ACTION ALERT:

As you may know, Governor Granholm recently released her plan to balance the budget. Among her solutions to the multibillion dollar deficit were increasing the cigarette tax by twenty-five cents and doubling the Other Tobacco Products tax (64% of the wholesale price). Sadly, the Governor’s plan also included a $150-million cut to the Michigan Department of Community Health. (See Free Press article here)

It is important that key political leaders in the state executive and legislative branches hear from us over the next week as we convey the importance of allocating funding for tobacco prevention and cessation programs. The message is: “Raising the cigarette tax and the tax on other tobacco products is essential for saving lives and health care dollars.”

Please thank the Governor and Bob Emerson for proposing the tax increase and urge them to dedicate a portion of the revenue generated to helping people quit smoking and prevent kids from starting.

Governor Granholm: http://www.michigan.gov/gov/0,1607,7-168-21995---,00.html
Bob Emerson: EmersonB@michigan.gov

Please contact the House and Senate leadership, as well as their own legislators, with this additional message: “Raising the cigarette tax and the tax on other tobacco products is essential for saving lives and health care dollars. I urge you to dedicate a portion of the revenue generated to helping people quit smoking and to prevent kids from starting.”

Senator Bishop 517-373-2417; senmbishop@senate.michigan.gov
Find Your Senator: http://senate.mi.gov/
Representative Dillon 517-373-0857; andydillon@house.mi.gov
Find Your Representative: http://house.mi.gov/find_a_rep.asp

Due to the high volume of emails most legislators are receiving daily, it may be more effective to place a phone call.

Hey Convenience Store Lobby, don’t look now, but your pants are on fire

Last week the Michigan Petroleum Association and Michigan Association of Convenience Stores released an “Analysis of the Impact of an Increase in the Michigan Cigarette Excise Tax.” It is a “study” filled with incorrect data, out of date research, and numbers cooked up by tobacco funded statisticians. The point of the study was to demonstrate the regressive nature of tobacco taxes, but the researchers failed to extrapolate their data and thus their early arguments tend to focus on the benefits of a tobacco tax increase (like a $165.2 million increase in state revenues).

The researchers used quotes throughout the study to “prove” their points. Quotes from the Heartland Institute (a think tank funded, in part, by Phillip Morris) and Americans for Prosperity (a group that has been underwritten by tobacco companies) permeate the study, using the same type of “slippery slope” arguments made famous by Phillip Morris during the tobacco cases of the 1990s.

In addition some of the statistics used are wildly out of date. TFM counted fourteen errors on the “State Excise Tax Rates and Tax Revenues Sheet” cited in the study. The actual tobacco tax rates varied between $0.07 and $1.00 over what was listed. The study’s claim that Michigan has the sixth highest tax rate is off by four positions and Wisconsin’s cigarette tax rate will exceed Michigan’s by $0.52 on September 1.

Here are the study’s main arguments and faults:

Argument: Cigarette excise taxes are an unreliable, declining, and unstable funding source.
o The Truth: States that have raised their cigarette tax rates have subsequently received more tax revenue than they would have received without a rate increase, despite the fact that cigarette tax increases reduce state smoking levels and despite any related increases in cigarette smuggling or tax evasion. Higher revenues obtained by cigarette tax increases will decline over time as smoking rates continue to go down, but the revenue changes will be gradual and predictable. Moreover, cigarette and overall tobacco tax revenues are more predictable and stable than state income tax or corporate tax revenues, which can decline sharply during recessionary periods.

Argument: Michigan smokers will turn to border sales, Indian reservations, the internet, and counterfeit smuggling operations.
o The Truth: Smuggling and tax evasion account for only a relatively small minority of cigarette sales and do not come close to eliminating revenue gains or making tax increases unproductive.

Argument: A 25-cent increase in Michigan's current cigarette excise tax of $2 will likely result in huge losses to Michigan’s Convenience Store profits.
o The Truth: When c-store owners were asked how their cigarette trends have been relative to excise tax increases, “90% said in line or better than they expected…” Since the federal excise tax increase, industry profits have actually grown for tobacco companies. Reynolds reported an 8.2% increase, Altria reported a 3.8% increase, and Lorillard’s profits increased 21.4%. Consumers didn’t stop consuming, they just switched brands, reported UBS tobacco analyst Nik Modi. Moreover, money spent currently on cigarette sales will not disappear when the smoking declines from a cigarette tax increase reduces cigarette sales, it will simply shift to consumer expenditures on other alternatives.

Argument: Cigarette excise taxes target low-income consumers and are regressive.
o The Truth: Higher smoking rates among lower-income groups means they are now suffering the most from smoking and will, consequently benefit the most from any effective new measures to reduce smoking, including tobacco tax increases. Low-income smokers are much more likely to quit because of state tobacco tax increases than higher-income smokers.

Therefore any state that significantly increases its cigarette tax rate will also end up increasing the portion of the state’s total cigarette tax revenues that are paid for by higher-income smokers and reduce the portion paid by lower-income smokers. It’s also important to note that cigarette companies (and the convenience store lobby) have no problem with levying new charges on low-income smokers when it increases their own profits.

Michigan’s economy is in dire straits. We need a win and tobacco tax increases are that win. The Governor’s proposed tax increase is a win for health, a win for the state budget, and a win with the public. The tax increase would result in reduced youth tobacco use, generation of over $150 Million in new state revenue, and is overwhelmingly supported by Republicans, Democrats, and Independents alike.

Big Win For Local Smoke Free Regulations

Yesterday, the Michigan Supreme Court handed down a unanimous decision that upheld the authority of local health departments to and a county board of commissioners to approve, regulations that control smoking in the workplace. The full text of the decsion in the case, McNeil v. Charlevoix Co., can be found here.

All seven justices agreed that local health departments' can adopt stricter smoking regulations than the state in order to safeguard public health. It's important to note, however, that these regulations will not apply to restaurants and bars. Because of state preemption laws, only the Legislature can ban smoking in bars and restaurants.

The Court did split 4-3 on a second issue regarding at will employment. The majority upheld workers' rights to sue their employer if they're fired for asserting the right to a smoke free environment under the regulation.

Although this decision is encouraging, it only goes so far. As mentioned above, only the Legislature can ban smoking in restaurants and bars. Sadly that means that although the State's highest court asserted that smoke free workplaces regulations are a public health concern, many of Michigan's workers remain unprotected from the dangers of secondhand smoke.

Call Speaker of the House Dillon and tell him you want to see a vote on a comprehensive smoke free bill that will protect ALL of Michigan's workers (including those who work in bars, restaurants, AND casinos).

1-888-REP-DILLON (737-3455)

Top 10 Reasons Andy Dillon Should Bring Up the Smoke Free Bill…Again

Nearly a month ago, the House voted on HB 4377 which would make Michigan workplaces smoke free but exempted casinos, cigar bars, and tobacco shops. Speaker Andy Dillon (D-Redford) had reportedly told his caucus members that he would allow a vote on a clean bill without exemptions, but when those amendments came up (respectively brought by Rep. Joan Bauer (D-Lansing) and Rep. Paul Scott (R-Grand Haven)), they were quickly gaveled down and no votes were taken. Dillon said he wanted to see what the Senate did with HB 4377.

Despite Senate Majority Leader Mike Bishop’s (R-Rochester) previous statements that he would only allow a vote on a clean bill, Dillon seemed optimistic that he could “work something out” between the chambers. However, Speaker Dillon also made some public statements to business owners as well as to members of his caucus that if the Senate failed to act on the smoke free workplaces issue that he would allow for a vote on a comprehensive bill.

As of this writing, twenty-nine full days have passed since the House sent HB 4377 over to the Senate. It’s time for Speaker Dillon to act by sending a comprehensive smoke free bill, such as Rep. Bauer’s HB 4341 or Rep. Scott’s HB 4099 to the floor for a vote.







Here are 10 reasons why Speaker Dillon should take up the smoke free workplaces bill:









10. Leadership. Dillon can take this opportunity to pass comprehensive legislation and become a leader and champion for the state’s public health, rather than being accused of “holding up” Michigan’s health by passing a bill the Senate leadership has refused to address. He can ">“take the lead” in creating public health reform that works.

9. Public Health. As someone who has said he is committed to public health, this would be a big victory for both Dillon and the State of Michigan. States that have gone smoke free report have reported near immediate drops in the heart attack rate. Long term benefits include further drops in heart attack, cancer, and asthma rates.

8. Poker and Politics. Senate Majority Leader Mike Bishop has wavered on the idea of even taking up the issue of smoke free air. Bishop has previously said, however, that he would consider allowing a vote on a comprehensive bill. If Speaker Dillon passed a comprehensive bill he would call Bishop’s bluff, leaving him no choice but to allow a vote on smoke free air. Smoke free air can be debated as a public health issue, not a political game.

7. The economy. Research shows that the new economy thrives in areas that provide access to a great quality of life. Quality of life factors can include health care, jobs, and working conditions. States with smoke free workplaces laws have reported less employee absenteeism due to smoking related illnesses and ailments (such as chest colds, bronchitis, asthma, etc). Employees in smoke free states also report a more pleasant working experience (as compared to pre-smoke free status). Employers also generally see a decrease in direct health care costs for insurance, as well as lower maintenance costs (since carpets, furniture, and equipment last longer in smoke free environments).

6. The economy. Michigan residents spend 1.1 billion Medicaid dollars on smoking related health care. Each Michigan resident spends at least $306 annually to address smoking related health care costs. In addition, the state loses $3.95 billion in production costs due to tobacco use.

5. Constituency. It is what the people want. Over 2/3 of Michigan voters have indicated that they support smoke free laws. Give the people what they want.

4. Bipartisan cooperation. During his Opening Day Remarks, Dillon said, “While we may never end the partisanship that has divided this Capitol in the past, we can focus our energies in areas where we share common ground.” The smoke free workplaces law epitomizes an area where there is common ground. Legislators on both sides of the aisle support comprehensive smoke free air, and Speaker Dillon would do well to unite the parties on this issue.

3. Integrity. If Speaker Dillon took a vote on comprehensive smoke free air, it would add to his reputation as a politician who keeps his word. Following the failed vote on HB 4163 last session, Dillon assured smoke free advocates that the issue would be taken up again during 2009. On opening day, he prioritized the smoke free air issue and challenged his colleagues to finish working on the issue.

2. Future prospects. Speaker Dillon is term limited in 2010. Following a long and successful political career in the House, it’s hard to imagine that either Dillon or his constituents want to see him go anywhere. In a run for Governor, Attorney General, or other office, having this law’s passage on his list of accomplishments will stand out. (See also Reasons 3-5).

1. This really is a life or death issue. The Surgeon General has concluded that there is NO safe level of secondhand smoke exposure. Following the implementation of smoke free laws, heart attack rates go down significantly. Within two months of going smoke free, states have reported 60% drops in complaints about respiratory difficulty (such as shortness of breath, asthma attacks, bronchitis, etc). Passing a smoke free workplaces law is an efficient, economical way to help our struggling public health system.

Michigan's people have waited for too long. The evidence is in, the support is overwhelming, the time is NOW.

Contact Speaker Dillon and ask him to do the right thing, keep his word, and call for a vote on comprehensive smoke free air.

CALL: 888-737-3455
FAX: 517-373-5976
EMAIL: andydillon@house.mi.gov
ADDRESS:
26284 Graham Rd.
Redford Township, MI 48239

Senate Majority Leader Bishop lets Michigan down - needlessly delays smoking bill

Yesterday, Senate Majority Leader Mike Bishop (R-Rochester) referred the smoke free workplaces bill to committee. Unfortunately, the Senator chose the Government Operations & Reform Committee, a.k.a. “Where Bills Go to Die.”

Last week there was hope on the smoking ban. The House of Representatives had passed HB 4377 with 73 votes. Although Senator Bishop had previously stated that he wouldn’t even glance at a bill with exemptions (HB 4377 exempts casinos and cigar bars), the House vote seemed to change his tone slightly and Bishop hinted that he would “take the temperature” of the room. If people supported the bill he’d take up the issue.

I don’t know what room Bishop is in, but clearly that room is NOT in Michigan. Bishop has since said that he’s in no rush to even consider the bill. So, despite the fact that 2/3 of Michiganders want smoke free air, and that we’re one of only 13 states without a smoke free law of any kind, and that it has been proven time and time and time again that businesses are NOT harmed by smoke free legislation, Bishop fully intends to let this issue die.

Don’t let him get away with these shenanigans. There are some who have said that this is just the way things are done in Lansing. That certain legislators’ lack of action and political gameplaying are par for the course, should be expected, and that nothing can be done...

Baloney. Senators Ray Basham (D-Taylor) and Tupac Hunter (D-Detroit) have been clamoring for a smoke free bill because they "get it" and have been listening to what their constituents want. Senator Tom George (R-Kalamazoo), a doctor who understands just how deadly secondhand smoke is, pushed Bishop to take up the bill during the last session. There are Senators and Representatives on both sides of the aisle who are behind this issue. The problem isn’t the legislators, it's the “leadership” in the legislature.

Bishop has said he won’t be pressured by any groups to move the smoke free bill. That despite public support, he has no intention to bring it to the floor. Since when is it ok for elected officials to so blatantly shirk their jobs? Who gave Bishop the green light to discount the majority of Michiganders in favor of a small group of folks who make up a mere fraction of the state’s population?

Dillon didn’t move on the bill until he was told to, repeatedly, by thousands of Michiganders who shut down his lines calling for a hearing. It was the grassroots that helped get the smoke free air issue heard, the grassroots who have moved it along, and the grassroots who CAN put this issue to bed.

Now it’s time to send Senator Bishop the same message: “Take action on the smoke free bill NOW, not later, not when you feel like it, NOW.”

There is no good reason why this bill should be delayed any further. Call Senator Mike Bishop and tell your friends, neighbors, family and anyone else you run into to call him, too.

Here is Bishop’s contact info:
Phone: 877-924-7467 or 517-373-2417
Email: senmbishop@senate.michigan.gov
Address: 883 Great Oaks Blvd.; Rochester, MI 48307

Don’t let Dillon off the hook, either. He’s partially to blame for this mess after barring votes on clean versions of the bill which would have forced Bishop’s hand. Speaker Dillon may have moved the bill, but his job is far from done, he may be able to persuade Bishop to take another look at this issue.

Call Dillon and tell him you don’t want this bill to die.
Phone: 888-737-3455 or 517-373-0857
Address: 26284 Graham Rd.; Redford Township, MI 48239
Email: andydillon@house.mi.gov

***ACTION ALERT: CALL YOUR SENATORS FOR SMOKE FREE LAWS***

***ACTION ALERT: CALL YOUR SENATORS FOR SMOKE FREE LAWS***

Last Tuesday, the House of Representatives voted 73-31 to pass HB 4377. This bill would make Michigan workplaces smoke free, including restaurants and bars. Although HB 4377 does make exemptions for casino gaming floors, tobacco specialty shops, and cigar bars it is much closer to the clean bill the Senate passed last December.

We are closer to a smoke free workplaces law than we’ve ever been and we have you to thank! Your quick and forceful responses to our Action Alerts have made a HUGE impact on our elected officials. Last session the House passed a very similar bill with 56 votes. That number jumped up by 17 votes because of your calls, letters, and emails.

The bill is now in the Senate for consideration. We must keep the pressure on the Senate and tell them how important it is to take up this legislation. Here’s what we need you to do:

• Please call the Office of Your Senator. To find their contact information go to www.senate.mi.gov and click on the "Find your Senator" link in the left column of the page.

• Tell the person answering the phone your name and why you are calling. ("I am calling regarding the smoke free workplaces issue/the smoking legislation/smoking in bars and restaurants")

• Please tell your lawmaker that you want them to vote for a comprehensive smoke free air bill that protects ALL of Michigan’s workers.

• If you have a brief personal story about secondhand smoke and how its affected you, share it with your lawmaker. Tell him/her why smoke free air is so important to you.

Again, thank you for your dedication to this issue. Your voice is the most powerful tool we have in this process. It was your voices that got this issue back on the agenda, and your voices that will resolve this issue. Together, we CAN make 2009 the year that Michigan passes a smoke free law.

Good But Not Good Enough

On Tuesday, May 26, the House passed HB 4377 by a vote of 73-31. The bill makes workplaces smoke free with exemptions for casino gaming floors, cigar bars and tobacco specialty shops. An amendment requiring that a cigar bar or tobacco shop be in existence by December 31, 2009; makes all casinos smoke free after all lower peninsula tribal casinos go smoke free; and gives the Michigan Gaming Commission the power to define the term “gaming floor” was substituted for the bill.

Those of you who have followed this saga will no doubt see the striking similarities to last year’s smoke free debate. Despite pressure from thousands of constituents across the state, the House leadership still did not see the wisdom in supporting a full ban. According to the subscription only MIRS news, Speaker Andy Dillon, D-Redford, and Representative Bert Johnson, D-Highland Park, “engineered” the vote; “basically by getting the 69-member House Democratic Caucus to go along.”

Dillon maneuvered the floor so that the caucus-preferred version of HB 4377, complete with exemptions, was the one that passed. All amendments offered on the floor, with the exception of the amendment mentioned above, were quick-gaveled down without any roll call votes.

Rep. Joan Bauer, D-Lansing, and Rep. Paul Scott, R-Grand Blanc, each offered their own amendments to change HB 4377 to a comprehensive bill. Unfortunately, as with the other amendments, Rep. Shanelle Jackson, D-Detroit, followed the leadership’s directives and gaveled voice votes a split second after Bauer and Scott spoke.

In a press release from the Campaign for Smokefree Air (a group which TFM is affiliated with), spokesperson Judy Stewart expressed her disappointment. “This is a weak attempt to provide smokefree protection to Michigan workers. Though we’re happy that the House has moved legislation, we still feel that all workers deserve to breathe smokefree air. We’re disappointed that amendments to make the legislation stronger were not considered.”

The bill is set to advance to the Senate next Tuesday, June 2. The Republican-controlled Senate has previously said that they will support nothing less than a full ban. This year, however, there is word circulating that Senate Majority Leader, Mike Bishop, R-Rochester, has been getting a lot of pressure from smoke free proponents. Bishop’s spokesperson has said that the majority leader won't stand in the way of what the caucus wants to do in regard to passing a bill with exemptions.

“We have faith that in the end Michigan lawmakers will do the right thing and protect the health of all Michigan workers,” said Stewart. “No one should have to choose between their health and a paycheck.”

Thank you again for all of your calls and emails to your Representatives and to the Speaker of the House. Although we are disappointed to see a bill with exemptions and will continue to advocate for a comprehensive bill, we are happy to see that some progress has been made toward smoke free air in Michigan. We will be sending out and posting an action alert within the next week with the next steps in this campaign.