Clear the Air

Several bills dealing with tobacco were introduced during the first week of the 2012 Legislative Session in West Virginia. They are:

SB-24 - Forbidding tobacco sales in licensed pharmacies - Foster, Facemire - Referred to Health and Human Resources then Judiciary

SB-28 - Creating Smoke Free West Virginia Act - Foster - Referred to Health and Human Resources then Judiciary

SB-141 - Increasing penalties for tobacco use by minors - K. Facemire, Miller - Referred to Health and Human Resources then Judiciary

SB-148 - Creating Transition Program for Tobacco Farmers - K. Facemire, Williams - Referred to Agriculture then Finance

Each of these are carry-over bills from the 2011 session.

Bills are listed here for informational purposes only and no endorsement is to be implied. Clear the Air will review bills more in depth as they begin to move. To track these bills yourself visit the West Virginia Legislative website Bill Status page.

The 2nd Session of the 80th West Virginia Legislature began on Wednesday, January 11, 2012 in Charleston.

Governor Tomblin’s State of the State address to the joint House of Delegates and Senate contained, as expected, no references to tobacco control issues. The Governor’s proposed budget maintains state funding of tobacco prevention and education efforts at the same rate of $5.6 million. This amount remains only a fraction of the Centers for Disease Control and Prevention’s recommendation for West Virginia which is $27.8 million.

Governor Tomblin recommended no new taxes in his proposed budget. With regard to tobacco taxes, the Administration’s Budget Summary Section on General Revenue Fund states:

“The Tobacco Products Tax consists of a per pack tax on cigarettes and a percentage tax on the wholesale price of other tobacco products. Programs continuing to discourage tobacco usage will dampen the outlook for long-term revenue growth for this tax. However, tax rate increases that are implemented in the states surrounding West Virginia can result in short-term increases in revenue.”

This shortsighted approach to the issue of tobacco taxation in West Virginia ignores the dramatic public health impact of raising West Virginia’s tobacco excise tax.

According to the Campaign for Tobacco Free Kids , studies and experience in state after state show that higher cigarette taxes are one of the most effective ways to reduce smoking among both youth and adults. Every 10 percent increase in the price of cigarettes reduces youth smoking by about seven percent and overall cigarette consumption by about four percent.

The Coalition for a Tobacco-Free West Virginia and their partners plan on introducing legislation to increase the tobacco excise tax by $1.00 per pack to $1.55 and also increase the tax on other tobacco products (cigars, snuff, snus, etc.) to 50 percent of the wholesale price of the product.

The issue of increasing West Virginia’s tobacco excise tax is making headlines again as part of the race for Governor. The Charleston Gazette-Mail today printed responses from Democratic candidates on a host of issues, including tobacco taxes, in an article by Alison Knezevich.

According to The Gazette-Mail article:

“West Virginia has the nation’s highest smoking rate. In the past few years, some state lawmakers unsuccessfully pushed to raise the tax on cigarettes and other tobacco products in an effort to decrease tobacco usage.

Kessler and Perdue were the only candidates to say they would raise the tobacco tax, which is one of the lowest in the United States.

Kessler said he would use tobacco-tax revenues for health and anti-drug initiatives. Those would include community-based substance abuse programs, expansion of drug courts and day-report centers with random drug testing, and primary health-care centers.

With the state Medicaid rolls set to grow because of federal health-care reform, Perdue said he likely would use the money for that program, which provides health coverage for the poor and disabled.

Other candidates said they would not raise taxes at this time.”

Some may recall that Acting Senate President Jeff Kessler was co-sponsor of the Coalition for a Tobacco-Free West Virginia supported legislation to increase the tobacco tax by one dollar per pack in the 2011 legislative session.

The Primary Election for the unexpired term of Governor will be held on May 14th. You can read all of the answers by the Democratic candidates to the 10 questions posed by The Charleston Gazette here.

Please take the time to learn the candidates positions on the critical issues facing, like tobacco control efforts and health care, and make sure to vote on May 14th!

SB 362 Increasing the Tobacco Tax by $1 per pack of cigarettes is pending in Senate Finance Committee. Action is needed on Monday to ensure its passage this session!

The bill will help keep thousands of West Virginians from becoming smokers and make our state much healthier. The bill will save lives. It will also generate needed funds for public health priorities for the state.

The Coalition for a Tobacco-Free West Virginia is urging voters to call members of the Senate Finance Committee and ask them to pass SB 362.

There is the possibility that the provisions of SB 362 will be amended into SB 566 which deals with OPEB. The Coaltion for Tobacco-Free West Virginia is urging passage of the tobacco tax on its own merits as an important public health bill and feels it should not be drawn into a debate on employee and retiree benefits.

Please call the members of Senate Finance Committee and urge passage of SB-362 as it is currently written. Contact numbers for these members can be found here by clicking the members name.

The tobacco tax increase bills (HB-2973 & HB-362) are both currently pending in the House and Senate Finance Committees. In order to be considered for passage this year one of these bills needs to proceed from one of these committees by this Friday!

The American Heart Association has made it easy for you to email all of your legislators at one time and urge them to get behind this important legislation.

Click HERE to send your messages RIGHT NOW!

The House Health and Human Resources Committee on Tuesday approved HB-2973 to increase the tobacco excise tax and provide $27 million in funding to tobacco control efforts.

The committee considered, and rejected, two amendments.

The first, by Delegate Patrick Lane, would have inserted into the legislation language providing for drug testing of citizens receiving public assistance.  This amendment was debated for over an hour before being soundly rejected by the committee.

The other amendment, by Delegate Ryan Ferns, would have reduced the tax increase on cigarettes to only 40 cents. This amendment was also rejected.

The bill then passed on a roll call vote with Delegates Ferns, Border, J. Miller, Andes, Ellington, Householder, Lane, C. Miller, Pasdon and Rowan voting no.

The bill now moves to the House Finance Committee.

CNBC reports today that the Council for Citizens Against Government Waste (CCAGW) has sent Acting Governor Tomblin a letter stating:

“West Virginia legislators will soon consider Senate Bill 362 and House Bill 2973, which would raise the tax on a pack of cigarettes from 55 cents to $1.55 and the tax on smokeless tobacco from 7 percent to 50 percent of the wholesale price of each item. On behalf of the 5,894 members and supporters of the Council for Citizens Against Government Waste (CCAGW) in the state of West Virginia, I urge you to veto any bill that increases state excise taxes and instead focus your efforts on cutting wasteful and unnecessary spending from the state budget.”

However, CCAGW has recieved large amounts of funding from the tobacco industry. The St. Petersburg Times reported that CCAGW got at least $245,000 from the tobacco industry and subsequently lobbied on its behalf.

Throughout its history, CCAGW has been accused of fronting lobbying efforts of corporations to give them the appearance of “grassroots” support.

A Senate Finance Committee investigating ties between CCAGW and other non-profits and lobbyist-turned-convict Jack Abramoff in 2006 stated in a report that the groups had ”probably violated their tax-exempt status by laundering payments and then disbursing funds at Mr. Abramoff’s direction; taking payments in exchange for writing newspaper columns or press releases that put Mr. Abramoff’s clients in a favorable light; introducing Mr. Abramoff’s clients to government officials in exchange for payment; and agreeing to act as a front organization for congressional trips paid for by Mr. Abramoff’s clients.”

News of CCAGW’s letter to Acting Governor Tomblin came on the same day the Associated Press reported that Tomblin spokesperson Jacqueline Proctor said that now may not be time for a tobacco tax increase.

Please contact Acting Governor Tomblin’s office at 304-558-2000 or toll-free at 1-888-438-2731 and urge him to stand with West Virginians - not with out-of-state special interest groups - by SUPPORTING the tobacco tax increase this year.

You can also directly email Acting Governor Tomblin from here.

The West Virginia Senate Health and Human Resources Committee today passed SB-362 which calls for increasing West Virginia’s tax on tobacco by $1 per pack for cigarettes (to $1.55 per pack) and to 50% of the wholesale price for all other tobacco pruducts.

The committee amended the bill as it was introduced by changing the dedication of revenues from the increased tax, estimated to be nearly $160 million, as follows:

- $50 million a yer for the West Virginia Retiree Health Benefit Trust Fund, which funds Other Post-Employment Benefits, or OPEB;

- $40 million a year for West Virginia Medicaid;

- $6 million annually for tobacco control;

- $1 million a year for the West Virginia School of Public Health for five years;

Additional revenues would be split up, with 30 percent going to oral health improvement programs, 30 percent to substance abuse and prevention, 24 percent to in-home elderly care and 16 percent for early childhood development programming.

The bill now goes to the Senate Finance Committee for further consideration.

The House of Delegates also has under consideration a companion bill, HB-2973, which is currently awaiting action by the House Health and Human Resources Committee.

You can send an email message to all of your legislators in support of this important legislation through the American Heart Association’s “You’re the Cure” Advocacy Network by clicking here!

Legislation to increase West Virginia’s excise tax on tobacco products (SB-362) will be considered by the Senate Health and Human Resources Committee at 1pm today.

This legislation calls for increasing West Virginia’s tax on cigarettes by $1.00 per pack to $1.55 and also increase the tax on other tobacco products (cigars, snuff, snus, etc.) to 50 percent of the wholesale price of the product.

As introduced, these bills also call for dedicating $27 million to tobacco prevention and education programs as recommended for West Virginia by the Centers for Disease Control and Prevention.

According to the Campaign for Tobacco Free Kids , studies and experience in state after state show that higher cigarette taxes are one of the most effective ways to reduce smoking among both youth and adults. Every 10 percent increase in the price of cigarettes reduces youth smoking by about seven percent and overall cigarette consumption by about four percent.

Passage of the proposed increase in West Virginia would result in 19,100 young people being saved from becoming lifetime smokers, 13,100 current adult tobacco users would quit and 9,500 premature dealth from tobacco-related illnesses would be prevented.

Legislators need to hear from their constituents that they should support this legislation this year!

The tobacco tax legislation will be voted on TODAY by Health and Human Resources Committee members and it is important that you contact Senate  NOW and ask that they support SB-362.

Contact information for Senate HHR Committee members is as follows:

Senator Ron Stollings - Chair - (304) 357-7939 - ron.stollings@frontier.com

Senator Dan Foster - Vice-Chair - (304) 357-7866 - daniel.foster@camc.org

Senator Truman Chafin - (304) 357-7808 - truman.chafin@wvsenate.gov

Senator Evan Jenkins - (304) 357-7956 - evan.jenkins@wvsenate.gov

Senator William Laird - (304) 357-7849 - william.laird@wvsenate.gov

Senator Ronald Miller - (304) 357-7959 - ronald.miller@wvsenate.gov

Senator Corey Palumbo - (304) 357-7880 - corey.palumbo@wvsenate.gov

Senator Roman Prezioso - (304) 357-7961 - roman.prezioso@wvsenate.gov

Senator Gregory Tucker - (304) 357-7906 - greg.tucker@wvsenate.gov

Senator Mark Wills - (304) 357-7843 - mark.wills@wvsenate.gov

Senator Jack Yost - (304) 357-7984 - jack.yost@wvsenate.gov

Senator Donna Boley - (304) 357-7905 - donnaboley@suddenlink.net

Senator Mike Hall - (304) 357-7901 - delegate200@hotmail.com

Make your voice heard and call or email these legislators TODAY and urge their support of SB-362!

A public hearing on HB-2973, which would increase West Virginia’s tobacco tax, has been schedule for Wednesday, February 16th at 9:00 a.m.

The public hearing will offer tobacco control advocates the opportunity to express their support of a tobacco tax increase with a dedication of a portion of the revenue to tobacco control efforts in the state. The hearing will be held in the House Chamber.