MySmokersRights Spring 2006 Newsletter

(Excellent re-cap of recent, current and pending USA tobacco related legislation)

We have arrived at the midpoint of spring 2006, and aside from a couple of setbacks, it has been a banner year so far for MySmokersRights members. Our membership continues to grow, as does our determination to protect smokers' rights. Keep up the great work, everyone.

Election Year

2006 is an election year, which means many MySmokersRights (MSR) members will be heading to the polls to elect new officials or vote on important ballot initiatives. Whether or not a cigarette tax increase or a smoking ban is on the ballot in your area, MySmokersRights encourages you to go to the polls and perform your civic duty. If you are not a registered voter, we encourage you to register immediately. Click on the link or visit www.MySmokersRights.com and click on the "Register to Vote" banner at the top of the homepage. After just four simple steps, you'll be a registered voter who can participate in the election process. It is your right, your privilege, and your responsibility as an American and as a smoker - PLEASE REGISTER NOW, as different states have different deadlines for registering. THEN, VOTE.

Cigarette Tax Increase Legislation

So far this year, cigarette tax increases have been proposed in 23 states, but only one state has adopted a cigarette tax increase. The Hawaii legislature approved an annual 20-cent per pack tax increase for the next six years. The current tax is $1.40 per pack. At the end of six years, smokers in Hawaii will have to pay $2.60 per pack in state excise taxes alone. Yikes! Be prepared for the legislature to try and accelerate that increase over the next few years.

Cigarette tax increase proposals have been defeated in nine states including [amounts are per 20-pack]: Connecticut (unspecified amount), Indiana (25 cents), Iowa ($2), Kentucky (45 cents), Maryland ($1), Mississippi ($1), Virginia (50 cents), West Virginia ($1) and Wyoming (40 cents).

Cigarette tax bills are still pending in 15 states, including: Arizona (80-cent ballot initiative), California ($2.60 ballot initiative), Delaware (19 cents proposed by governor), Minnesota ($1), Missouri (80 cents), New Hampshire (still in session), New Jersey (35 cents), New York ($1), Oregon (60-cent ballot initiative), South Carolina (amount unknown), South Dakota ($1 ballot initiative), Tennessee (71.7 cents), Texas ($1), Vermont (81 cents). Bear in mind that in some states, multiple bills and/or ballot initiatives are being considered; the amounts listed are the highest being considered. If the situation in any of these states becomes critical, MySmokersRights will notify our membership and encourage you to take action. So, keep an eye out for any MSR updates.

Alabama, Florida, Georgia, Idaho, Illinois, Nebraska, New Mexico, South Dakota, Utah and Washington have adjourned without new cigarette tax increases. For more information on state legislative calendars, visit the MultiState Legislative Session Deadlines Web page.

Smoking Ban Legislation

Legislation to ban or further restrict smoking has failed in 10 states, including: Alabama, Idaho, Illinois, Indiana, Iowa, Maine, Maryland, Mississippi, New Hampshire and Virginia.

Unfortunately, five states have adopted new smoking bans so far this year. MySmokersRights members were very active in all of these fights. This is what you are facing:

Arkansas - Beginning July 21, 2006, smoking will be banned in most indoor public places, including restaurants and bars. Businesses that do not allow patrons or employees under 21 years of age to enter may allow smoking.

Colorado - Smoking will be banned in most indoor public places, including restaurants and bars beginning July 1, 2006. Casino floors, the Denver International Airport smoking lounge, cigar bars and smoke shops are exempt.

Hawaii - The new law prohibits smoking in all public places including bars, restaurants (even open air restaurants), office buildings and any place workers would be affected by smoke beginning November 16, 2006. Gov. Linda Lingle is expected to sign the bill into law.

New Jersey - As of April 15, 2006, smoking was banned in most indoor public places, including all bars and restaurants, but exempts Atlantic City casinos. An attempt was made to expand the ban outdoors to cover areas within 25 feet from an indoor public place or workplace. That change, which Assemblyman Kevin O'Toole (R-Passaic) called, "bone-headed ," failed to pass.

Utah - The new law extends the existing statewide smoking regulations to include bars and taverns. Private clubs and taverns must ban smoking beginning January 1, 2009. Fraternal organizations, country clubs and private restaurants must ban smoking beginning January 1, 2007.

Ohio MSR members may be facing two smoking ban ballot initiatives in November. The Ohio Licensed Beverage Association (OLBA) has begun a campaign to gather signatures to put on the ballot a reasonable smoking ban question that would restrict smoking in restaurant dining rooms, but would exempt the bar area, free-standing bars and bowling alleys. The language would also preempt local ordinances that have already passed in several cites and require them to adopt the more relaxed smoking ban language. R.J. Reynolds is proud to be part of this effort and we hope that Ohio MSR members will support the OLBA's proposed language. As our Ohio MSR members know, the SmokeFreeOhio group is also attempting to put a question on the ballot, but their proposal would completely ban smoking in all indoor public places, including restaurants, bars and bowling alleys. If both proposals appear on the ballot and pass, the one with the most YES votes will take effect. That's why it's important that Ohio residents who support smokers' rights vote in favor of reasonable smoking restrictions instead of casting a NO vote on both.

Other states still considering smoking bans include: Arizona (ballot initiative), Louisiana, Oklahoma, South Carolina, Tennessee.

As with cigarette tax increases, if the situation in any of these states becomes more critical, MySmokersRights will notify our membership and encourage you to take action.

The Flagrant File

The Flagrant File is a collection of particularly unreasonable or outrageous anti-smoking laws and legislation designed to destroy the rights of smokers. Here are some of the latest additions:

Calabasas, CA - On February 1, 2006, the city council adopted the most egregious smoking ban in the nation when they voted unanimously to ban smoking in all outdoor places, including sidewalks, streets, parking lots and bus stops. Employers may set up "smoker outposts" in parking lots or the like. Smokers can only smoke when no one else is around or expected, or at their own home or in their own car. Violators of the ban could pay a fine of up to $500, while repeat offenders could face jail time. The ban went into effect on March 17. For more information, visit the city's Web site.

Missouri - Beginning September 1, 2006, new rules instituted by officials of the University of Missouri Health Care will prohibit smoking on all property owned by the hospitals, including green space, parking lots and even in your own car if it is on hospital property. The law will affect all employees, patients, visitors - everyone. What's more, MU Health employees can be reprimanded for smelling like tobacco smoke. MU Health includes University Hospital, Columbia Regional Hospital and Ellis Fischel Cancer Center, as well as several clinics. Laura Schopp, wellness coordinator for MU Health, defended the measure saying, "We have people with respiratory illnesses in here and people in the hospital who are trying to quit themselves, and for some people, the smell of smoke is a trigger for cravings."

MySmokersRights promises to continue to keep you informed of issues affecting adult smokers. If you have friends or family members concerned about smokers' rights, tell them about MySmokersRights.com and encourage them to visit and join. The more our membership grows, the better our chances of defeating unfair smoking laws and taxes across the nation. So, contact your adult friends and family who smoke, wherever they may be, and tell them about the successes of MySmokersRights. 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 or all of your legislators on any issue at any time.

Thank you for using MySmokersRights to protect the rights of adult smokers.

R.J. Reynolds Tobacco Company




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The Smoker's Club, Inc.