 7/1/08) and New York at $1.25 per pack (from $1.50 to $2.75, effective 6/3/08). Here are some highlights from the 2008 legislative session: Cigarette Taxes California - There has been a monumental victory by smokers in the nation's largest state. Governor Schwarzenegger has dropped any plan for new cigarette tax increases in his budget proposals. And it's the second win for smokers this year in the Golden State. Earlier, anti-smokers were pushing a bill through the legislature to raise cigarette taxes by $2 per pack. But smokers and their retailer and wholesaler allies worked hard with calls and messages to state legislators to stop this effort. State senators also seemed to remember the major election victory by smokers the last time a cigarette tax was on the ballot in 2004. It all added up to a victory in a state senate committee where the pro-tax legislators got only "one" vote. Even the state senator from San Francisco, the most liberal city in America, voted against new taxes. The California legislature is still in session, so smokers must remain vigilant. But for now, good job! Illinois - Sometimes smokers must work hard over the long haul to keep legislators from passing new cigarette taxes. After 18 months and thanks to the work of thousands of smokers who have made calls to the Capitol in Springfield, legislators are finally working on a new budget that does not at this time include new cigarette tax increases. To show how effective smoker and retailer efforts have been, at the beginning of this tax process, both the governor and key legislative leaders were pushing hard for a new tax of $1 per pack. Everyone truly appreciates the time and long-term effort of Illinois smokers and their allies-but it's worth it in savings for smokers every time you buy a pack of cigarettes. Kansas - Smokers came away with a strong victory when the Kansas legislature ended, with a 50¢ per pack cigarette tax bill still sitting in committee. This new tax had been pushed by the Kansas Health Policy Authority and praised by the governor as well as several key newspapers. But smokers put a strong effort into letting legislators know that new taxes were totally unacceptable. We can't rest easy, though, because health advocates are already promising a fight in 2009. Congratulations to MSR members in South Dakota who contacted their legislators and helped to defeat a multitude of proposed cigarette tax increases. Several bills, some pushing for new taxes as high as $1 per pack, died when the legislature adjourned on 3/22. Kentucky - In a state where many people make their living from tobacco, you might think it would be a little easier to stop a cigarette tax. Well, not this year in Kentucky. Early on, the new governor said, "no new taxes" but then switched his support to a $1 per pack tax – an amount even larger than liberal legislators had asked. But conservative anti-tax legislators stood firm the entire session and prevailed after a series of close votes. Kentucky smokers made thousands of calls into Frankfort and wrote letters-to-the-editor urging their legislators to stand up for Kentucky taxpayers. It worked-a big victory for smokers. Maine - For the second year in a row, Maine smokers made it clear to their legislators that they didn't want any new cigarette taxes-and the legislators got the message. Increases of up to $1 per pack were introduced but went nowhere. In the end, smokers prevailed through a strong grassroots effort. A coalition of smokers along with their allies among retailers and wholesalers again made trips to Augusta and met personally with legislators. The message was clear. Mainers don't need new taxes, especially in such a tough financial year. Massachustetts - A $1 per pack increase was passed in Massachusetts this year despite the best efforts of smokers to resist the effort. The additional revenue will be used to fix a budget shortfall caused by higher than expected costs for the state's insurance program. This is the most recent example of singling out smokers to pay for programs that both smokers and non-smokers alike use. The tax goes into effect on July 1st. Mississippi - The topic of a cigarette tax rate increase is nothing new to smokers in Mississippi, having fought them for the last three years. This year a number of attempts were made by legislators to try and make smokers responsible for fixing the state's Medicaid shortfall. Smokers stood their ground and told legislators that they should not be singled out to pay for a government program that benefits both smokers and non-smokers alike. Recently, Mississippi's legislature convened a special session where a cigarette tax is once again being considered. New Hampshire - New Hampshire passed a 25¢ per pack tax increase. But because of smokers' efforts, the tax has a "trigger." Should the state collect higher revenues from excise taxes this year than it did last year, the tax will not go into effect. The state is trying to capitalize on Massachusetts' recent cigarette tax increase. North Carolina - While most state legislatures have adjourned or are close to going home, North Carolina is just starting its "short session." On the eve of the legislature convening, Governor Easley proposed a 20¢ per pack tax increase (current tax is 35¢). But in very short order, after hearing from constituents, the leader of the state senate announced he will not support any new taxes in North Carolina this year. And other state legislators followed suit by indicating they have no appetite for increased cigarette taxes. The session continues and is scheduled to adjourn in August. South Carolina - Smokers in South Carolina have good reason to celebrate. On Wednesday, June 5, the state legislature adjourned without raising the cigarette tax. This is the fifth consecutive year that the legislature has considered a cigarette tax increase, but failed to muster the votes to pass it. This year a 50¢ per pack tax increase passed both chambers, but Governor Sanford vetoed the legislation saying, "While I'd applaud the General Assembly for finally moving a cigarette tax proposal to my desk, I can't in good conscience sign off on something that both increases the overall tax burden, and is completely irresponsible in the way it expands a host of Medicaid benefits without any way to pay for them in future years." The House fell short of overriding the Governor's veto with a 54-57 vote. Smokers and businesses made several contacts with their legislators opposing the tax increase. Well done. Get ready for a Battle Royale next year. A Reminder The threat of a cigarette tax still exists in these states: California, Illinois, North Carolina and Pennsylvania. Please use RJR's My Smokers Rights to send reminders to legislators in these states that their constituents can't stand another tax increase, especially in these days of rising costs and poor economic conditions. A Special Thanks to Smokeless Tobacco Users Florida - When special interests in the state legislature tried to use new laws to help one maker of snuff gain a commercial advantage over the brands of all the other companies, consumers let legislators know it wasn't going to happen-and it didn't. Consumers of smokeless tobacco were upset that the state tax on certain brands would have almost doubled while the tax on the brands of only one company would have stayed the same. Thanks to lots of calls from "dippers," this terrible legislation went into the committee process and never saw the light of day. Smoking Restrictions In over half the states, smokers and their allies worked hard to prevent any smoking ban bills from passage during the 2008 session. Only two states-Nebraska and Iowa-passed legislation which prohibits smoking in most public places including places of employment, restaurants and bars. Here are some 2008 highlights: Kansas - Despite a strong public effort by anti-smoking organizations, the Kansas legislature refused to pass a smoking ban for the second consecutive year. Smokers made thousands of phone calls and sent many emails to Topeka. But across the river in Kansas City, Missouri, anti-smokers did prevail on an all-inclusive smoking ban in that city. Smokers and their allies, the bar, tavern and club owners of Kansas City as well as a majority of the Kansas City Council, put together a fair smoking prevention program that was preempted in an April election by a 52-48 margin. Michigan - The economy of Michigan is one of the worst in the nation with growing unemployment and shrinking economic growth. But despite these conditions, Michigan's House and Senate have passed competing smoking bans that include prohibition in bars, taverns and clubs. That is a terrible economic blow to these hospitality venues where in some cases, smokers make up to half of their clientele. It remains to be seen if the Senate and House can come to agreement on a final version of the bill. Contacts from smokers have been instrumental in bringing about the current stalemate. Pennsylvania - A conference committee made up of members of both the Pennsylvania House and Senate worked out the differences between each body's version of a smoking ban bill. The compromise legislation allows smoking in adult-only venues such as bars and taverns, while eliminating smoking in almost all other public places. The first vote on this more common sense approach saw the bill passed in the Pennsylvania House but defeated in the Senate. A re-vote on the compromise language will probably take place the week of June 9. Presently, 23 states have passed statewide smoking restriction laws (five have not yet gone into effect) that prohibit smoking in nearly all public places including restaurants and bars. These states tend to be on the East Coast and New England, on the West Coast and a few adjacent states plus a few states on the Northern Plains. Continue to Spread the Word About MySmokersRights MySmokersRights promises to continue to keep you informed about issues affecting adult smokers. If you have friends or family members concerned about smokers' rights, tell them about MySmokersRights.com, encourage them to visit the site and join our organization. The more our membership grows, the better our chances of defeating unfair smoking bans and taxes across the nation. Together we are making a difference. As always, remember to use your personal Web page of legislators provided to you when you signed up with MySmokersRights to contact any and all of your legislators on any issue at any time. Thank you for using MySmokersRights to protect the rights of adult smokers. In an effort to defend against higher cigarette taxes, R.J. Reynolds Tobacco Company is pleased to announce No Cig Tax, a web site that provides a platform for people to quickly and easily engage in the political process and make their voices heard on proposals to increase cigarette tax rates. We invite you to visit this web site, stay informed on proposals to increase your state cigarette tax and share your opinion with your elected officials. By partnering with R.J. Reynolds, you can make a difference. RJ Reynolds Tobacco |