State Legislated Actions on Tobacco Issues: 2007 Improving Life, One Breath at a Time 1-800-LUNGUSA
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T OBACCO P OLICY P ROJECT State Legislated Actions on Tobacco Issues: 2007 www.lungusa.org Improving Life, One Breath at a Time 1-800-LUNGUSA Foreword 2007 Passed Legislation– State Pages Summarizes major accomplish- by Issue Provides summaries of ments in state tobacco control Outlines relevant tobacco tobacco control laws with policy during 2007. control legislation passed in code/statute citations in each state and the District of effect in each state and the SLATI Overview Columbia in 2007 by issue. District of Columbia as of Gives a synopsis of current January 1, 2008. tobacco control laws in all 2007 Passed Legislation– 50 states and the District of by State Appendices Columbia as of January 1, Lists relevant tobacco control leg- Condenses certain information 2008 of each category islation passed in each state and presented in SLATI into nine tracked in SLATI. the District of Columbia in 2007. charts and maps. Acknowledgments State Legislated Actions On Tobacco Issues (SLATI), 19th Edition, 2007, was researched and written by the American Lung Association Government Relations Office. Thomas Carr, Manager, National Policy, wrote and edited the report. Josephine Ceselski, Manager, National Advocacy; Erika Sward, Director, National Advocacy; and Paul Billings, Vice President, National Policy and Advocacy helped review the report. Jean Haldorsen, Assistant Director, Production, assisted in the production of the report. American Lung Association field offices and their staff provided valuable information for and review of the report. Many others patiently answered requests for documents and information. The American Lung Association assumes sole responsibility for the content of the 19th edition of SLATI. This report is supported by a grant from the Robert Wood Johnson Foundation in Princeton, New Jersey. Disclaimer State Legislated Actions On Tobacco Issues, 19th Edition 2007 is strictly for informational purposes and does not constitute legal services or representation. For legal advice, a practicing attorney who has a thorough knowledge of the current law in the state or locality and who is informed about all the relevant details of the situation should be consulted. The American Lung Association does not guarantee the accuracy of the contents of this book. Laws change, often quite rapidly, and interpretations of statutes may vary from court to court. Legislation may have been introduced or acted upon, or cases decided, after this book went to press. The cut-off date for new laws to be considered was January 1, 2008. The American Lung Association hereby specifically disclaims any liability for loss incurred as a consequence of the use of any material in this book. American Lung Association American Lung Association Washington National Office New York National Office 1301 Penn. Ave., NW, Suite 800 61 Broadway, 6th Floor Washington, DC 20004-1725 New York, NY 10006 Phone: (202) 785-3355 Phone: (212) 315-8700 Fax: (202) 452-1805 Fax: (212) 315-8870 www.lungusa.org www.lungusa.org Designed by Our Designs, Inc., Nashville, TN Copyright © 2008 by the American Lung Association American Lung Association is a registered trademark. Improving Life, One Breath at a Time 2 www.lungusa.org 800-LUNG-USA Foreword tate Legislated Actions on Tobacco Issues Maryland and Wisconsin—increased by $1.00 per (SLATI) 2007 is the American Lung pack. Alaska and Hawaii also implemented scheduled SAssociation’s comprehensive annual compen- increases passed in previous years. The average state dium of state tobacco control laws. It provides in- cigarette tax stands at $1.11 per pack as of January 1, formation on state tobacco control laws in a number 2008—an increase of 11 cents since January 1, 2007, of different areas, including smokefree air, tobacco and a dramatic increase from only $0.446 per pack on taxes, youth access laws and funding for state to- January 1, 2002. bacco prevention programs as of January 1, 2008. SLATI has been published every year since 1988 and New Jersey continued to have the top cigarette exclusively by the American Lung Association since tax rate in the country at $2.575 per pack. Nine 1996. The report is the only resource of its kind in states—Alaska, Arizona, Connecticut, Maine, tobacco control today—summarizing state tobacco Maryland, Michigan, New Jersey, Rhode Island and control laws on an annual basis. A midterm report Washington—have a cigarette tax of $2.00 or higher detailing state activity on tobacco control issues in and 25 states and the District of Columbia have taxes 3 2008 to date will be released in July. of $1.00 or more. South Carolina has the lowest ciga- rette tax in the country at $0.07 per pack. Chicago, IL has the highest combined state and local cigarette tax Highlights of 2007: at $3.66 per pack. Smokefree Air: Five states—Illinois, Maryland, Higher cigarette taxes keep children from starting Minnesota, New Mexico and Oregon—approved leg- to smoke, motivate adults to stop and reduce future islation that will prohibit smoking in almost all public tobacco-related health care costs.4 For instance, places and workplaces, including restaurants and bars. Rhode Island’s cigarette tax increased from 71 cents These states join 16 other states1 and the District of in 2001 to $2.46 in 2005, and their high school smok- Columbia that have already met the American Lung ing rate has decreased from 24.8 percent in 2001 to Association’s Smokefree Air 2010 Challenge and ap- 15.9 percent in 2005, one of the lowest in the country.5 proved comprehensive smokefree air laws. Laws in Cigarette tax increases also raise revenue, a portion 17 states2 and the District of Columbia had taken of which can and should be used to fund tobacco full effect as of January 1, 2008. In January 2006, the control and prevention programs. Seven states— American Lung Association issued its Smokefree Air Arizona, California, Colorado, Michigan, New Jersey, 2010 Challenge, which calls on all states to pass com- Oregon and South Dakota—are funding their entire prehensive smokefree laws no later than 2010. tobacco prevention and control programs through cigarette excise tax revenues in FY2008. And six more Tennessee also became the first traditional tobacco- states—Idaho, Iowa, Louisiana, Oklahoma, Utah and growing state to pass a strong law prohibiting smoking Washington—use cigarette tax revenue to partially in many public places and workplaces; however, the fund their programs. law is not comprehensive because it contains several exemptions. New Hampshire approved legislation Tobacco Control Program Funding: A number of prohibiting smoking in restaurants and bars, but states increased funding for tobacco control pro- smoking is still allowed in many other public places grams in FY2008 (July 1, 2007 to June 30, 2008 for and workplaces. Colorado and Idaho also closed most states). Florida significantly increased its fund- loopholes in their respective state laws for casinos and ing for tobacco control program from $5.6 million bowling alleys. in FY2007 to $58 million in FY2008 due largely to a constitutional amendment that requires 15 percent of Tobacco Excise Taxes: Eight states—Connecticut, tobacco settlement proceeds each year be dedicated Delaware, Indiana, Iowa, Maryland, New Hampshire, to these programs. Tennessee allocated $10 million Tennessee and Wisconsin—approved laws increas- for tobacco control programs after providing virtually ing their cigarette taxes; taxes in three states—Iowa, no state money for such a program in previous years. American Lung Association State Legislated Actions on Tobacco Issues: 2007 3 Alaska, Indiana, Iowa, Massachusetts, Mississippi, by the CDC.7 The President’s Cancer Panel report, Montana, New Hampshire, Oklahoma, Oregon, South Promoting Healthy Lifestyles: Policy, Program and Dakota and Wisconsin also increased funding for Personal Recommendations for Reducing Cancer Risk, their programs. Connecticut is spending no new state makes similar recommendations for states indicating money on tobacco control and prevention programs in the consensus that exists on the effectiveness of these FY2008. policies.8 Evidence shows that tobacco prevention programs Fire-Safety Standards: In 2007, 16 more states9 passed are a wise investment for states. A study published laws requiring fire safety standards for cigarettes, in the February 2005 issue of the American Journal to help prevent cigarette-caused fires. They join the of Public Health found that if all states spent just the six other states—California, Illinois, Massachusetts, CDC-recommended minimum on tobacco control New Hampshire, New York and Vermont—that have programs, youth smoking nationally would be 3 to 14 passed such laws in previous years. The National percent lower.6 In Maine, where tobacco prevention Fire Protection Association estimates that 700 to 900 programs have been funded at the CDC minimum for deaths per year in the U.S. are the result of cigarette- a number of years, there has been a dramatic decline caused fires. in youth smoking rates among both high school and middle school students. Despite this evidence, only six The American Lung Association’s State Legislated states—Alaska, Colorado, Delaware, Hawaii, Maine Actions on Tobacco Issues (SLATI) is also available on- and Montana—are funding their tobacco prevention line at http://slati.lungusa.org and is updated regularly programs above the minimum level of funding recom- to reflect changes in laws taking effect throughout mended by the CDC in FY2008. the year. We hope that all readers will find SLATI in- formative and an incentive to join with the American New Landmark Studies: In 2007, the Institute of Lung Association in the fight against the nation’s Medicine (IOM) and the President’s Cancer Panel number one preventable cause of death and disease, each issued reports urging stronger tobacco control tobacco use. To get involved, go to www.lungusa.org policies at all levels of government to combat the and click on the “Act Now” link.