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Maine Tobacco Control Timeline, 1897-2008
 
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    Maine Tobacco Control Timeline, 1897-2008 Maine Tobacco Control Timeline, 1897-2008 Presentation Transcript

    • 11 Parkwood Drive Augusta, Maine 04330 622-7566, ext. 302 * Fax: 622-3616 ___________________________________________ TOBACCO PREVENTION AND CONTROL IN MAINE _______________________________________ VOLUME I Maine‘s first law regarding smoking was enacted over 100 years ago. However, most legislation concerning smoking and public health has been passed since 1981, when smoking was restricted in public proceedings. Since that time, laws have been passed to reduce exposure to secondhand smoke; to reduce youth access to tobacco; to encourage smokers to quit and to prevent youth from starting by raising the price of cigarettes; and to establish a comprehensive tobacco prevention and control program that includes educating Maine citizens about the dangers of tobacco use and providing services to smokers who want to quit. What follows is the evolution of tobacco prevention and control in Maine.September 2008 1
    • [NOTE: Where the date in the left column includes a month, that is the month when the law went into effect (usually 90 days after the end of the legislative session), notthe month when it was enacted or signed. The specific effective date is noted in the text.]1897 Manufacture for sale, sale, giveaways of cigarettes to anyone under 21 is prohibited. Violation is criminal and is punishable by a fine or imprisonment not to exceed 60 days. Effective 5/1/1897. 1 21909 The purchase of cigarettes for or at the solicitation of anyone under 21 is added to acts prohibited and punishable criminally. The prohibition is also expanded to cover other tobacco and cigarette papers. 31939 The law is weakened to a) reduce to 16 the age below which it is a criminal violation to sell, etc.; b) remove the prohibitio n on manufacturing for sale, etc. to minors; c) limit other tobacco to ―tobacco such as is used for making any cigarette‖; and d) reduce criminal penalties (imprisonment now not to exceed 30 days). 41941 An excise tax on cigarettes is assessed for the first time, at the rate of 2 cents per pack. So that the tax may be collected, a tax stamp system, as well as a requirement for annual licensing of all distributors and dealers by the Tax Assessor, is established. Tax revenues are allocated to pay for ―old age assistance.‖ Licensing and tax collection are to begin on 6/1/41.51945 Wholesale and retail dealers‘ licenses are changed from annual to indefinite, effective 7/21/45. 61945 Allocation of cigarette tax revenue is shifted to the General Fund, with the statement that ―there shall always be available for old age assistance state moneys in an amount not less than the revenue derived from the cigarette tax.‖ 71947 A new law repeals the statement in the 1945 legislation that ―there shall always be available for old age assistance state moneys in an amount not less than the revenue derived from the cigarette tax‖, effective 5/10/47. The cigarette tax is raised from 2 cents to 4 cents, effective 7/1/47. 8 The law also assesses a new tax on cigars and all other tobacco products, effective 7/1/47. The tax is 20% of the value sold at retail, measured by the ―usual selling price‖. The law also expands the Tax Assessor‘s licensing requirements to cover distributors and dealers of cigars and other tobacco products, and establishes a new, annual "unclassified importer" license for cigarettes, cigars and other tobacco products. The fee is $25.September 2008 2
    • 1949 The wholesale dealer‘s license is returned to annual and the fee is raised to $10, effective 8/6/49. 9 The licensing fee for unclassified importers is repealed, effective 8/6/49. 101951 A law creating a state ―sales and use tax‖ on tangible personal property is passed, effective 7/1/51. Sales of ―cigars, tobacco and cigarettes‖ are exempt from the new tax. 111955 The excise tax on cigars and all other tobacco products (except cigarettes) is repealed, effective 1/1/55. The new law also repeals the sales tax exemption for these products and the Tax Assessor‘s licensing requirements for distributors and dealers of the products.121955 The cigarette excise tax is increased from 4 to 5 cents, effective 7/1/55. 131961 The cigarette excise tax is increased from 5 to 6 cents, effective 7/1/61. 141964 As part of the recodification of the Maine Revised Statutes, the sales tax exemption for cigarettes is repealed.1965 The cigarette excise tax is increased from 6 to 8 cents, effective 7/1/65. 151967 The cigarette excise tax is increased from 8 to 9 cents, effective 7/1/67. 161967 The cigarette excise tax is increased from 9 to 10 cents, effective 11/1/67.171969 The cigarette excise tax is increased from 10 to 12 cents, effective 6/1/69.181971 The cigarette excise tax is increased from 12 to 14 cents, effective 7/1/71.191973-77 Various bills to prohibit smoking in indoor public buildings and places die in the Legislature.1974 The cigarette excise tax is increased from 14 to 16 cents, effective 7/1/74. Revenue is used to establish a ―catastrophic medical expense fund‖ available to families and individuals whose medical costs ―cannot be met from their own or other sources, when said costs are of such magnitude as to constitute a financial catastrophe for the said families or individuals, or when it can be determined that medical indigency exists.‖ These funds are not intended for individuals who are eligible for ―federally matched medical care programs as administered in Maine,‖ or for individuals whose income is above limits established in the new law. The tax increase is intended to terminate when and if a federal health care program similar to the catastrophic medical expense fund becomes available. $2.84 million is appropriated for the program. 20September 2008 3
    • 1977 The termination language regarding the ―catastrophic medical expense fund‖ above is repealed, effective 10/24/77.21 Five months later it is reinstated.22Sept. 1979 The requirement for dealers who sell at retail, including through vending machines, to be licensed by the Tax Assessor is repealed, effective 9/14/79.231979 A bill to prohibit smoking in public meetings makes it through the Legislature but is vetoed by Governor Brennan. The veto is sustained in the House.241979 A bill to require nonsmoking areas in indoor public places fails, 25 as does a bill to require nonsmoking areas only in restaurants with a seating capacity of 50 or more.26Sept. 1981 Maine‘s first law regulating smoking in public places is passed, effective 9/18/81. It prohibits smoking in public proceedings of various types, unless consent is given by all members of the board, commission, or other public body that has convened the proceeding. 27Sept. 1983 Smoking is prohibited in jury rooms unless all members of jury consent. Effective 9/23/83. 28Sept. 1983 Sale/distribution of tobacco to anyone under 18 is made unlawful, effective 9/23/83.29Sept. 1983 In licensed nursing homes, smoking is limited to designated smoking areas. Effective 9/23/83. 30Sept. 1983 The cigarette excise tax is increased from 16 to 20 cents, effective 9/23/83. The law is amended to clarify that if a federal program similar to the catastrophic medical expense fund goes into effect, the cigarette tax will be reduced by only 2 cents per pack.31Dec. 1984 The cigarette excise tax is increased to 20 to 28 cents, effective 12/15/84. 32Sept. 1985 Smoking is prohibited in public areas of retail stores over 4000 square feet in size. 331985 The Workplace Smoking Act of 1985 is passed, effective January 1, 1986. 34July 1986 A tax on tobacco products other than cigarettes is reinstated, effective 7/16/86. Two categories are established, the first for smokeless tobacco, including chewing tobacco and snuff; and the second for ―other tobacco‖ – cigars, pipe tobacco and otherSeptember 2008 4
    • tobacco intended for smoking. The tax is 12% of the wholesale sales price for ―other tobacco‖ and 45% of the wholesale sales price for smokeless tobacco. The requirement for an annual distributor‘s license from the Tax Assessor for these products is also reinstated. The fee is $25.35June 1987 The Legislature amends the catastrophic medical expense fund law to set a deadline of 6/30/87 for applications, and financial assistance is to be provided with money remaining in the fund. 36 Reference to the program in the cigarette excise tax law is not repealed until 1997. 37Sept. 1987 Vending machine sales of cigarettes are limited to generally supervised areas, effective 9/29/87. 38Sept. 1987 Restaurants are required to provide a no-smoking area for customers that is reasonably calculated to address the needs of nonsmokers, effective 9/29/87.39Sept. 1987 Smoking is prohibited in public areas of publicly owned buildings, effective Sept. 29, 1987. Enclosed indoor restaurants and cafeterias in these buildings are excepted if a no-smoking area is designated. Also, civic auditoriums may allow smoking in hallways and lobby areas if a no-smoking area is designated as specified in statute. Designated smoking areas for employees may be collectively bargained. 40Aug. 1988 Tobacco use is prohibited in public elementary and secondary school buildings and on school grounds while school is in session, except that designated smoking areas for employees may be established by the school board in accordance with the Workplace Smoking Act or may be collectively bargained. They must be away from areas frequented by students. Effective 8/4/88.41Sept. 1989 Smoking is prohibited in enclosed public areas of ferries, unless the ferry is used as a restaurant. (Those areas are regulated by the restaurant smoking law.) Effective 9/30/89. 42Sept. 1989 Smoking is prohibited in public areas of hospitals, except that a patient or resident may smoke in designated smoking areas with written permission of physician. Effective 11/16/89.43Sept. 1989 Smoking in enclosed shopping centers is restricted to designated smoking areas. The existing law regarding smoking in restaurants applies to areas of a shopping center where food or beverages are served and tables are provided. Effective 9/30/89.44Sept. 1989 A new law tightens regulation of tobacco vending machines and prohibits the sale of unpackaged cigarettes. Purchase of tobacco products by anyone under 18 is prohibited; retailers are required to post signs regarding the prohibition. Penalties forSeptember 2008 5
    • sale or distribution to minors are broadened and increased, but the law creates an affirmative defense for a seller if the minor furnished fraudulent proof of age. It also creates an affirmative defense (both civil and criminal) for a parent, foster parent, guardian or similarly situated person who furnishes tobacco to a minor. The sale/distribution of tobacco to minors by minors and the sale of unpackaged cigarettes by minors become juvenile crimes. Effective 9/30/89. 45Sept. 1989 The restaurant smoking law is amended to require DHS to define by rule the term ―reasonably calculated.‖ It also requires DHS to make failure to provide a no-smoking area a violation of the restaurant license, increases penalties, and clarifies that restaurants may designate more than 50% or all of indoor seating as non-smoking. Effective 9/30/89.46Oct. 1989 The cigarette excise tax is increased in three stages, from 28 to 31 cents effective 10/1/89, from 31 to 33 cents effective 1/1/91, and from 33 to 37 cents, effective 7/1/91. Excise taxes on smokeless tobacco and ―other tobacco‖ are also raised incrementally, on the same effective dates. (Tax increases for ―other tobacco‖ rise from 12% to 13%, 13% to 14%, and 14% to 16% of the wholesale sales price. For smokeless tobacco they rise from 45% to 50%, 50% to 55%, and 55% to 62% of the wholesale sales price.) 47Jan. 1990 The Bureau of Health promulgates a rule related to the Workplace Smoking Act, effective 1/28/90. 48Mar. 1990 The law applicable to smoking in hospitals is amended to permit residents of state mental health institutes to smoke in designated smoking areas that are enclosed and ventilated. It requires hospitals to design and implement cessation programs for residents. It specifies that smoking by employees is governed by the Workplace Smoking Act. Effective 3/23/90. 49Mar. 1990 Smoking on buses used for public transportation is prohibited, effective 3/27/90. 50 1991 In partnership with the American Cancer Society, the State of Maine successfully applies for its first tobacco prevention and control funds through the ―American Stop Smoking Intervention Study‖ (ASSIST) project at the National Cancer Institute. Maine is one of 17 states to receive seven-year federal grants for smoking-related cancer prevention. The focus is on reducing smoking among adults and reducing the initiation of tobacco use by youth.July 1991 Effective 7/1/91, the cigarette excise tax increases from 31 to 33 cents, the tax on ―other tobacco‖ increases from 13% to 14% of the wholesale sales price, and the tax on smokeless tobacco increases from 50% to 55% of the wholesale sales price. See Oct. 1989 entry.Oct. 1991 Employers are prohibited from discriminating against employees and prospective employees who smoke outside the course of employment, effective 10/9/91.51September 2008 6
    • Oct. 1991 The law applicable to smoking in hospitals is amended to permit patients and residents in psychiatric and substance abuse units of hospitals to smoke in designated smoking areas, unless patient‘s or resident‘s physician prescribes that it would present an immediate danger to the smoker or others. Effective 10/9/91.52Jan. 1992 Effective 1/1/92, the cigarette excise tax increases from 33 to 37 cents, the tax on ―other tobacco‖ increases from 14% to 16% of the wholesale sales price, and the tax on smokeless tobacco increases from 55% to 62% of the wholesale sales price. See Oct. 1989 entry.Oct. 1993 The laws that prohibit purchase of tobacco products by minors and sale/distribution to minors are amended to include cigarette papers. Fines are increased and the affirmative defense for a parent, foster parent, guardian or similarly situated person who provides tobacco to a minor is repealed for civil violations only. Effective 10/13/93. 53 1993 A comprehensive law is passed prohibiting smoking in most enclosed public places, effective 1/1/94. Exemptions include taverns and lounges, restaurants, places where licensed bingo and beano games are conducted, motel and hotel rooms rented to the public, and smoke shops under 2000 square feet. Enclosed, designated smoking areas are permitted as long as no sales, services or other commercial or public activities are conducted there. The law governing smoking in public schools is amended slightly regarding the right of school employees to collectively bargain for designated smoking areas. 54 Sept. 1995 A comprehensive, consolidated law is passed to improve/tighten youth access laws and provide enforcement capacity. It makes possession and use of tobacco products by anyone under 18 unlawful (purchase is already unlawful). It increases the penalties for sales/distribution to minors and for purchase by minors, and adds a penalty scheme for offering a false ID. It designates the Office of Substance Abuse for enforcement of Maine‘s youth access laws and the Synar Act (federal); further tightens regulation of tobacco sales from vending machines; and sets up a comprehensive scheme for one-time licensing of tobacco retailers (who sell or give away) and for suspending or revoking a license. (Note that this is a license to sell, administered by the Bureau of Health, not a license from the Tax Assessor for the purpose of collecting excise taxes.) Retail sales/free distribution without a license is a Class E crime. Licensees are permitted to refuse to sell to anyone who fails to show proper ID. The new law also repeals criminal provisions regarding sale/distribution of tobacco to minors by minors and sale of unpackaged cigarettes by minors. It specifies that for six months after the effective date of the new law, a juvenile who is summonsed for purchase, possession or use of tobacco products will receive a warning only (no fine), and that the Office of Substance Abuse will establish youth cessation programs throughout the State. DHS and OSA together are to provide educational programs for retailers, schools, juveniles and the public. They are to work with the Dept. of Education, retailers, and nonprofits on these efforts. Effective 9/29/95.55 The new law also preempts municipalities from enacting ordinances and regulations after 9/29/95 regarding tobacco displays, product placement and the time of tobacco product sales.September 2008 7
    • July 1996 The retail tobacco sales license law is amended to expand the affirmative defense for selling tobacco products to a minor who furnishes fraudulent proof of age. It now includes the same defense for distribution as for selling. Effective 7/4/96. 56Nov. 1996 A CDC report shows Maine has highest rate of smoking among young adults (age 18-30) in the country.57Jan. 1997 The first random, unannounced inspections of retail establishments are conducted to ensure that tobacco is not being sold to minors. (Minors are used for these enforcement inspections.)Jan. 1997 The Maine Coalition on Smoking or Health (MCSOH) supports a bill to raise the cigarette excise tax by one dollar to reduce the youth smoking rate by one-third. It is introduced by Rep. Mitchell of Portland. In his State of the State address Governor King calls for a doubling of the excise tax from 37 to 74 cents to reduce smoking rates among young people.May 1997 The Joint Standing Committee on Health and Human Services reports out a bill to increase the cigarette excise tax by 37 cents and to dedicate much of the revenue to expanded Medicaid coverage for children and expanded prescription drug coverage for the elderly. It also establishes a tobacco prevention and control program and an advisory council, and appropriates $10 million for each year in the next biennium to fund the program. 58 The bill is passed by the Legislature on ―veto day‖ but is vetoed by Governor King. The House sustains the veto. In a separate bill, the cigarette excise tax is increased from 37 to 74 cents, effective 11/1/97. 59 The statutory language specifies that the increase is a ―public health measure.‖ The Tobacco Tax Relief Fund, a dedicated fund for cigarette excise tax receipts, is established. The Law also establishes the Tobacco Prevention and Control Program in the BOH, along with the Tobacco Prevention and Control Advisory Council. (The Office of Substance Abuse is no longer the agency charged with responsibility for educational programs.) $3.5 million from the Relief Fund is allocated to tobacco prevention and control for each year in the biennium (the first state dollars ever spent on tobacco control). 60 The Health Care Fund for Maine Citizens is established to receive tobacco money that might be forthcoming as a result of the litigation. 61 All provisions are effective 9/19/97 except the tax increase itself.June 1997 Maine files a lawsuit against tobacco companies on 6/17/97 in Kennebec County Superior Court.Sept. 1997 The vending machine law is amended to permit machines to be located only in areas where minors must be accompanied by an adult. The packaging law is amended to prohibit packages that contain fewer than 20 cigarettes. For point-of-service retail sales, all sales must be face-to-face so age of buyer can be identified; sales through the mail must be by DHS-approved procedures. For retail sales, seller must verify age of anyone under 27, by means of a photo ID. Effective 9/19/97. 62September 2008 8
    • (NOTE: The bill above, which was signed on 5/28/97 and became PL 1997, c. 305, inadvertently repealed the prohibition on purchase, possession and use of tobacco products by minors; before the effective date of 9/19/97, the error was corrected in a separate, emergency bill that went into effect on 6/25/97.63]Sept. 1997 Preemption for municipalities regarding regulation of tobacco displays, product placement and the time of tobacco product sales is repealed, effective 9/19/97. It is replaced by a requirement for notice to retail tobacco licensees 30 days prior to consideration of regulations regarding retail tobacco sales that would be stricter than state law. 64Sept. 1997 The public places law prohibiting smoking in the portion of a residence licensed for use as a day care or baby-sitting service is expanded to cover unlicensed residences and to prohibit smoking in adjacent areas from which smoke could enter the areas directly used for care. Effective 9/19/97.65Sept. 1997 The licensing scheme administered by the Tax Assessor is revamped and the annual fee for cigarette distributors is increased from $25 to $250, effective 9/19/97.661998 Maine‘s ASSIST grant ends and the CDC begins providing infrastructure funding under its National Tobacco Control Program.Apr. 1998 The City of Portland adopts a ban on smoking in all restaurants that do not have separately ventilated rooms for smokers. The law is challenged by a group of restaurant owners through a ballot initiative; in November, residents uphold the ban.June 1998 The law establishing the Tobacco Tax Relief Fund is repealed. 67 As a result, funding for the tobacco prevention and control program is eliminated. $3.5 million is later restored as a "capital advance" from the General Fund (see below). From this point forward, the tobacco prevention and control program is no longer funded by the tobacco excise tax. (Note that the repeal was in a bill that went into effect on 6/30/98, but the repeal itself was not effective until 6/30/99).Nov. 1998 Maine signs the Master Settlement Agreement.Dec. 1998 Maine settles its lawsuit against tobacco companies.May 1999 A bill to prohibit the use of juveniles in tobacco enforcement actions is defeated.68May 1999 Self-service display of tobacco products is prohibited. The law does not apply to multi-unit packaging of 10 units or more (i.e., cartons of cigarettes), or to tobacco shops or other locations where minors are generally prohibited. Effective 1/1/00.69September 2008 9
    • June 1999 The cigarette excise law is amended to permit collection of the tax directly from the purchaser if he/she purchases unstamped packages from someone other than a licensed distributor or dealer and the purchase totals more than two cartons. The tax may be collected anytime within three years from the date of purchase. Effective 6/5/99. 70June 1999 The Fund for a Healthy Maine is established by the Legislature to receive tobacco settlement payments; the FHM Trust Fund is also created.71 About $18.6 million is allocated to FHM programs, much of it contingent funding because no settlement payments has been received yet.72 A $3.5 million capital advance is made from the General Fund for tobacco programs to be paid back with settlement money. 73Sept. 1999 The restaurant exemption in the public places smoking law is repealed, effective 9/18/99. 74 Hotel lounges (which may or may not serve food) are exempt by virtue of their existing requirement to prohibit the presence of anyone under the age of 21. A new exemption is established for Class A lounges (which do serve food), because of the same alcohol-related age requirement. A new exemption is also created for off-track betting lounges, 75 but they are only required to prohibit the presence of anyone under the age of 18.Dec. 1999 The first MSA payments are received, totaling $35.7 million.Apr. 2000 Approximately $11.1 million in FHM is allocated to FHM Trust Fund (for FY 00 and FY 01); approximately $56 million is allocated to programs (including $18.3 million for tobacco prevention and cessation); and $25.54 million is reserved for future allocation (cash flow).76 $15 million is allocated for transfer to the General Fund. 77Aug. 2000 A new smoking exemption is created for pool halls that have at least 6 tables and generate at least 50% of their gross annual income from the sale of games of pool or the rental of pool tables. Like off-track betting lounges, they are only required to prohibit the presence of anyone under the age of 18.782001 Maine receives a grant from CDC for a pilot project to eliminate health disparities related to tobacco use.Apr. 2001 The law regulating smoking in hospitals is amended to omit the requirement to provide designated smoking areas for patients in psychiatric and substance abuse units and state mental health institutes; hospitals are permitted to do so, but are also permitted to make the entire campus (buildings and grounds) smoke-free. Effective 9/21/01.79May 2001 Another bill to prohibit the use of juveniles in tobacco enforcement actions is defeated. 80September 2008 10
    • June 2001 The cigarette excise tax law is amended to permit collection of the tax directly from the purchaser if he/she purchases unstamped packages from someone other than a licensed distributor or dealer and the purchase totals more than two cartons in any one month. Effective 6/13/01.81June 2001 FHM Trust Fund money ($11.1 million) is diverted to the General Fund and the Trust Fund is abolished; over $9 million is cut from FY01 program allocations and diverted to the General Fund; diversion of an additional $10,000,000 in FY 02 and $29.7 million in FY 03 is approved.82 Tobacco program allocations for FY 02 and FY 03 are not restored to the original level of $56 million.June 2001 A cigarette excise tax increase of 26 cents is approved. The new rate of $1 is effective 10/1/01. 83 Six cents of the increase is accomplished in a bill that provides access to health care for non-categorical adults at or below 100% of the federal poverty level, and is implicitly intended to fund that Medicaid expansion. 84 The legislation states that further expansion to 125% of the poverty level is dependent on whether the cost can be accommodated within allocated funding ($3,347,990 for the first year).Mar. 2002 Unspent program allocations from FY 01 and FY 02 are deallocated back to the FHM ―reserve‖. BOH is given an additional $1.8 million from the reserve, to be spent on tobacco programs in FY 03. $3.2 million of the reserve is diverted to the General Fund. Financial monitoring of the FHM is tightened. 85July 2002 Effective 7/25/02, the $250 annual fee for cigarette distributor licenses and the $25 annual fee for distributor licenses for other tobacco products are both repealed.86Mar. 2003 A bill to prohibit the use of juveniles in compliance inspections of tobacco retailers is defeated once again. 87Mar. 2003 A bill to increase Maine‘s tobacco excise taxes is reported out of the Taxation Committee with a unanimous ought-not-to-pass vote and dies in the Legislature.88Mar.-June 2003 The FHM biennial budget for 04-05 is established by the Legislature in a series of budget bills. 89 Total FHM budget is $49,876,024 for FY 04 and $49, 626,729 for FY 05. The tobacco program allocation for the BOH is $14,507,139 for FY 04 and $14,518,911 for FY 05. An additional $350,000 is diverted from FHM to General Fund in FY 03. 90 Money was returned to reserve from FHM programs in BOH (not just tobacco) due to audit of FY 01 contract expenditures. $6,412,290 is diverted from FHM to General Fund in FY 04,91 and another $300,000 is approved for diversion in FY 05. 92 The FY 04 diversion consists of $6 million already in the reserve, $112,290 from a deallocation from the leukocyte budget, and $300,000 from unexpended money in theSeptember 2008 11
    • FY 01 budget designated for tobacco HelpLine medications. All of the FY 05 diversion consists of a cut in the tobacco program evaluation budget.Mar.-June 2003 A bill to use 40% of all tobacco tax revenues to provide health care coverage for smoking-related illness is defeated,93 as is a bill to use tobacco settlement money to compensate individuals for personal injury from ―sidestream‖ (secondhand) smoke. 94 Bills to raise the legal age to purchase tobacco products,95 to use FHM money to subsidize interest payments on loans for employer-established bicycle facilities, 96 to amend the Constitution of Maine to require a 2/3 vote of each House to enact or increase any tax,97 and to raise alcohol taxes with 10% of new revenue to go to the FHM, are also defeated. Bills to require fire-safe cigarettes,98 to ban the sale of nicotine-laced water,99 and to increase the cigarette excise tax by 25 cents and use the money to fund health care safety net programs 100 are carried over.June 2003 A bill that would amend the Constitution of Maine to permanently require tobacco settlement money (FHM) to be spent only for nine health-related purposes falls slightly short of 2/3 vote needed in each House and is carried over. 1012003 The exemption in the public places smoking law for taverns, lounges and pool halls is repealed, effective 1/1/04. 102 The new law also repeals the provision permitting public places to install enclosed, designated smoking areas where no sales, services or other commercial activities are conducted. Finally, it creates an exemption for designated smoking areas (DSAs) in existing off-track betting facilities, as long as a) no sales or services are provided in DSAs except betting-related equipment; b) no employees work in or are required to pass through them; c) members of the public are not required to use or pass through them for any purpose; and d) no one under 18 is permitted in them. The $243,000, 3 ½-year fiscal note on the bill is paid for with the remainder of unexpended money in the FY 01 budget designated for tobacco HelpLine medications. Shortly after the bill is signed by Governor Baldacci, a group called the Maine Freedom Committee files two applications for people‘s veto referenda – one to overturn the tavern/lounge/pool hall law and a second to overturn both this law and the new law that repeals the smoking exemption for most licensed bingo/beano games. (See below.) The Secretary of State‘s office determines that signatures for the two laws may be collected in one set of petitions, but that if enough signatures are collected, two separate ballot questions will appear.2003 Effective 7/1/04 and pursuant to MCJUSTIS Policy Board recommendations, tobacco-related criminal code provisions and civil violation provisions in Titles 22 and 36 are revised.103July 2003 BOH issues a final rule for the public places smoking law. The rule contains the same ventilation standards, etc., that are contained in the Workplace Smoking Act rule. 104September 2008 12
    • Sept. 2003 The exemption for most licensed bingo/beano games in the public places smoking law is repealed, effective 9/13/03. High- stakes bingo/beano conducted by federally recognized Indian tribes remains exempt from the law. 105Sept. 2003 A new law requires DHS to adopt rules by 1/1/04 that address smoking in the homes and vehicles of foster parents. The rules must include ways to protect foster children from secondhand smoke, and are subject to legislative review and approval. 106Sept. 2003 A new law is passed, effective 9/13/03, that further regulates the delivery sales of tobacco products by extending the retail licensing law to anyone who wants to sell to consumers, whether through the Internet, by phone or other electronic method of voice transmission, or through a delivery service. In addition, all sellers must meet strict requirements regarding determination of the purchaser‘s age, provide age information to any delivery service used, use only delivery services that meet strict age verification requirements, meet strict package-labeling requirements, and report all sales to the State. The law also provides the AG‘s office with additional enforcement tools. 107Sept. 2003 Two new laws together tighten the regulation of tobacco manufacturers who are not participants in the Master Settlement Agreement. One ensures compliance with escrow requirements for NPMs108 and the other ensures payment of tobacco excise taxes on products of NPMs. 109 Tobacco distributors must certify compliance with the latter in order to be licensed by the Tax Assessor.Sept. 2003 The Maine Freedom Committee announces that it was unable to collect enough signatures to move forward with a ―people‘s veto‖ of the new laws that will eliminate smoking in taverns, lounges and pool halls, and in most licensed bingo and beano games. The group vows to seek to overturn the laws after they go into effect, through the direct initiative process.Jan. 2004 The Maine Freedom Committee announces that it does not have sufficient signatures or money to pursue a November 2004 referendum to overturn the new laws that eliminate smoking in taverns, lounges and pool halls, and in most licensed bingo and beano games. It vows to continue collecting signatures for presentation to the Legislature that will be elected in Nov. 2004.Jan. 2004 LD 713, the carryover bill that would have raised the cigarette excise tax by 5 cents and used the money for grants to support health care safety net programs, dies in the HHS committee.Jan. 2004 A bill to ban smoking in private clubs is submitted to Legislative Council, but the sponsor decides not to pursue it. 110Mar. 2004 A bill to require fire-safe cigarettes in Maine dies after the HHS Committee reverses its earlier majority support of the bill due to a fiscal note added to the bill (the fiscal note projects lost cigarette tax revenue as a result of consumer dissatisfaction with fire-safe cigarettes.)111September 2008 13
    • Apr. 2004 A supplemental budget for FY 04-05 allocates $410,000 from the FHM reserve in FY 04 to one of the FHM programs (non- tobacco).112Apr. 2004 LD 1612, the carryover bill that would have amended the Constitution of Maine to permanently require tobacco settlement money (FHM) to be spent only for nine health-related purposes, dies. However, for the first time since the FHM was established, no additional diversion of tobacco settlement money to the General Fund is approved in this legislative session.July 2004 The Legislature approves a modified version of a new rule adopted by DHS to address smoking by foster parents. The rule as finally adopted prohibits smoking in a foster home when a child is in placement or in respite care, and if child is away, within 12 hours of when the child will return. It also prohibits smoking in any vehicle of foster parent within 12 hours of transporting a child and when a child is present in the vehicle. Effective October 2004.113July 2004 A new law prohibits anyone from selling, furnishing, giving away or offering to sell, furnish or give away water intended for consumption and containing nicotine or an alkaloid having similar physiological activity. Effective 7/30/04.114July 2004 Voters approved the operation of slot machines at commercial racetracks in November 2003. A new law intended to tighten the regulation of slot machine operations allocates 10% of annual gross revenue to the FHM for use in the LCDEL prescription drug program. Effective 7/30/04.115July 2004 A new law changes the requirement for a retail tobacco license from lifetime to annual and raises the license fee from $25 to $50. All revenue is redirected to the General Fund, and the requirement that DHS pay the court system to help defray the administrative costs of retail tobacco licensing enforcement is repealed. Effective 7/30/04. 116Mar. 2005 A bill to require cigarettes sold in Maine to be fire-safe dies in the Criminal Justice and Public Safety Committee. 117Apr.-June 2005 Four bills to raise revenue for various purposes by raising tobacco taxes die. 118 A fifth bill is carried over for the purposes of addressing the substance of the bill (tax reform).119 A bill initiated by MCSOH to increase the cigarette tax from $1 to $2.50 also dies, 120 but tobacco taxes are raised in a supplemental budget bill (see below).Apr.-June 2005 Bills to prohibit smoking by amusement ride operators of rides serving children 12,121 to resolve licensing conflicts between the Dept of Agriculture and the Dept. of Health and Human Services, 122 to reorganize the Office of Substance Abuse, 123 to loosen the smoking restrictions for public bingo/beano games, 124 and to prohibit smoking near health care facilities and in vehicles carrying minors, 125 die.September 2008 14
    • May 2005 A seasonal mobile tobacco vendor license is established under the retail tobacco licensing law, in order to reduce the licensing costs for vendors who do business at multiple fairs and festivals in one season. Effective 5/20/05. 126 The fee for this license is to be integrated into the new sliding scale fee system required in the biennial budget bill (see below).June 2005 The new biennial budget allocates $49,501,587 to FHM programs for FY 06 and $50,299,252 for FY 07 (minus small amounts calculated later for diversion to the GF as health insurance savings and savings from extension of the amortization schedule of the MSRS).127 A supplemental budget bill later in the legislative session adds a small amount of funding to two FHM programs due to a decrease in the Federal Financial Participation Rate.128June 2005 A bill to remove licensing and other restrictions for delivery sales of cigars is carried over. 129June 2005 A bill to require a separate legislative vote on certain categories of allocations from the Fund for a Healthy Maine is carried over.130June 2005 A bill to allow nonprofit organizations and federally recognized Indian tribes that conduct high-stakes bingo/beano to conduct Texas hold ‗em poker games is carried over.131 (This bill raises issues regarding smoking in public places.) (Note: In the next session of the Legislature, the bill was amended in committee to exclude tribes, so the smoking issue became moot).132June 2005 A bill to set up a system of comprehensive community health coalitions and a process for certifying them, and to provide them with $50,000 of operational funding annually, is carried over. 133June 2005 A bill to authorize a tribal commercial race track and slot machines in Washington County is passed by the Legislature but vetoed by Governor Baldacci. The House sustains the veto.134 (This bill raised smoking issues, especially in light of the expansion of the smoking exemption for off-track betting/simulcast racing facilities. See below.) A second bill that would send the question to referendum is also passed by the Legislature. The Legislature adjourned before the Governor‘s time limit for acting on the bill had expired, but he indicated his intention to veto the bill when the Legislature reconvenes for a general session.135 A third bill dies in committee that would have allowed a federally recognized Indian tribe that holds a high-stakes beano/bingo license to operate 1,500 slot machines in the same facility. 136July 2005 The biennial budget amends the retail tobacco licensing law to require DHHS to implement a sliding scale fee schedule based on the relative size of various categories of licensees (taking into account things such as total sales, total cigarette sales, total square footage of the establishment and the relative size of the retailer‘s cigarette display). Total revenue generated must be no less than the $100 flat fee system generated. Effective 7/1/05. 137September 2008 15
    • Sept. 2005 A bill is passed that requires minors to be accompanied by a parent or guardian in order to enter a tobacco specialty store and sets a minimum age of 17 for retail clerks who sell tobacco. Clerks younger than 21 must be directly supervised by someone 21 or older. Effective date 9/17/05.138Sept. 2005 The public places smoking law is strengthened by tightening smoking restrictions for daycare facilities, closing some loopholes being misused by bars and other businesses that are required to be smoke-free, and strengthening enforcement (broadening the anti-retaliation provision, increasing fines for a pattern of conduct, and adding enforcement remedies such as injunctions for the AG‘s office). Effective 9/17/05.139Sept. 2005 The Workplace Smoking Act is strengthened by eliminating the ―opt out‖ provision for all workplaces except private clubs. Veterans‘ service organizations and other clubs not open to the public can continue to allow smoking indoors if all employees agree and if a majority of all members agree in a secret ballot vote held at least once every three years. Enforcement provisions in the law are also strengthened (similar to changes in the public places smoking law). Effective 9/17/05.140 A separate bill that would have banned indoor smoking in high-stakes bingo games run by federally recognized Indian tribes, in off-track betting facilities, and in private clubs licensed to sell food or alcohol dies in committee at the request of the sponsor.141Sept. 2005 A bill to expand the smoking exemption for off-track betting/simulcast racing facilities is passed. The law now allows the original six facilities that were granted the exemption to retain their exemption if they are moved within the same municipality and/or sold, provided that no slot machines are located in these facilities and provided that there is compliance with other restrictions meant to discourage use of the smoking rooms at OTBs/simulcast racing facilities by patrons of slot machine facilities. Effective 9/17/05.142Sept. 2005 Two resolves are passed, one that directs DHHS to review and assess the effectiveness of programs to help youth smokers quit143 and one that directs the Bureau of Health to develop an education and recognition program to encourage tobacco retailers to responsibly manage point-of-sale marketing materials. 144 Both are effective on 9/17/05.Sept. 2005 A second supplemental budget, effective 9/17/05, diverts $400,000 from the FHM to the General Fund in FY 06 (from unallocated FHM funds) and $4.6 million in FY 07 from program cuts, including a cut to the tobacco program. 145 That bill also allocates money for FY 07 to the FHM prescription drug program from projected racino revenues. 146Sept.-Oct. 2005 In the same supplemental budget bill, the cigarette tax is raised to $2 (effective 9/19/05), the tax on smokeless tobacco is increased from 62% to 78% of the wholesale sales price (effective 10/1/05), and the tax on other tobacco products is increased from 16% to 20% of the wholesale sales price (effective 10/1/05). 147 All of the new revenue is directed to the General Fund.September 2008 16
    • Jan. 2006 Maine is the first state in the country to receive all (four) A‘s for its tobacco program in a report card on all states issued by the American Lung Association annually. 148Jan. 2006 The carry-over bill to remove licensing and other restrictions for delivery sales of cigars dies in the HHS Committee.149Jan. 2006 The House sustains the veto of a bill authorizing a referendum on the question of a tribal commercial race track and slot machines in Washington County.150 (This bill was of concern because of the smoking issue.)Mar. 2006 A bill designed to establish a system of comprehensive community health coalitions and to set up a certification process for them passes as a resolve that a) directs DHHS to recognize and partner with such coalitions to provide public health assessment, education and services; and b) directs the Public Health Work Group (created under the State Health Plan) to set up two subcommittees – one to develop core competencies, functions and performance standards for the coalitions, and the other to develop a plan to integrate coalition work into the work and funding decisions of departments across state govt. Effective 3/17/06.151Mar. 2006 A bill to prohibit smoking in private clubs dies.152Mar. 2006 A new supplemental budget for the biennium is passed that a) restores $4.45 million of the $4.6 million FY 07 diversion to the General Fund approved last year (approx. $2.35 million in FY 06 and $2.1 million in FY 07) 153; b) allocates $1.6 million of the restoration to the FHM programs that were cut for FY 07, including the tobacco program;154 3) allocates an additional $250,000 in FY 06 and $100,000 in FY 07 to the tobacco program to help pay for increased use of the treatment initiative;155 reduces the FHM budget for the drug prescription program for both fiscal years due to reduced racino revenue projections (the 06 reduction is offset by money allocated in the program‘s General Fund account);156 and specifies that the FY 07 FHM revenue shortfall due to an ongoing MSA market share dispute will be proportionally allocated among all of the non-personal services accounts in the FHM unless funds are found elsewhere to cover the shortfall. 157 The total amended budget for the tobacco program is $14,445,990 for FY 06 and $14,691,699 for FY 07. (For all FHM programs it is $49,745,121 for FY 06 and $49,699,095 for FY 07, including allocated racino revenue.)Apr. 2006 The carry-over bill requiring a separate legislative vote on certain categories of allocations from the Fund for a Healthy Maine dies in the AFA Committee.158Aug. 2006 A bill to ease the restrictions on smoking in clubs by changing the voting procedure passes. 159 The new procedure, changing the vote from a majority of all members to a majority of members who vote, becomes effective 9/1/06.160 Clubs that followed the old procedure and whose members voted to allow smoking do not have to hold another vote until 9/1/08. (The law requires a new vote at least every three years.)September 2008 17
    • Aug. 2006 A bill that implements the recommendations of the Commission to Reform the State Budget Process passes, effective 8/22/06.161 Among other things, the new law shifts the starting point for the biennial budget from the traditional current services model to a modified flat-funded model (authorized positions plus flat-funded non-personal services). Justification will have to be provided for appropriations/allocations above flat funding. The FHM budget will be subject to these requirements.Aug. 2006 A bill passes that strengthens the ability of the State to collect taxes on tobacco products other than cigarettes, effective 8/22/06.162 Among other things, it requires retailers who purchase tobacco products from unlicensed distributors to be licensed as distributors themselves.Oct. 2006 Rules to strengthen workplace and public place laws are enacted on October 2.Jan.-June 2007 Tobacco tax increases (cigarettes: $1.00 and other tobacco: ad valorem by 50%) in the Governor‘s budget bill (LD 499, Part T) are stricken from the enacted budget bill.163 A committee amendment to a bill concerning the state sponsored health insurance plan, Dirigo, that includes increases to tobacco taxes, dies in the House.164 Bills to tax non-cigarette tobacco by weight165, to reclassify certain ―cigarette look-alike‖ little cigars (proposed by the Coalition) 166, and to ban smoking within and outside certain senior facilities167 die in committee.Jan. 2007 An ordinance is enacted on 1/8 by the City Council of Bangor that prohibits smoking in vehicles when minors under 18 are present.168Feb. 2007 The supplemental budget for FY 07 eliminated the projected shortfall (see text above at footnote 157) by repealing the section of the budget that de-allocated funding to the FHM and by providing funding to offset the fund-wide de-allocation. This action was taken due to larger than anticipated tobacco settlement and racino revenue, recalculation of the projected ‗disputed‘ sum to be withheld and overall re-projection by Revenue Forecasting in 12/06169. The amended 07 budget allocation for FHM is $55,424,583. The tobacco program FY 07 budget allocation remains the same: $14,691,699..March 2007 By means of a resolve providing for legislative review of the major substantive rules regarding workplace smoking, the HHS Committee adopts the proposed rules on an emergency basis, effective 3/22/07170.June 2007 The new biennial budget171 provides $61,061,536 to FHM programs for FY 08 and $63,753,402 for FY 09, including allocated racino revenue. This represents $11.36 million in additional funding for FHM programs in FY 08 and $14 million in FY 09September 2008 18
    • and $16.9/17.2 million ($2.3/$2.5 million increases) in FY 08/09 for the tobacco program. A total of over $5 million in FY 07 and in the new biennium was diverted from the FHM. $3,728,051 (net) of additional unallocated tobacco payments for FY 07 were diverted from the FHM to provide one time ‗seed money‘ for expenses of the MaineCare program in FY 07; unanticipated, unallocated racino revenue ($261,319) was also allocated to the Drugs for the Elderly (DEL) program in FY07. $1 million in each of FY08/09 (of ‗additional funds‘) originally earmarked in the Governor‘s budget for the Maine Tobacco Helpline was diverted to ‗seed expenses of the MaineCare program‖. A total of $330,000 --for school based health centers ($250,000) (transfer) and school breakfast programs ($80,000)(diversion) in 08 and 09 was re-directed from the funding proposed in the Governor‘s budget for the public health infrastructure (originally $1.8 million). A private and special law transferred $150,000 from the FHM in FY 08 to create a pilot drug buy back program within the Department of Public Safety, Drug Enforcement Agency. 172Sep. 2007 A bill passes that expands the ban on tobacco use on school grounds to all persons, not just students and employees. The ban applies year round, not just when school is in session.173 The bill permits a transition period until the effective date of the next contract negotiated after the effective date of the Act regarding any designated smoking areas for employees that may have been established through collective bargaining. (Note: There are no known contract- based indoor designated smoking areas currently.)Sep. 2007 A bill that addresses errors and inconsistencies in tax law (including the taxation of exempted unstamped tobacco products) passes. 174Sep. 2007 A bill passes that restricts the smoking exemption for tobacco specialty stores (the bill grandfathers, to a limited extent, two existing ‗stores‘).175 Only those specialty stores that have been licensed to serve or to permit the on premises preparation or consumption of food or drink prior to 1/1/07 may do so after the bill‘s effective date (9/20/07). Waterpipe (hookah) smoking is also prohibited in a tobacco specialty store newly licensed or that requires a new license after 1/1/07. As there is only one ‗store‘ offering hookah smoking which was newly licensed prior to 1/1/07, hookah smoking in any other store in Maine is effectively prohibited, as of 9/20/07.Sep. 2007 Resolve 34 directs DHHS, through PTM and MaineCare (OMS), to study best practice treatment and clinical practice guidelines for tobacco cessation treatment, using the most recent U.S. Public Health Service Guidelines available and to develop a model program for use in public and private sectors.176 DHHS must report back to the HHS committee by 1/15/08 and the committee may submit legislation related to the report.Sep. 2007 A bill passes that requires distributors not to sell cigarettes to a retailer unless the retailer shows documentation that he holds a current retail tobacco license.177September 2008 19
    • Jan. 2008 A bill passes that requires all cigarettes sold in Maine to be ‗reduced ignition propensity‘ (‗fire safe‘) cigarettes.178 This bill requires that cigarettes be manufactured in accordance with standards introduced in New York and subsequently adopted by Vermont, New Hampshire and Massachusetts. The bill requires cigarettes to be marked as ‗fire safe‘, establishes penalties and forfeitures of products sold or offered for sale in contravention of the law. The fire marshal may adopt rules to implement the law. A fund is created to hold monies collected from penalties assessed. Distributors and retailers may sell existing ‗floor stock‘ stamped inventory, under certain conditions.Jan. 2008 A bill passes prohibiting the sale or distribution of flavored cigarettes or cigars unless they were first on the market prior to 1/1/85.179 A flavored cigarette or cigar sold after 1/85 may be exempted from the ban if approved by the Attorney General (AG). The exemption requires a determination that the product does not have a ‗characterizing flavor‘ and associated packaging, promotion and brand style that directly or indirectly targets youth or encourages the initiation of smoking. A list of flavored cigarettes and cigars that may be sold in the State must be maintained on a website by the AG. Hard (dissolvable) snuff sale is also banned. The AG must adopt rules on exemptions by 1/15/08 and report to the joint Health and Human Services (HHS) committee by 2/1/08.Jan 2008 A preliminary study report prepared pursuant to Resolve 34 (see reference at endnote 176 above) outlining a model for ‗best practice treatment‘, describing the toll and demographics of tobacco addiction and the proposals to improve state financed coverage of treatment is submitted by DHHS to the HHS Committee on 1/15. The Resolve workgroup‘s request in the preliminary report to provide a final report by December, 2008, is acknowledged by the HHS Committee.Feb. 2008 The U.S. Supreme Court in a unanimous decision180 affirms the Court of Appeals for the First Circuit, striking down two provisions of Maine‘s delivery sales law (revised in 2003) as pre-empted by federal law (FAAAA). The court alluded to alternative options Maine might consider such as prohibiting all delivery sales of tobacco. Provisions that require internet sellers to verify age remain in force.Feb. 2008 An (emergency) Resolve passes that permits DHHS to resubmit for filing its adopted major substantive rules concerning workplace smoking.181 The rules were subsequently filed with the Secretary of State and were effective April 28 182March 2008 A bill dies in Committee providing a tax credit to employers for the expense of instituting and maintaining wellness programs including behavior modification programs for smoking cessation for their employees at $100 per employee, up to $10,000. 183March 2008 A bill seeking to use FHM funds to finance an Office of Child Advocate dies on the Appropriations table. 184 A bill (supported by the Coalition) outlining a cancer prevention program and a plan for funding which included an increase in tobacco taxes dies on the Appropriations table. 185September 2008 20
    • March 2008 A bills seeking to use FHM funds to increase state support for the school breakfast subsidy dies when the Senate adjourns sine die but the initiative receives FHM funds through the supplemental budget bill (see below). 186March 2008 A bill 187 passes that repeals the ban (see reference above at endnote 179) of the sale of hard (dissolvable) snuff which went into effect 9/20/07. The law incorporates an amendment to the original bill that clarifies the emergency preamble related to the purported health advantages of hard snuff.March 2008 A bill188 , with language originally modeled after the Bangor ordinance (see reference at endnote 168), passes that prohibits smoking in a motor vehicle by the operator or a passenger when a person under 16 is present, whether or not the window is open. The law is a primary offense; that is, a vehicle can be stopped based on this suspected violation alone. The age of the non-smoking passenger is reduced, by amendment, from under 18 to under 16 years on the rationale that a 16 year old has a choice—he can drive. The amendment also prohibits searches based solely on a violation of this law, limits the penalty for violating the law to the first 12 months of its taking effect to a warning and retains a violation after that time as a civil violation for which a fine of $50 may be assessed or a warning given, in the discretion of the law enforcement officer. A violation of this law is not a ‗moving violation‘ (hence, cannot be a basis to increase insurance rates).March 2008 The legislature passes a supplemental budget bill 189 on March 31 before adjourning the 123rd, 2d regular session. The budget is effective June 30 and impacts FY08 funding. (From April 1-18, the 1st special session of the 123rd legislature is convened.) The supplemental budget190 diverts a total of $2,265,450 from FHM unallocated funds (mostly audited recoveries for non- tobacco programs. A small amount is deallocated from FHM in FY09 due to an increase in the FMAP. In addition, Part A diverts (―reallocates‖) $2,575,900 from FHM existing programs to MaineCare: $1,590,000 in FY08 and $985,900 in FY09191 . Total diversions in the FHM budget:$1.8/$3 million FY08/09 or $4.84 million over the biennium. See below for additional $5 million FHM diversion to fund Dirigo. The total amended budget for the tobacco program for FY08/09 is $15,516,452/$16,426,928 and for the entire FHM: $61,083,915/$64,307,067.March 2008 A bill192 transferring authority for tobacco law enforcement to a Department of Substance Abuse Services dies in Committee.April 2008 A bill193 passes that amends the 2007 law (see reference at endnote 179) prohibiting the sale of flavored cigarettes or cigars. A flavored cigarette or cigar on the market after 1/85 may be exempted from the ban if the Attorney General (AG) determines that its characterizing flavor is not one ‗known to appeal or likely to appeal to youth‘. The ‗associated packaging promotion or brand style‘ language was eliminated. The original law was also amended to require that after an exemption is granted for a product, the manufacturer has an affirmative duty to inform the AG of a material change in characterizing flavor and the AG can revoke an exemption if he determines that a material change has been made. The AG‘s proposed rules regardingSeptember 2008 21
    • exemptions were approved by a Resolve. 194 These rules must now be revised to reflect the above changes to the law before the ban, which begins 7/1/09.April 2008 A bill195 passes that provides new sources of funding for the state sponsored health insurance program, Dirigo Choice. The majority report (Coalition supported) replaced the tobacco tax increases in the original bill with a package that included a cigarette tax increase of $0.50 and ‗other tobacco‘ tax increases equivalent to the cigarette tax rate. The tobacco tax increases of the original bill and majority report are replaced by beer, wine and soda taxes before passage. The law also requires the state budget officer to transfer to Dirigo from FHM $5 million (FY09 allocation) by financial order. It is unclear whether this extends into other fiscal years. In FY09, FHM existing programs will not be affected by this provision since the unallocated balance (which exceeds $5 million) must be tapped first. The law also requires the HHS Committee to meet to consider the ―structure, accountability and appropriate level of legislative and independent oversight of the FHM‖ and report back to Appropriations by October 1, 2008, with recommendations.1 PL 1897, c. 3332 PL 1909, c. 1233 PL 1909, c. 1664 PL 1939, c. 2085 PL 1941, c. 2986 PL 1945, c. 89, § 17 PL 1945, c. 298, § 308 PL 1947, c. 3779 PL 1949, c. 17110 PL 1949, c. 409, § 111 PL 1951, c. 25012 PL 1953, c. 429. PL 1955, c. 405, § 48, repeals c. 429 and replaces it with a version that includes accurate statutory citations.13 PL 1955, c. 359, § 414 PL 1961, c. 372, §§ 1, 215 PL 1965, c. 343, §§ 1, 216 P&SL 1967, c. 154, §§ G 1, 217 P&SL 1967, c. 191, §§ E 1, 218 PL 1969, c. 295, §§ 6, 7.19 P&SL 1971, c. 117, §§ E 1, 220 PL 1973, c. 76821 PL 1977, c. 477, §§ 13, 1422 PL 1977, c. 696, § 288, effective 3/31/7823 PL 1979, c. 508, § 1. PL 1983, c. 828, § 13 added the word ―exclusively‖.24 109th Maine Legislature, LD 11September 2008 22
    • 25 109th Maine Legislature, LD 12526 109th Maine Legislature, LD 55027 PL 1981, c. 33328 PL 1983, c. 22629 PL 1983, c. 23930 PL 1983, c. 29331 PL 1983, c. 477, Pt F, subpart 2. Two cents is the size of the increase in 1974 that was intended to be used for the catastrophic medical expense fund. The purpose of thisamendment is to clarify that if a similar federal program starts, the tax will be reduced only by two cents.32 PL 1983, c. 859, Part M, § 833 PL 1985, c. 11534 PL 1985, c. 12635 PL 1985, c. 783, § 16; PL 1985, c. 819, Pt. A, § 48 (changes effective date)36 PL 1987, c. 349, Pt. H, § 1337 PL 1997, c. 458, § 638 PL 1987, c. 12739 PL 1987, c. 19140 PL 1987, c. 33241 PL 1987, c. 68742 PL 1989, c. 21043 PL 1989, c. 24144 PL 1989, c. 31445 PL 1989, c. 44546 PL 1989, c. 45147 PL 1989, c. 588, Part D, §§ 1, 448 CMR 10-144, c. 250. The rules were amended in 199749 PL 1989, c. 715. The conflict between c. 210 and c. 241 regarding numbering of sections was corrected in PL 1989, c. 878, Pt. G, §§ 1 and 2.50 PL 1989, c. 74351 PL 1991, c. 36652 PL 1991, c. 50153 PL 1993, c. 301. RR 1993, c. 1, § 52, corrects a clerical error.54 PL 1993, c. 342, § 1, aff. § 955 PL 1995, c. 470, § 9, aff. § 1956 PL 1995, c. 593, § 357 Projected Smoking-Related Deaths Among Youth – United States, MMWR 45 (44), pp. 971-975 (Nov. 8, 1996). Data in report obtained from BRFSS data for 1994 and 1995.58 118th Maine Legislature, LD 188759 PL 1997, c. 560, Pt. A60 PL 1997, c. 560, Pt. D61 PL 1997, c. 560, Pt. F62 PL 1997, c. 305; clerical error corrected in PL 1997, c. 393, Pt. D, § 163 PL 1997, c. 562, Pt. D, § 364 PL 1997, c. 6365 PL 1997, c. 150September 2008 23
    • 66 PL 1997, c. 45867 PL 1997, c. 643, Pt. T68 119th Maine Legislature, LD 205269 PL 1999, c. 31470 PL 1999, c. 414, § 3771 PL 1999, c. 401, Pt. V, § 172 PL 1999, c. 401, Pts HH, MM, NN, OO, PP, QQ, KKK, LLL, MMM,. NNN, TTT73 PL 1999, c. 401, Pt. V, § 474 PL 1999, c. 5475 PL 1999, c. 42176 PL 1999, c. 731, Pt. RR77 PL 1999, c. 731, Pt. WW78 PL 1999, c. 76079 PL 2001, c. 5980 120th Maine Legislature, LD 1481 PL 2001, c. 396, § 3182 PL 2001, c. 358, Pt. Q83 PL 2001, c. 439, Pt. SSSS; c. 450, Pt. D84 PL 2001, c. 450, Pt. A, § 2; Pt. C; Pt. D85 PL 2001, c. 559, Pt. AA86 PL 2001, c. 526, §§ 3 and 487 121st Legislature, First Regular Session, LD 8988 121st Legislature, First Regular Session, LD 20989 PL 2003, c. 20, Pt. A, § 25; Pt. B, § 1. PL 2003, c. 451, Pt. A, § 1; Pt. C, § 1; and Pt. Y, § 1. P & SL 2003, c. 31.90 PL 2003, c. 51, Pt A, § 191 PL 2003, c. 20, Pt. D, § 25; PL 2003, c. 451, Part MM, § 192 PL 2003, c. 451, Pt. C, § 193 121st Legislature, First Regular Session, LD 68494 121st Legislature, First Regular Session, LD 7495 121st Legislature, First Regular Session, LD 98296 121st Legislature, First Regular Session, LD 84797 121st Legislature, First Regular Session, LD 80198 121st Legislature, First Regular Session, LD 112799 121st Legislature, First Regular Session, LD 1631100 121st Legislature, First Regular Session, LD 713101 121st Legislature, First Regular Session, LD 1612102 PL 2003, c. 493103 PL 2003, c. 452, Pt. K, §§K-4 through K-9; Pt. U, §§ U-9 through U-15.104 10-144, Chapter 249, Department of Human Services, Bureau of Health, Division of Community Health, Rules Relating to Smoking in Public Places.105 PL 2003, c. 379106 P&SL 2003, c. 24107 PL 2003, c. 444September 2008 24
    • 108 PL 2003, c. 435109 PL 2003, c. 439110 121st Legislature, Second Regular Session, LR 2723111 LD 1127, carried over from the 121st Legislature, First Regular Session112 PL 2003, c. 513, Part AA. The money is allocated to the FHM ―Medical Care‖ account ―to support a portion of the cost of not adopting rules to create two benefit levels inLCDEL and not increasing the catastrophic cap [from $1,000] to $1,200 per benefit year.‖ Both had been proposed by the Governor as cost-saving measures.113 R 2003, c. 134; DHS, Bureau of Child and Family Services, 10-148, CMR c. 16, § 9(K).114 PL 2003, c. 623115 PL 2003, 687, Pt. A, § 4. 10% of gross revenue is equivalent to 1% of the ―slot handle‖, or total money wagered.116 PL 2003, c. 673, Pt. CC. The repealed statutory provision is 22 MRSA §1559-A.117 122nd Legislature, First Regular Session, LD 104118 122nd Legislature, First Regular Session, LD 130, LD 705, & LD 1314; 122nd Legislature, First Special Session, LD 1448119 122nd Legislature, First Special Session, LD 1595120 122nd Legislature, First Special Session, LD 1617121 122nd Legislature, First Regular Session, LD 954122 122nd Legislature, First Regular Session, LD 1262 (this would have affected licensing of smoke-free restaurants, etc.)123 122nd Legislature, First Regular Session, LD 1350 (this could have involved moving the tobacco program out of the BOH)124 122nd Legislature, First Regular Session, LD 1417125 122nd Legislature, First Regular Session, LD 1468126 PL 2005, c. 145127 PL 2005, c. 12, Part A, § 1128 PL 2005, c. 386, Part A, § 1129 122nd Legislature, First Regular Session, LD 950130 122nd Legislature, First Regular Session, LD 1311131 122nd Legislature, First Regular Session, LD 1145132 122nd Legislature, Second Regular Session, H-550133 122nd Legislature, First Special Session, LD 1614134 122nd Legislature, First Special Session, LD 1573135 122nd Legislature, First Special Session, LD 1690136 122nd Legislature, First Regular Session, LD 1274137 PL 2005, c. 12, Part TT138 PL 2005, c. 223139 PL 2005, c. 257140 PL 2005, c. 338141 122nd Legislature, First Regular Session, LD 160142 Pl 2005, c. 362143 Resolves 2005, ch. 44144 Resolves 2005, ch. 46145 PL 2005, c. 457, Part II, § 2146 PL 2005, c. 457, Part QQ, § 3147 PL 2005, c. 457, Part AASeptember 2008 25
    • 148 State of Tobacco Control: 2005, American Lung Association, January 2006149 122nd Legislature, First Regular Session, LD 950150 122nd Legislature, First Special Session, LD 1690; veto sustained on 1/10/06151 Resolves 2005, c. 139152 122nd Legislature, Second Regular Session, LD 1926153 PL 2005, c. 519, Part N154 PL 2005, c. 519, Part FFF155 PL 2005, c. 519, Part A156 PL 2005, c. 519, Part A157 PL 2005, c. 519, Part AA158 122nd Legislature, First Regular Session, LD 1311159 PL 2005, c. 581160 PL 2005, c. 683. This is an errors and inconsistencies bill which changes the effective date from 8/1/06 to 9/1/06, due to the late adjournment of the Legislature.161 PL 2005, c. 601162 PL 2005, c. 627163 123rd Legislature, First Regular Session, LD 499 (enacted version PL 2007, c. 240)164 123rd Legislature, First Regular Session, LD 1890165 123rd Legislature, First Regular Session, LD 1375166 123rd Legislature, First Regular Session, LD 1181,167 123rd Legislature, First Regular Session, LD 1751168 Article IX, Sections 291-70 and 291-71 of the Code of the City of Bangor—Smoking in Motor Vehicles, effective 1/19/07169 PL 2007, c.1, Parts A and M ($7,556, 128: $8,391,658 less $810,000 from DEL and $26,000 other funds) (emergency), effective 2/13/07170 Resolve, c. 4, (emergency) effective 3/22/07171 PL 2007, c. 240, Part BBB, Part A (emergency) effective 6/7/07172 P &S Law 2007, c. 27173 PL 2007, c. 156 The bill also prohibits brand specific food or beverage advertising on school grounds, except for water, in print or broadcast media on clothing or in productpackaging.174 123rd Legislature, First Regular Session, LD 1739175 Resolve 2007, c. 180176 Resolve 2007, c. 34177 Pl 2007, c. 172 This relates to requirements of the oversight federal agency concerning state enforcement efforts.178 PL 2007, c.253179 PL 2007, c. 467, Bill‘s provisions banning flavored cigarettes and cigars is effective 7/1/09 (with a grace period for existing stock ending 12/31/09); the bill‘s ban on hard snuffis effective 9/20/07.180 Rowe v. NH Motor Transport Association, Inc., 552 U.S. __ (2008) ) The two provisions struck down were: the presumption that a delivery service is ‗deemed to know‘ that a package contains tobacco, under certain circumstances, and the requirement that a delivery service observe specified age-verification procedures.181 Resolve, c. 149 (emergency) Effective 2/2/08182 10-144, c. 250 Dept. of Health and Human Services, Maine CDC, Rules Relating to Smoking in the Workplace (effective 4/28/08)183 123rd Legislature, Second Regular Session, LD 2059 rd st184 123 Legislature, 1 Special Session, LD 2311 rd st185 123 Legislature, 1 Special Session, LD 2098 rd st184 123 Legislature, 1 Special Session, LD 2311September 2008 26
    • 185 123rd Legislature, 1st Special Session, LD 2098186 123rd Legislature, 2d Regular Session, LD 1997 .187 PL 2008, c. 487 (emergency) Effective 3/6/08188 PL 2008, c. 591 Effective 9/1/08 (LD 2012, as amended) LD 2085, similar to LD 2012, has a different sponsor and dies in committee.189 PL 2008, c. 539 Effective 9/30/08190 Id. Parts HHH, §§ 1-5, Part B, § 1, Part IIII, § 4191 Id. Part A-28 ($1,490,000/$846,000—total: $2,336,000--diverted from existing programs in the tobacco program in FY 08/09)192 123rd Legislature, Second Regular Session, LD 2004193 PL 2008 c. 612 (emergency) Effective 4/14/08194 Resolve 2008, c. 178 (emergency) Effective 4/1/08195 PL 2008, c. 629 (Generally effective 7/18) A provision that allocates to Dirigo the difference between projected ‗other tobacco‘ revenue and actual revenue was inadvertently retained in the enacted bill. This revenue, if any, must be transferred to the Dirigo Enterprise Fund until the provision is repealed in the 124th session.September 2008 27