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| A Governor Takes a Wrong Turn |
By. J. Glynn Loope, Executive Director
Cigar Rights of America
With the flurry of legislation revolving over two dozen state capitols, we often worry about the precedent being set in one state that could have an impact on another. There are progressive, pro-cigar legislative models that have been introduced this year, and some that are completely disastrous. Our concern remains that in politics, bad legislation and concepts have a way of spreading to other states.
That’s why we are especially concerned about Wisconsin. Republican Governor Scott Walker has proposed a $50 per month “fee” for state employees that smoke, as a surcharge on their health insurance. Also alarming, is that there are similar provisions in the new federal health care law that would allow insurance companies to charge smokers up to 50% more than non-smokers for their premiums. It is social engineering at its worst.
To demonstrate how bad ideas spread, nine other states have similar policies penalizing those that simply want to enjoy a cigar. Testing for nicotine in the same fashion as illegal narcotics is a practice we can not tolerate nor accept in this nation. |
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| But we have to say, we’re not surprised about Wisconsin’s Governor, Scott Walker. In July 2010, Scott Walker, who was Milwaukee County Executive at the time, issued a release as he was in a heated contest for his party nomination, against the Wisconsin smoking ban.
Walker stated, “I don’t think the government should have been involved in a smoking ban in the first place, and as governor, I would sign a repeal of this law.” He was seeking to ‘out-conservative’ the conservative, as he was running against U.S. Representative Mark Neumann, who had already been on record as supporting a repeal of the state’s smoking ban, after it had only been law for four days.
Walker wins the nomination, and goes on to win the Governor’s Office. Flash forward to June 30, 2011. Governor Walker states regarding the Wisconsin state smoking ban, “It is obvious to me that it works. Therefore I will not support a repeal.” Flip-flop politics, once again.
In an open letter to Governor Walker, owner of Titletown Tobacco in Green Bay, Luke Russell, stated: “My colleagues and I have supported you in your election and recall election…We believed you supported businesses and defended individual rights. Therefore, it is with sorrow, frustration and confusion that I write this.” Mr. Russell continues, “…the issue at stake here is not smoking, it’s individual rights. The last time I checked, smoking is legal, which makes this proposal an affront to individual liberties…Governor Walker, Wisconsin is not a nanny state. Don’t make it one now. Light up a cigar, and relax.” Well said.
Cigars and protecting the ability to enjoy cigars is not a partisan issue. We have many friends on both sides of the aisle in Congress, and in your state capitol. Make your voice heard. Don’t let proposals like this from Governor Walker of Wisconsin creep into your state or local government.
Wisconsin CRA member Mike Cmeyla of Jackson, WI launched a great on-line petition regarding the Wisconsin smoking ban. CLICK HERE to sign the peition.
CRA is letting Governor Walker know of our opposition to his budget proposal. |
| H.R. 792 Advances in the U.S. House of Representatives |
With each passing week since being filed on February 15, H.R. 792 gains strength in Congress, sending a clear message to the FDA: This government has higher priorities than regulating cigars!
Now, thirty-eight members of the U.S. House of Representatives from nineteen states have come together joining the bi-partisan support of Rep. Bill Posey, R-Florida, and Rep. Kathy Castor, D-Florida.
Members of Congress from Florida, Oklahoma, West Virginia, Minnesota, California, Missouri, Georgia, Arkansas, Michigan, Texas, Iowa, Nevada, North Carolina, Colorado, Tennessee, Virginia, Kentucky, Wisconsin, Kansas, along with Representative Madeleine Bordallo of Guam, have already signed on the line, telling the FDA to stay out of your home and shop humidor.
TAKE ACTION
Call and email your member of Congress, today. Tell them to co-sponsor H.R. 792! |
| Update from the States |
Maryland
HB 683 and SB 700 would raise the OTP on cigars in Maryland from 30% to 95%, for cigars with a wholesale price of less than $20 taxed at 95% or $3 cap. This is a ridiculous tax proposal that also must be defeated.
Minnesota
The State of Minnesota has arguably, one of the worst cigar tax pieces of legislation pending in the nation. HF 91 would raise the Other Tobacco Products tax on cigars, from 70% to 90% of wholesale price. This bill must be defeated.
New Mexico
H.B. 428 proposes that the cigar tax in New Mexico be increased from 25% to 53%. This type of regressive legislation, that only harms nearly a dozen New Mexico small businesses, must be defeated in the House Tax & Revenue Committee.
Kentucky
H.B. 142 & H.B.388 would raise the OTP on cigars from 15% to 40% of the wholesale price.
Nebraska
LB 439 would increase the OTP from 20% to 31%.
Oregon
HB 2481, HB 2870 and SB 119 would allow Oregon local governments to impose their own levels of tobacco taxation.
Illinois
Representative Andre Thapedi has introduced some progressive legislation that we hope advances in the 2013 session of the Illinois legislature. HB 171 would amend the Smoke Free Illinois Act and allow for smoking in gaming facilities. Likewise, Representative Daniel Burke has introduced HB 1965, allowing for the same. Also in Illinois, we OPPOSE HB 2873, that would allow home rule municipalities to impose local tobacco taxes, and we will be monitoring HB 1335, under the umbrella of the Tobacco Use Prevention Act. We SUPPORT HB 3551 in Illinois by Representative Rita Mayfield that would remove “private clubs” under the definition of “public space,” and hence an exemption to the Illinois Smoke Free Act. This is a model piece of legislation for others!
Maine
For the first time in CRA’s short history, we get to SUPPORT a bill in Maine! Senator James Hamper has introduced ME LD 22 as An Act to Promote Equity in Business Opportunity for Tobacco Specialty Stores (another great national model piece of legislation.) Under existing Maine statutes, only those specialty tobacco stores in business prior to January 1, 2007 could have food and drink. LD 22 would remove that “prohibition” [their word] and allow for the issuance of new licenses. Outstanding!
Pennsylvania
Senator Stewart Greenleaf has introduced SB 80, which we OPPOSE, as it would “further prohibit smoking,” by attempting to close most areas for exemption under statewide statute, and empower local governments to pass more restrictive measures on smoking.
South Carolina
We OPPOSE H 3344 by Representative B.R. Skelton that would expand their Clean Indoor Air Act, promoting a statewide smoking ban.
New Jersey
No shortage of activity in New Jersey. We OPPOSE NJ A 343 and S 1795 and 1797 that would eliminate the smoking exemption for casinos and simulcast gaming facilities. We also OPPOSE the basket of smoking ban bills for outdoor parks and related locations, engulfed in NJ A 346, 418, 987, and S 144, 1249 and 1268. We also OPPOSE S 2214 that would ban the sale of flavored cigars in New Jersey, and OPPOSE S 1797 by Senator Shirley Turner, that would regulate smoking in your home.
HOWEVER, there is a silver lining in New Jersey. Senator Jennifer Beck has introduced S 1577 that would “Create a Cigar Night Smoking Exemption” for racetracks and off-track waging facilities. A wonderful bill to SUPPORT.
Smoking Ban Update from the States
Join us in helping to defeat statewide smoking ban legislation in Kentucky (HB 190), Alabama (SB 195 and HB 258), Indiana (HB 1128), Iowa (HF 297, 411 & 113), Missouri (SB 201) and Texas (H.B. 400 and SB 86). |
| FLORIDA OUTDOOR SMOKING BAN BILL: IT HAS TO BE STOPPED – NOW. |
The Florida Senate Health Policy Committee passed SB 258 on a 6-3 vote that would allow for local government outdoor smoking bans, as did the Senate Regulated Industries Committee, by a unanimous 10-0 vote, advancing the same bill. It must be stopped. Now.
There are 283 cities within 67 counties in Florida, in addition to hundreds of towns and villages with municipal charters. The thought of creating such a quilt of ordinances and regulations on the cigar consumers and tourists of Florida, is ridiculous. This is nothing more than nanny-state pandering to a collection of local governments clamoring to regulate another part of your life, and a foundation of the Florida economy and culture.
Florida State Senator Charlie Dean, R-Iverness, and Senator Alan Hayes, R-Umatilla are the chief sponsors of SB 258. Joining them in the Florida House of Representatives with HB 439, which would also allow local government smoking bans in Florida, is Representative Rob Bradley, R-Orange Park.
These legislators need to learn what cigars mean to the Florida economy, with over 200 premium cigar establishments, cigar company corporate offices, and dozens of cigar themed outdoor festivals that stimulate local economies.
TODAY, call and email your members of the Florida legislature. Tell them to defeat SB 258 and SB 439. Tell them you’ll remember, on Election Day. |
| California Considers Assault on Property Rights! |
Once again, you can’t take your eye off of California, and what happens here, can spread to a community and a state near you. Assemblyman Marc Levine has initiated CA AB 746 that would ban smoking in private residences, within multi-family housing. It is a direct assault on property rights, and must be stopped. |
| Progressive Smoking Legislation in the State of Washington and Kansas! |
SUPPORT H.B. 1750 in the State of Washington! Let’s work together to get the simple enjoyment of a great cigar back into Washington cigar shops and lounges! Call and email your legislators in Olympia!
SUPPORT H.B. 2219 in the State of Kansas! This legislation would allow smoking back into select private businesses that meet certain (reasonable) criteria. A step in the right direction, and a potential model for others. |
| Additional Regulations Proposed in Texas and Oklahoma |
CRA opposes S.B. 313 in Texas that would increase the legal age to purchase tobacco to 21, and H.B. 1970 in Oklahoma that would increase the legal age to purchase tobacco to 19. The legal ability to vote and serve in our nation’s military, should entitle you to have a cigar. |
| TAKE ACTION: Help Exempt Premium Cigars From FDA Regulation! |
H.R. 792 - Traditional Cigar Manufacturing and Small Business Jobs Preservation Act
Between April 26, 2010 and December 21, 2012 the U.S. Food & Drug Administration publicly posted their intent to deem cigars as subject to federal regulation. Therefore, it's incumbent upon the cigar enthusiasts of the United States to voice their opposition to any proposed new regulation of premium/traditional cigars by the United States Government.
Some of the measures FDA could consider, as we believe they are, include:
- Ban on walk-in humidors, self serve cigar displays, and mail-order cigar sales;
- Ban on all flavored cigars, that are enjoyed by legal-age adults;
- Deface ornate, decorative cigar boxes, often considered an art form with grotesque images;
- Ban on cigar events where free cigars (samples) could be available to legal-age adults;
- Limits on cigar marketing and advertising;
- Imposition of new ‘user fees' [tax] on cigars, to finance regulations;
- Limits on special release and small-batch cigars, due to mandates that cigar blends be submitted to FDA for pre-approval before release;
- Limits on nicotine levels on cigars to near zero, severely impacting the flavor of cigars;
- Ban on marketing cigar merchandise.
We urge you to easily take action now by clicking the button below!
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