Cigar Politics 2011 - Update from the States.
There's Much to Do...This Isn’t Over.
 
By J. Glynn Loope, CRA Executive Director

We are almost to the mid-way point for many state legislatures and closer to the end for some. For Cigar Nation, like that 1966 film, it can be characterized as the movie title “The Good. The Bad, and the Ugly” – Where Clint Eastwood smoked a lot of cigars.

More status reports will be flowing in the coming days and weeks, but we wanted to give you a review of some significant recent actions at the state level. Cigar Rights of America is currently tracking over 67 pieces of legislation in 31 states. Each one is important, and good legislation can become bad – very quickly. However, here are some significant milestones:

 
The Good

Alabama

The Alabama House Health Committee stalled the efforts of Representative Mary Sue McClurkin, R-Pelham, to initiate a statewide smoking ban, with no exemptions. Although Representative McClurkin said she was trying to alter her bill to get a second hearing, we hope the committee's sentiments sent a message.


Arkansas

You have to appreciate any legislation that has the language in it that says, “Encouraging in-state purchase of certain tobacco products.” That's HB 1956 that has now passed the Arkansas House of Representatives, and has been assigned to the Arkansas Senate Committee on Revenue and Taxation. In the wake of a horrid tax increase a couple of years ago, this legislation will bring relief to your Arkansas community tobacconist, and for the cigar enthusiasts of Arkansas. CRA commends Representative David Sanders, R-Little Rock, and Representative Andrea Lea, R-Russellville, for serving as sponsors for this legislation. If you're in Arkansas, send a message of support for HB 1956 to the Committee, and your member of the Arkansas Senate.

Senate Committee on Revenue and Taxation
Arkansas Senate



Maryland

Through the outstanding efforts of the Premium Cigar Retailers Association of Maryland, International Premium Cigar & Pipe Retailers Association, Cigar Association of America and the CRA Maryland members that contacted their legislators, the proposed (and drastic) tax increase on cigars, that would have raised the state tax to 90%, appears to be defeated for the year. The Senate Budget & Taxation Committee issued an unfavorable report on SB 654, and the matter seems to be put to rest – for awhile.


Mississippi and West Virginia

All efforts to implement a statewide smoking ban and OTP tax increase on cigars in Mississippi and West Virginia seem to be defeated for the year.


New York

The effort to get a $1 tax cap on premium cigars in New York got a boost when the language was included in the recent version of the Senate budget. This will provide great relief to patrons and professional retail tobacconists from the state's onerous 75% OTP, initiated under former Governor Paterson. We're hoping that the Assembly and Governor Cuomo agree with the New York Senate.


Virginia

All ten filed bills that would have expanded the state smoking restrictions and increased taxes on cigars, were defeated in committee. CRA commends the Cigar Association of Virginia and the CRA Virginia members that contacted their legislators.

The Bad (But with your help, good chances for success!)


Indiana

The effort to implement a statewide smoking ban in Indiana needs to be defeated for the year. The House has adopted a version, and the amendment process has (appropriately) confused the intent of the legislation. The Senate needs to defeat the bill. Now. If you live in Indiana, contact your member of the Senate, and tell them – No Statewide Smoking Ban in Indiana!

Indiana House of Representatives
Indiana Senate


South Carolina

South Carolina's House and Senate also need to quickly defeat the proposed three versions of a new statewide smoking ban, and adjourn. Contact your member of the House and Senate and tell them – No Statewide Smoking Ban in South Carolina!

South Carolina House of Representatives
South Carolina Senate


Texas

The Texas legislature keeps flirting with a statewide smoking ban, and negotiations have been taking place for weeks. It needs to be defeated, outright, and go away for the year. Contact your member of the Texas legislature and tell them – No Statewide Smoking Ban in Texas!

Texas House of Representatives
Texas Senate


Kentucky

The efforts to implement a statewide smoking ban AND raise the OTP tax on cigars in The Bluegrass State remain alive. The legislature will adjourn soon, and no one needs any “11th hour maneuvers” to sneak in a smoking ban, or this tax increase. Contact your member of the Kentucky legislature. Send them a message – “No New Cigar Taxes, or Telling Me Where I Can Smoke 'em!”

Kentucky House of Representatives
Kentucky Senate

The Ugly

California

The very size of the California cigar market, number of premium retail tobacconist, and the patrons they serve demands that SB 575 be defeated in the California legislature. As we have noted, it would close all existing exemptions to the statewide slate of smoking restrictions, but of specific concern is the exemption for premium cigar shops. Please Sign the CRA petition. Send a message to the Senate Labor & Industrial Relations Committee.

Also in California, we are monitoring a serious effort to raise state tobacco taxes that could result in a 70% + tax on cigars. It's a moving target at the moment, but there will be more to report next week.

California Assembly and Senate (search by zip code)


Connecticut

The effort to raise the tax on cigars in Connecticut needs to be defeated. Governor Dannel Malloy's effort to raise $1.5 billion in new taxes on everything from yoga sessions and car washes - to cigars, will bring new burdens on the cigar enthusiasts of Connecticut, and apparently all taxpayers in the state. Contact your member of the legislature. Send them a message – No New Cigar Taxes in Connecticut!


Please Take A Moment To Sign The CRA Petitions
 
State Release Date Subject
California 2011-3-11 Proposal to Expand the Prohibition on Smoking Statewide in a Place of Employment
(PetitionID: California001)
New Mexico 2011-1-26 For New Mexico Residents Only.
Proposal For A 114% Increase In Taxes On Cigars
(PetitionID: NewMexico001)
Minnesota 2011-1-26 For Minnesota Residents Only.
Proposal to ALLOW smoking in public places
(PetitionID: Minnesota001)
Florida 2011-1-25 For Florida Residents Only.
Proposal To Allow Local Government To Legislate Smoking
(PetitionID: Florida001)
Minnesota 2010-11-04 Proposal To Ban Tobacco Sampling At Retail Tobacco Shops
(PetitionID: MinneapolisMN001)

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CRA Needs Your Help!

In order to be successful in our fight to enjoy cigars without the threat of smoking bans and high taxation, CRA needs your help. Please consider partnering with CRA through two important methods:

Membership
There is strength in numbers! The more members CRA has, the greater voice we have at all levels of legislature. Please help CRA by asking your fellow cigar enthusiasts to join CRA today! Membership starts as low as $35/year.

Donate
Our fight around the country is very expensive. We would like to ask all CRA members and cigar enthusiasts to consider making a donation to CRA in any amount you choose.