MySmokersRights Summer 2006 Newsletter
(Excellent re-cap of recent, current and pending USA tobacco related legislation)The 2006 legislative session is winding down in most states as we enter the summer months. MySmokersRights members have enjoyed a relatively tax-free year, but many states have elections in the fall. Legislators are reluctant to pass taxes or restrictions in an election year for fear they may lose your vote when it really counts. What does this mean for MSR members? Be prepared for a busy tax and smoking ban year in 2007. Legislators refreshed with new terms may vote to punish smokers with new taxes or smoking bans in the hope that you'll forget how they voted when the next election rolls around. We'll try to help you remember.
Election Year
Speaking of the fall elections, 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 home page. 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
2006 has been a fairly quiet year on the cigarette tax front. As we reported in the spring newsletter, cigarette tax increases have been proposed in 23 states. That number hasn't changed, but now a total of four states have approved tax increases or are awaiting the governor's signature [amounts are per 20-pack]: Hawaii (20 cents per year for six years - $1.20 total), New Jersey (17.5 cents effective 7/15/2006), Texas ($1.00 effective 1/1/2007 - $1.41 total) and Vermont (60 cents effective 7/1/2006 and 20 cents more effective 7/1/2008 - $1.99 total).
The Hawaii legislature approved new cigarette tax increases, but due to a grammatical error the legislation was almost doomed. The legislation was supposed to impose an additional 20-cent-per-pack tax increase on cigarettes every year for the next six years with revenues going to cancer research. However, instead of 20 cents per pack (or 1 cent per cigarette), the bill's language mistakenly diverts only 1 cent per pack every year for the next six years to cancer research. The rest of the revenue will flow to the general fund. Gov. Linda Lingle allowed the tax to become law without her signature. The first 20-cent increment becomes effective on 10/1/2006 with the last 20-cents effective on 10/1/2011.
In New Jersey, Gov. John Corzine and the General Assembly finally came to an agreement on a $30.9 billion budget plan that includes a 17.5-cent-per-pack cigarette tax increase, half of the amount originally proposed. This raised the state excise tax to $2.575 per pack. Gov. Corzine had tried to raise the tax by 35 cents per pack, but partially because of the efforts of MSR members, the tax increase amount was halved. Along with the cigarette tax, the sales tax increased from 6 percent to 7 percent with half of the revenue dedicated to property-tax relief.
An anticipated 60-cent-per-pack cigarette tax increase ballot initiative in Oregon fizzled when sponsors pulled the plug on the signature gathering process. The group said the signature gathering company they hired was having trouble finding people to gather the required 75,630 signatures by the 7/7/2006 deadline. Legal challenges from the tobacco industry also delayed the start of the signature-gathering campaign.
Cigarette tax increase proposals are still pending in five states [amounts are per 20-pack]: Arizona (80-cent ballot initiative and a 2-cent initiative to pay for enforcement of a smoking ban initiative), California ($2.60 ballot initiative), Missouri (80-cent ballot initiative) and South Dakota ($1 ballot initiative). 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.
Cigarette Tax Increases Defeated in 16 States
As of today, 40 state legislatures have adjourned or did not have a regular session scheduled. Seventeen of those states proposed cigarette tax increases. Sixteen states did not pass new cigarette taxes during the regular session: Connecticut, Indiana, Iowa, Kentucky, Maryland, Minnesota, Mississippi, New Hampshire, New York, Oregon, Pennsylvania, South Carolina, Tennessee, Virginia, West Virginia and Wyoming.
Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Kansas, Louisiana, Maine, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, South Dakota, Texas, Utah, Vermont and Washington have also adjourned.
Smoking Ban Legislation Fails in 13 States
Legislation to ban or further restrict smoking has failed in 13 states, including: Alabama, Idaho, Illinois, Indiana, Iowa, Maryland, Mississippi, New Hampshire, Oklahoma, South Carolina, South Dakota, Tennessee and Virginia.
In the Spring Newsletter, we reported that Arkansas, Colorado, Hawaii, New Jersey and Utah had adopted smoking bans this year. Now that summer has arrived, we can add a few more to the list:
Illinois - Non-home rule jurisdictions were given the authority to pass smoking bans. Smoking bans passed at the county level will affect all unincorporated areas. Prior to the law's approval, only home rule municipalities could regulate smoking in public places. The law became effective immediately after Gov. Rod R. Blagojevich signed the bill on 6/26.
Louisiana - The legislature has adopted new statewide smoking ban legislation that forbids smoking in most indoor public places including restaurants. Free-standing bars and casinos are exempt. Gov. Blanco signed the bill into law and it will take effect on 1/1/2007.
Maine - Now for some good news. Legislation was signed into law that allows smoking in qualifying private clubs if a majority of the voting members of the club decide to allow smoking within the facility. Qualifying businesses must have been in operation prior to 1/1/2004. Qualifying clubs must hold a vote before 8/1/2006 to receive the exemption.
Ballot Initiatives:
Arizona - In November, Grand Canyon Staters may have the opportunity to vote on two ballot initiatives regarding smoking bans in public places. The Arizona Non-Smoker Protection initiative supported by R.J. Reynolds and the Arizona Licensed Beverage Association would exempt bars and tobacco shops from a statewide smoking ban in public places. A competing ballot measure pushed by the Smoke-Free Arizona group would ban smoking in most indoor public places including restaurants and bars. If you're interested in volunteering to continue to allow smoking in bars and tobacco shops, you should call the hotline at 602-385-0471. You can also e-mail questions to info@protectnonsmokers.com. Arizona MSR members should be prepared to go to the polls on 11/7/2006 and vote YES on the Arizona Non-Smoker Protection initiative. Conversely, a NO vote on the Smoke-Free Arizona initiative will help protect your rights.
Ohio - As we mentioned in the Spring Newsletter, MSR members may be facing two smoking ban ballot initiatives in November. Smoke Less Ohio has begun a campaign to gather signatures to put a reasonable smoking ban question on the ballot. The initiative 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 cities 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 Smoke Less Ohio's proposed language. 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 Smoke Less Ohio's reasonable smoking restrictions instead of casting a NO vote on both.
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.
Local Issues:
Carmel, IN - On 6/19, City Council members voted 4-3 against a proposal to extend the city's smoking ban to restaurants and taverns. The city's new regulations just took effect on 3/5 and exempt taverns that do not allow patrons younger than 21 to enter. Advocates of expanding the ban said the change is needed to protect more workers from secondhand smoke. Council President Rick Sharp said, "The city can have four or five smoking places without putting the health of the community at risk. This borders on ridiculous."
Johnson County, IN - On 6/19, the County Commissioners rejected a smoking ban proposal for all indoor public places, including restaurants and bars, when they refused to second a motion to approve the ban. Commissioner R.J. McConnell said it's not the county government's role to enact such a restriction. Commissioners prefer to leave such decisions to state lawmakers. McConnell met with ban supporters after the meeting to discuss sending a letter to Gov. Daniels asking for a statewide push on the smoking ban.
Philadelphia, PA - On 6/15, the City Council surprised many when they voted 9-6 to ban smoking in most indoor public places including restaurants and bars. The latest version of the ban allows taverns and private clubs to apply for a waiver if at least 90 percent of their revenue comes from the sale of alcohol. The bill still didn't have the votes to pass until lawmakers agreed to support a bill that would make the waivers permanent with the effective date of 1/8/2007. Sidewalk cafes, cigar bars and tobacco shops are also exempt. In 2005 about 1,500 of the city's 1,950 licensed establishments had Sunday-sales permits, which require bars to earn more than 30 percent of their income from selling food or nonalcoholic drinks. None of those bars could allow smoking under the current language. Voting for the bill with Councilman Nutter were Darrell Clarke, Frank DiCicco, Wilson Goode Jr., James Kenney, Donna Miller, Juan Ramos, Blondell Reynolds Brown and Marian Tasco. Voting against were Council President Anna Verna, Jannie Blackwell, Joan Krajewski, Brian O'Neill, Jack Kelly and Frank Rizzo. Mayor Street has until late summer to sign or veto the bill.
Cheyenne, WY - On 6/12, the City Council voted 8-2 in favor of new regulations that ban smoking in all indoor public places, including restaurants and bars beginning 8/15/2006. The ordinance was amended to exempt tobacco shops, but an attempt to exempt private clubs that create special smoking sections was defeated. The Cheyenne Coalition for Citizens' Rights has filed a petition to place the issue on the 11/7/2006 ballot in hopes that the ban will be defeated by the voters. The group recently submitted 3,400 signatures to election officials for approval but need 2,676 valid signatures to make the ballot.
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 is one of the latest additions:
Oceanside CA - In addition to the recent spate of outdoor smoking bans in California, city officials in Oceanside are considering a ban on smoking in public places that could prevent boaters from smoking aboard their own vessels while in the harbor. Councilwoman Shari Mackin is leading the charge with the intention of banning smoking in parks, beaches, the harbor-side and other public places within the city. MSR members in California should contact their council members to protest this proposal.
On 7/19/2006, the Marriott International Inc. hotel chain announced that it is banning smoking in all of its nearly 2,500 hotels in the United States and Canada. The policy will become effective in September and will not only include the rooms, but all restaurants and bars within the hotels. Violators could face room cleaning fees as much as $200 to $300.
Continue to Spread the Word about MySmokersRights
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.
R.J. Reynolds Tobacco Company
