[C-U Smokefree] FYI - American Lung Association Tobacco Control Tribune -- April 2008

[Kathy Drea]

 American Lung
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April 2008

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American Lung Association Policy News | News on Smokefree Air Laws |
News on Cigarette Tax Increases

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American Lung Association Policy News

FDA Legislation Passes Out of House Subcommittee
On March 11, the Family Smoking Prevention and Tobacco Control Act (HR
1108) passed out of the Subcommittee on Health of the U.S. House of
Representatives' Energy and Commerce Committee on an 18-9 bipartisan
vote. This marks the first time ever that FDA legislation has passed out
of subcommittee in the House.  The bill would give the U.S. Food and
Drug Administration (FDA) the authority to regulate tobacco products and
how they are marketed, advertised and sold.  The full Energy and
Commerce Committee is scheduled to take up the bill on April 2.  To see
an American Lung Association press release on the historic passage of
this legislation out of subcommittee, click here
<http://www.kintera.org/TR.asp?a=frKOIXOILnIUKcJ&s=eeJJLPMwEmKNK0J&m=nvJ
2LgMVIkK9E> .

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News on Smokefree Air Laws

Iowa
During March, a conference committee was formed to resolve the
differences between the state House of Representatives and the state
Senate over strengthening Iowa's laws on smoking restrictions although
the committee has taken no formal action yet.  Earlier in the
legislative session, the Senate approved a comprehensive smokefree bill
that prohibited smoking in all restaurants, bars and casinos.  However,
on March 12, the House approved, on a 59-40 vote, a weak bill that
prohibits smoking in many public places and workplaces, but would allow
smoking in some restaurants, bars and casinos during times when only
people over 21 are allowed to enter. (Information obtained from: Jason
Clayworth, Bars, Some Restaurants Dropped from Smoking Ban, Des Moines
Register, March 12, 2008.)

Minnesota 
Recently, three dozen Minnesota bars took advantage of an exemption for
actors in theatrical performances in Minnesota's smokefree law by
staging so-called "theatre nights" by providing scripts and programs,
and encouraging costumes and improvisation by bar patrons who wished to
smoke.  These events continued for a few weeks before the state health
department responded in mid-March by threatening to levy large fines and
suspend liquor licenses of participating businesses. A survey by
ClearWay Minnesota showed overwhelming public support for the smokefree
law; 76 percent of state residents approve of the law. (Some information
obtained from Greg Sellnow, Bar patrons light up under 'Freedom to Act
Act', Rochester Post-Bulletin, March 1, 2008; & At one Minnesota bar,
the show's over, Associated Press, March 14, 2008.)

Pennsylvania
During March, a conference committee formed to work out differences
between the House and Senate over bills to restrict smoking in public
places and workplaces held several hearings on what legislation should
look like.  The conference committee is scheduled to meet April 1 to
discuss final legislation at which time a vote may occur.  The American
Lung Association believes that all employees, including in restaurants,
bars and casinos, should be protected from secondhand smoke. (Some
information obtained from: Richard Fellinger, Pennsylvania Smoking Ban
Goes to Committee, Evening Sun (Hanover, PA), March 18, 2008.)

South Carolina
On March 31, the South Carolina Supreme Court ruled unanimously (5-0)
that cities and towns in South Carolina are allowed to pass local
smokefree ordinances stronger than the statewide law.  This reverses a
2007 ruling from Circuit Court Judge John Few that had struck down
Greenville, South Carolina's smokefree ordinance.  Eleven cities and
counties in South Carolina, including the state capital Columbia, have
passed stronger smokefree ordinances. (Information obtained from: Cities
Can Ban Smoking, Supreme Court Rules, The State (SC), March 31, 2008.)

Connecticut
On March 13, Connecticut Attorney General Richard Blumenthal issued a
formal legal opinion saying that Connecticut's smokefree law could be
extended to the tribal casinos, Foxwoods and Mohegan Sun.  Attorney
General Blumenthal cites the compact between the state and the casinos
that requires health and safety standards at the casinos to be no less
rigorous than state law as justification for his ruling.  Bills have
already been introduced in the legislature to extend the smokefree law
to the two casinos. (Information obtained from: Stephen Singer, Attorney
General Says State Can Ban Smoking in Indian Casinos, Associated Press,
March 14, 2008.)

Ohio
On March 7, Hamilton County Common Pleas Judge Fred Nelson upheld Ohio's
comprehensive smokefree workplace law, approved by state voters in 2006,
against a court challenge.  A group of restaurant and bar owners had
claimed the law was unconstitutional and the Ohio and U.S. Constitution
gave people a right to smoke.  However, the judge rejected this
argument. (Information obtained from: Jim Provance, Smoking ban
challenge is dismissed, Toledo Blade, March 11, 2008.)

Wisconsin
On March 13, Wisconsin's state legislative session officially ended,
effectively killing smokefree legislation in both houses of Wisconsin's
legislature. The bills, SB 150 in the Senate and AB 834 in the Assembly,
would have prohibited smoking in almost all public places and
workplaces, including restaurants and bars. The main sticking point was
the effective date of legislation, as legislators sympathetic to the
Wisconsin Tavern League, one of the main opponents of the bills, wanted
to delay them from taking effect for as long as possible.  The bills
enjoyed strong public support as well as support from Gov. Jim Doyle.
(Information obtained from: Amy Olson, Politics dampers smoking ban
rally, Wausau Daily Herald (WI), March 5, 2008; Tom Schalmo, Armstrong
stresses smoke-free state, The Badger Herald (WI), March 5, 2008; & Mark
Pitch, Armstrong calls for vote on smoking ban bill, LaCrosse Tribune
(WI), March 5, 2008.)

To view your state's restrictions on smoking, go to
http://slati.lungusa.org
<http://www.kintera.org/TR.asp?a=eqLMIUNELiILK6J&s=eeJJLPMwEmKNK0J&m=nvJ
2LgMVIkK9E> , click on a state and then the "Clean Indoor Air" link.

________________________________

News on Cigarette Tax Increases

Mississippi
On March 18, a bill that would have increased the cigarette tax by $1.00
per pack died in the Senate Public Health Committee when the chairman
declined to bring it up for a vote.  The bill, which had passed the
House of Representatives earlier, would have generated enough revenue to
fill a projected deficit in the state Medicaid program.  The bill could
still be considered, but that would require a two-thirds vote of the
Senate. (Information obtained from: Bobby Harrison, Cigarette Tax Bill
Dies in Committee; Medicaid in Limbo, Northeast Mississippi Daily
Journal, March 19, 2008.) 

South Carolina
On March 31, a subcommittee of the state Senate Finance Committee
approved a 50 cent increase in the state cigarette tax. The revenue from
the increase would be used to fund tax credits to provide heath
insurance to some of the state's uninsured population. The proposal is
likely to come up for discussion in the Senate Finance Committee in the
next week, according to media reports. The House of Representatives
passed an increase of 30 cents per pack in 2007. (Information obtained
from: Jim Davenport, Senate Panel Approves Cig Tax Increase, Associated
Press, March 31, 2008.)

New York
New York's state legislature is considering a statewide cigarette tax
increase of $1.50 per pack, which would bring the total tax to $3.00 a
pack.  If approved, New York would have the highest tax in the nation.
In addition to the revenue from the increase, supporters like the
American Lung Association of New York cited goals of reducing smoking
rates and fighting lung cancer by making smoking more expensive and
inconvenient.  Both adult and youth smoking rates have decreased
dramatically in New York City since 2002, when the city levied its own
additional cigarette tax of $1.50 per pack. (Information obtained from
James M. Odato, Spitzer tax plan going up in smoke: Lawmakers attack
governor's revenue proposals and prefer raising the state levy on
cigarettes, Albany Times-Union, March 6, 2008.)

Maine
During March, House Majority Leader Hannah Pingree introduced
legislation that would raise the state's cigarette tax by 50 cents - to
a total of $2.50 a pack - and also raise the taxes on other tobacco
products.  Funds would be used to provide additional funding for Gov.
John Baldacci's health insurance plan, Dirigo Health, which covers
Maine's uninsured population. (Information obtained from: Victoria
Walleck, Hike in cigarette tax proposed to subsidize Dirigo Health
Insurance, Times Record (Brunswick, ME), March 12, 2008.)

Florida
During March, Florida State Sen. Ted Deutch and Rep. Jim Waldman
introduced legislation to increase Florida's cigarette tax by a $1.00
per pack.  Florida's current tax is 33.9 cents per pack. If passed, this
would be the state's first cigarette tax increase since 1990.  The
increase is estimated to bring in about $1 billion in revenue, which the
bill's sponsors want to use toward health-related initiatives such as
Medicaid physician reimbursement and cancer research.  Legislative
leaders in the House and Senate are lukewarm to the idea, and Gov.
Charlie Crist has said he doesn't support an increase. (Information
obtained from: John Hafenback, $1 Cigarette Tax Hike Proposed, Florida
Sun-Sentinel, March 25, 2008.)

Kentucky
On March 31, House Speaker Jody Richards announced that cigarette tax
increase is off the table as a way to raise revenue for the state budget
likely ending any chance of passing an increase this year. The House of
Representatives had passed a budget proposal earlier in March that
included an increase in the state's cigarette tax by 25 cents to a total
of 55 cents a pack. However, the state Senate balked at the idea, not
including a tax increase in its version of the budget. Gov. Steve
Beshear publicly supported a 70 cent cigarette tax increase.
(Information obtained from: Joe Biesk, Kentucky Cigarette Tax Rejected
by Lawmakers, Associated Press, March 31, 2008.)

Massachusetts
On March 4, Massachusetts House Speaker Salvatore F. DiMasi launched an
effort to raise the cigarette tax by $1.00 to a total of $2.51 a pack,
which would currently be the second-highest tax in the country. If
passed, the tax increase is expected to raise an additional $152 million
a year to pay for the state's health care reform plan. The effort comes
on the heels of a poll that found 63 percent of Massachusetts residents
favor a cigarette tax increase, including almost half of the smokers
polled.  Public support for the tax increased to 74 percent if the
revenue was used to finance health care and tobacco control programs.
(Information obtained from: Dan Ring, $1 hike in cigarette tax backed,
Springfield Republican (MA), March 5, 2008; Matt Murphy, Poll: Support
up for cigarette tax, Berkshire Eagle (MA), March 5, 2008)

For more information on tobacco taxes in your state, go to
http://slati.lungusa.org
<http://www.kintera.org/TR.asp?a=hjISI3PQJlKSIgI&s=eeJJLPMwEmKNK0J&m=nvJ
2LgMVIkK9E> , click on a state and then the "Tobacco Excise Tax" link.

________________________________

If you have questions or comments about the content in this
e-newsletter, or have questions on tobacco control policy issues, please
contact Thomas Carr, Manager, National Policy, American Lung Association
National Office, Washington, DC, at tcarr at lungusadc.org.

For the American Lung Association nearest you, contact 1-800-LUNGUSA or
visit www.lungusa.org <http://www.lungusa.org/> 

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