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National Advocacy Organization: Nebraska Should Do More to Help Smokers Quit, Keep Kids from Starting
Carter Steger, a senior director for the American Cancer Society Cancer Action Network, told the Nebraska Radio Network that Nebraska isn’t following through on its promises to invest a certain percentage of its winnings from the landmark 1998 tobacco court settlement in prevention programs.

Nebraska is only spending just a little under $3-million on tobacco prevention and control. The Centers for Disease Control recommends Nebraska should be spending $21.5-million, so you can see Nebraska has a lot of room to grow. That’s only 13.7 percent and that’s actually down from the 2010 figures,” according to Steger.

Cigarette Tax Increase Proposal Said to Encourage Smokers to Quit, Drive Customers Out of State
Supporters for a bill that would increase the tax on cigarettes from 64 cents per pack to $1.99 per pack sounded off in the Lincoln Journal Star, the Omaha World Herald and the Fremont Tribune this week. Letter-writer Jennifer Borer told the Lincoln Journal Star that she supports an increase in the tax on cigarettes. She said she quit smoking in early 2009 because of the price and concern for her health, and that her dad quit smoking ten years ago because of cost and health. The Omaha World Herald published a letter from the Nebraska Hospital Association also supporting increasing the tax on cigarettes. "The $1.35 per pack tax increase would tremendously help save lives and save Nebraska $436.3 million in long-term tobacco-related health care costs. It would also prevent 19,500 Nebraska children from ever picking up the habit, while encouraging 10,000 adult smokers to quit," according to a letter signed by Marilyn Wise, Diane Wilson and Tarah Sorensen published in the Fremont Tribune.

The bill to increase the tax on cigarettes and other tobacco products excluding snuff, LB436, was heard Friday by the Revenue Committee. "We need to understand that smoking-related disease and illness is the number one public health problem in this country," the bill's sponsor Sen. Mike Gloor was quoted in the Lincoln Journal Star. State senators were told Friday that tripling the state’s tax on cigarettes would snuff out business for Nebraska retailers, forcing a exodus of customers to Iowa and Missouri, where they could save as much as $18 per carton, as reported by the Omaha World Herald. 

The cigarette bill hearing also drew the attention of KNEB, 10/11 news and Action 3 News.

MSA Enforcement Bill Heard by Revenue Committee
LB590, introduced by Sen. Mike Gloor of Grand Island, would require tribes to make payments to Nebraska in order for the state to continue receiving millions of dollars each year through a national settlement agreement that was reached with the four largest tobacco companies in 1998.

Nebraska is fighting the tobacco companiesover demands that states force smaller tobacco companies, including those operated by tribes, to also make payments to the states for smoking-related medical costs, the Lincoln Journal Star quoted David Cookson, chief deputy attorney general.

Lance Morgan, CEO of Ho-Chunk and a member of the Winnebago Tribe of Nebraska, spoke in opposition to LB590, saying it would reduce the competitiveness oftribal manufacturers of tobacco products, as reported by the Unicameral Update. The tribe receives no benefit from the MSA, he said, so mandating escrow deposits would hurt tribal revenues and businesses.

Childrens' Ear Infections Drop; Reduction in Secondhand Smoke from Parents May Be the Reason
Ear infections, a scourge that has left countless tots screaming through the night, have fallen dramatically, and some researchers suggest a decline in smoking by parents might be part of the reason, according to KLKN TV.

Health officials report nearly a 30 percent drop over 15 years in young children's doctor visits for ear infections. That's half a million fewer trips to the doctor on average.

Jefferson County Board of Commissioners Considers Banning Tobacco at Courthouse
 Jefferson County Board officials are considering prohibiting smoking and tobacco use on courthouse grounds in Fairbury. That's according to a story in the Beatrice Daily Sun.

Board chairman Michael Dux said the ban would likely start on the courthouse grounds, but could expand to other county property. Other departments would have the authority to make similar decisions, according to Dux.

"Most all agencies say that smoking is hazardous to your health," Dux said. "I think it's certainly not good for patients to breathe in smoke on ambulance employee's uniforms." 

Secondhand Smoke Can Lead to Vision Problems
According to an article published in the Sheridan County Journal Star, the American Optometric Association says that secondhand smoke can cause problems with vision. The chemicals damage the most vulnerable tissues, causing loss of vision through blood vesselsbursting or the slow death of macular cells.

Tobacco Compliance 100 percent in Colfax County
Tobacco Free Colfax County, in cooperation with the Schuyler Police Department, performed tobacco checks in January in Colfax County to determine compliance with Nebraska law prohibiting sales of tobacco products to minors, according to the Schuyler Sun. Of the 11 businesses checked, none sold tobacco to minors, resulting in a compliance rate of 100 percent. 

For these checks, cooperating minors use their own identification and make no attempt to look over the legal age of 18 years.

"Nebraska law prohibits the salf of tobacco to minors,"  said Brenda Preister, coordinator of Tobacco Free Colfax County. "Compliance with the law is an important measure in preventing kids from experimenting with tobacco."

"Once young people start to use tobacco, they later find it's a very difficult process to quit, because they've become addicted to nicotine ," Preister said.

 
 
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Sen. Mike Gloor of Grand Island tells the Nebraska Revenue Committee that he is sponsoring legislation that would increase the tax on cigarettes and other tobacco products excluding snuff because he wants to prevent the health problems associated with tobacco use.
"The number of cigarette packs that we sell in this state is enough to build a sidewalk of cigarette packs from the Missouri River to Wyoming," according to Sen. Mike Gloor of Grand Island, in his comments about what drove him to sponsor legislation that would increase the taxes on cigarettes and other tobacco products.

Gloor, who is the retired CEO of St. Francis Medical Center in Grand Island, told the Nebraska Revenue Committee Friday that working in a hospital setting where he saw first-hand the problems of tobacco use lead him to want to help reduce tobacco use, and that's why he's sponsoring LB436.

"We're trying to get people to stop smoking," he said.

LB436 would increase the tax on cigarettes from 64 cents per pack to $1.99 per pack, and would increase the tax on other tobacco products from 20 percent of wholesale to 65 percent of wholesale.

According to Sen. Gloor, if the Nebraska Legislature passes LB436, 20,000 kids won't start smoking. He said that Nebraska's cigarette tax rate of 64 cents per pack places Nebraska at a rank of 38, at bottom third of states.

With the $1.35 proposed increase, he said Nebraska would rank at the bottom of the top third of states, and will start dropping in ranking immediately, given the likelihood that other states will be increasing their cigarette tax rates as well.

Sen. Gloor said that the price of tobacco products needs to be increased by at least 10 to 15 percent to reduce smoking.

Dr. Alan Thorson, immediate Past President of the National Board of the American Cancer Society said that battling tobacco is the single most beneficial way to impact health. He said that 30 percent of all cancer deaths, and 87 percent of all lung cancer deaths are related to tobacco. 

Kim Russel, President and CEO of Bryan LGH, who also spoke on behalf of the Nebraska Hospital Association, said that one of the key benefits of increasing the cigarette tax is deterring young smokers.

The measure wouldn't be good for retailers, according to Mark Whitehead, president and co-owner of Whitehead Oil, and Vice Chairman of the Nebraska Petroleum and Convenience Store Association.

Increasing the tax on cigarettes and other tobacco products wouldn't have positive impact on consumption that proponents say, according to Whitehead. Convenience stores have problems with theft of the product, he said.

The bill would hurt small businesses, hurts jobs, increase illegal activity, and increase border bleed -- sales of tobacco products to Nebraska customers out of state, according to Ted Stessman, President of the Nebraska Candy & Tobacco Association. Stessman said that they had collected 5,000 signatures on a petition from smokers who oppose LB436. 

The Revenue Committee took no action on the bill Friday. The committee may vote to send the bill to general file with or without amendments, indefinitely postpone the bill, or take no action on it.
 
 
Thursday, the Revenue Committee of the Nebraska Legislature heard a bill that would change provisions related to cigarette taxation.

LB590, introduced by Sen. Mike Gloor of Grand Island, would make a number of changes that would address issues resulting from the Master Settlement Agreement (MSA) between 46 states, including Nebraska, with the four largest tobacco companies in Nebraska.

LB590 would establish uniform licensing, stamping, and reporting provisions for tobacco product manufacturers, stamping agents, and wholesalers of cigarettes and roll-your-own tobacco. It would also clarify and enhance enforcement pertaining to those distributing tobacco in this state. 

“This is a complicated issue and a complicated bill,” Sen. Gloor told the Revenue Committee at the hearing. “If this bill does not pass there can be some fairly stern financial results for the state. If the court finds the state has not been diligent in enforcing this law we could lose future payments and potentially have to pay back millions of dollars now sitting in the Health Care Cash Fund.”

The Health Care Cash Fund was established as a result of the Master Settlement Agreement, and holds funds received by the state as a result of that agreement.

David Holmquist, Director of State Legislative Government Relations, Nebraska, for the American Cancer Society, and Kathy Siefken, Executive Director of the Nebraska Grocery Industry Association, spoke in support of the legislation. Lance Morgan, CEO of the Winnebago Tribe of Nebraska, and Mick Mines, representing the Nebraska Association of Tobacco and Candy Distributors, opposed the bill.

 
 
The following bills related to tobacco use were introduced before the Nebraska Legislature this session. What follows is the current status of these bills. You may download a copy of the introduced bill at the links provided.

LB 313, Sen. Jeremy Nordquist
Assigned to Education Committee. The bill was heard by committee February 8.
Adopt the Tobacco-Free Schools Act and change school accreditation provisions
LB 313 would prohibit the use of tobacco products by students, staff, or visitors at any time on school property or at any off-campus school-sponsored event. 

LB 374, Sen. Mike Flood
Assigned to Appropriations Committee. The bill was heard by committee February 7.
Appropriate funds for state government expenses
LB 374 (on page 49) would reduce the state appropriation to the Tobacco Prevention and Control Cash Fund by 10 percent. 

LB 436, Sen. Mike Gloor
Assigned to Revenue Committee. The bill is scheduled for hearing March 4.
Change provisions relating to taxation of cigarettes and tobacco products
LB 436 would increase the state cigarette tax from 64 cents to $1.99 per pack. It would increase the tax other tobacco products excluding snuff from 20 percent to 65 percent of the wholesale price. Each year, 37.5 cents of the increase would be placed in the Health Care and Human Service Provider Rate Stabilization Fund to replace a proposed cut to reimbursement of service provider rates within Medicaid, Behavioral Health, CHIP and Aging Services. In addition, one-half cent is placed each year in the Tobacco Prevention and Control Cash Fund to replace a proposed 10 percent cut to funding to help tobacco users quit and keep kids from starting. The remaining 97 cents of the proposed increase would be deposited in the General Fund.

LB 511, Sen. Mark Christensen
This bill was assigned to General Affairs Committee. It has been withdrawn by Sen. Christensen.
Restrict the use and sale of blunt wrap tobacco wrappers as prescribed
LB 511 would restrict the use and sale of "blunt wrap" tobacco wrappers.  Blunt wrap tobacco wrappers are defined as "individual tobacco wrappers made wholly or in part from tobacco including reconstituted tobacco, in the form of a tobacco leaf, sheet or tube if such a wrap is designed to be sold to individuals.”

LB 590, Sen. Mike Gloor
This bill is assigned to Revenue Committee. It is scheduled for hearing March 2.
Change provisions relating to cigarette taxation
LB 590 intends to enhance state enforcement of the statutory escrow obligation on cigarettes sold in Nebraska that are manufactured by those companies choosing not to join the Tobacco Master Settlement Agreement. 
 
 
LB 313, Jeremy Nordquist
Adopt the Tobacco-Free Schools Act and change school accreditation provisions
The Education Committee heard this bill Tuesday, February 8.

LB374, Mike Flood
Appropriate funds for state government expenses (includes tobacco prevention programming)
This bill was heard Monday, February 7, by the Appropriations Committee.

LB 436, Mike Gloor
Change provisions relating to taxation of cigarettes and tobacco products
This bill has been scheduled for a hearing Friday, March 4, before the Revenue Committee.

LB511, Mark Christensen
Restrict the use and sale of blunt wrap tobacco wrappers as prescribed
Sen. Christensen withdrew this bill from consideration Friday, February 4.

LB 590, Mike Gloor
Change provisions relating to cigarette taxation
This bill has been scheduled for a hearing for Wednesday, March 2, before the Revenue Committee.