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Lorillard

870000 State of the States

Date: 1987
Length: 74 pages
80420296-80420369
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REPT, OTHER REPORT
Alias
80420296/80420369
Site
G65
Area
SPEARS/OFFICE
Characteristic
OVER, OVER SIZE DOCUMENT
Litigation
Nyag/Produced
Date Loaded
28 Apr 1999
Named Organization
American Cancer Socie
American Heart Assn
American Lung Assn
Ash, Action on Smoking & Health
Associated Grocers Me
Associated Industries
Bath Iron Works
Cbs
Chamber of Commerce
Chrysler
Democratic Farm Labor
Digital Equipment
Gm
Healthy Majority
Health Education Cons
Helena Lung Assn
Honeywell
Independent Repuplican
King Louie
Ks City Fire Dept
Ky Assn of County Off
Ky County Judge Execu
Ky Dept Health + Huma
Ky House
Ky Municipal League
Ky Senate
Ky Treasurers Assn
La Assn of Business +
La Hotel Motel Assn
La House Health + Wel
La Restaurant Assn
La Wholesale Grocers
Lincoln Chamber of Com
Louisville Fire Dept
Mama
Ma Automatic Merchand
Ma Dept of Revenue
Ma Food Assn
Ma Puplic Health Counc
Ma Senate
Md Assn of Retail Mer
Md Assn of Tobacco + C
Md Dc Vending Assn
Md Farm Bureau
Md Hotel Motel Assn
Md House
Md House Environmenta
Md Legislature
Md Nurses Assn
Md Restaurant Assn
Md Senate
Md Senate Budget + Ta
Md Tobacco Growers As
Me Bakery Confectionar
Me Cancer Society
Me Chamber of Commerce
Me Grocers Assn
Me Heart Assn
Me House
Me Joint Taxation Comm
Me Lung Association
Me Merchants Assn
Me Senate
Miami Dolphins
Mid Atlantic Food Dea
Mid Maine Medical Cent
Mi Chamber of Commerce
Mi Democratic Party
Mi General Assembly
Mi House
Mi Senate
Mn Dept of Health
Mn House
Mn Legislature
Mn Senate
Mn Technical Advisory
Montgomery County Cou
Mo Assn Candy + Tobac
Mo Chamber of Commerc
Mo Hotel Motel Assn
Mo House
Mo Restaurant Assn
Mo Retailers Assn
Mo Senate
Ms Assn of Convenience
Ms Cancer Assn
Ms Heart Assn
Ms House
Ms Lung Assn
Ms Mfg Assn
Ms Senate
Ms Senate Health + We
Ms Senate House Ways +
Mtcdva
Mt Assn of Tobacco +
Mt House
Mt Restaurant Assn
Mt Retail Assn
Mt Senate
Nba
New England Convenien
New England Wholesale
New Orleans City Coun
Ne Legislature
Nh Branch Amer Lung As
Nh Business + Industry
Nh Chamber of Commerce
Nh Hospitality Assn
Nh Retail Grocers Assn
Nh Senate
Nh State Employees Ass
Nj Afscme
Nj Assembly
Nj Business + Industry
Nj Chamber of Commerce
Nj Legislature
Nj Senate
Nrc
Nv Legislature
Omaha Chamber of Comme
Pine State Candy + Tob
Pine Tree Vending
Public Service of Nh
Reno Chapter of Ala
Seabrook Nuclear Power
Seven Eleven Stores
Seven Up
Southern Nh Business +
Sperry Rand
St Louis Fire Dept
Tn Valley Authority
Tobacco Distributors
Tobacco Product Liabil
Vending Assn Golf Stat
Wang
3m
Named Person
Abdnor, J.
Adams, B.
Alexander
Andrews, H.
Andrews, M.
Austad, R.
Bailey, D.
Baliles, G.L.
Ballenger
Bellmon, H.
Bivens, S.
Bragg, J.
Broyhill
Casey, R.E.
Celeste
Chafee, J.
Clarke
Clements, W.
Coffin, R.
Conrad, K.
Custer, G.A.
Dangerter
Darnell, R.
Daschle, T.
Dawida, M.
Deberry, L.
Diprete
Doran, H.
Douglass, G.
Dunn, G.
Earl, A.
Edwards, V.
Flynn, J.
Garvey, E.
Gibbons, H.
Gillespie, W.
Goldschmidt, N.
Gorton, S.
Grannis
Hanaway, D.
Hanson, G.
Herseth, L.
Hickock, W.W.
Hodges, J.
Huddleston, R.
Janklow, W.
Johnson, T.
Kasten, R.
Kimball, S.
Koch
Kunin, M.
Lafollette, B.
Leichtman, A.
Mccallum, S.
Mccarthy, J.
Mcelroy, E.
Mcgovern, G.
Mckown, P.
Mcnally, R.
Mcwherter, N.
Mickelson, G.
Moise, M.
Murray, E.
Myers, R.
Packwood
Patrick, B.
Paulus, N.
Peterson, D.
Price
Risser, F.
Roberts, D.
Rossie, R.
Sanders, B.
Sanford, T.
Schoenwald, L.
Singel, M.
Sinner, G.
Smith, T.
Starnes, P.
Sununu
Terry, M.S.
Thompson, T.
Thurber, M.
Tindal, L.
Violet, A.
White
Wieczorek, D.E.
Wilder, J.
Wilder, L.D.
Willey, E.E.
Wimmer, J.W., J.R.
Wright, R.
Master ID
80420206/0485
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Kentucky, page 3 C Finally, Kentucky is the headquarters for Brown and Williamson Tobacco Company. In addition, Philip Morris, Lorillard, Pinkerton Tobacco and R. J. Reynolds have manufacturing or processing operations here. Many people are involved in the tobacco industry in Kentucky, literally from the seedbed to the supermarket. Each of the groups mentioned is considered a resource. Business In the past we have had excellent cooperation from the Kentucky Chamber of Commerce and Associated Industries of Kentucky. These organizations are actively supported by many members of our industry coalition. They are aware of the tobacco industry's impact on Kentucky's economy. The local chambers in Louisville, Northern Kentucky, Lexington, Paducah, Bowling Green and Owensboro are all cognizant of tobacco's importance. They work cooperatively with TI staff to prevent restrictive measures. ' We share common interests with the Kentucky Bankers Association, Kentucky Retail/Wholesale Grocers and the Kentucky Restaurant Association. In Kentucky we are fortunate to have governmental organizations interested in tobacco. We have good working relationships with the Kentucky County Judge/Executives Association, Kentucky Municipal League, Kentucky Association of County Officials, and the Kentucky Treasurers Association. Most members of these groups are touched by the tobacco industry. Many are tobacco farmers or have family involved in tobacco farming. Labor Louisville and Lexington -- and Kentucky in general -- are heavy in union organization. Representative Ron Cyrus heads the AFL-CIO. He has been a friend and supporter of tobacco, and we have received support from his staff. Fire Groups The Louisville Fire Department requested support from our member companies for a smoke detector program in 1985. TI contributed in their behalf. It has not been necessary to ask any fire group in Kentucky for legislative support. ANTI-TOBACCO FORCES There are no organized groups in Kentucky that attempt to disrupt the tobacco industry. A group called H.E.C.K., or Health Education Consortium of Kentucky, which is comprised of doctors, nurses and some educators, is the closest we have to an anti-tobacco organization. Thus far, they have been ineffective.
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Kentucky, page 4 The Department of Health and Human Services began observance of national "smokeout" day under Governor Brown. Brown, whose wife is no friend of tobacco, was the first Kentucky Governor ever to sign anything condemning tobacco. TOBACCO INDUSTRY Brief History of Successes and Problems We have been successful in defeating all attempts to increase the three-cent cigarette tax, or to restrict the use of tobacco in Kentucky. Not to be repetitive, but this state depends on tobacco for much of its livelihood. Farmers, warehousemen, importers/exporters, auctioneers, leaf processors, manufacturers, wholesalers and retailers are all involved in state and local politics. They are involved in business and social organizations. Leaders in the academic community recognize tha.t tobacco supports the university system. There was a rift in the tobacco family in the 1986 session. It was caused primarily by House Speaker Pro Tem Pete Worthington. He agreed with Congressman Rose's ideas and introduced a cigarette tax to trigger when the price supports went below a specific level. The cigarette tax would have funded income tax credits for Kentucky burley producers. When the Kentucky Farm Bureau broke ranks we were unable to hold the bill on the House floor. We were, however, able to keep the bill in committee in the Senate. The most difficult part of TI's job is to communicate with all segments of the industry and to ascertain whether they are moving along the same path on specific issues. Major Issues -- State and Local The major issues will remain: Health care cost containment The tobacco support program The loss of revenue sharing Workman's compensation Outlook =. There is no session scheduled for 1987. However, there have been repeated statements on the need for a special session to deal with workman's compensation and other business problems. We should remain watchful in this regard. If there is a special session, there will be efforts to expand the call. ( e December 1986
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No state has seen more drastic changes in its economy and standard of living in the past generation--up, down, and sideways--than Louisiana. Forty years ago its income level was about 60 percent of the national average; as late as 1970 it was about 75 percent. In the early 1980s it reached 90 percent; and so, accounting for differences in local taxes and cost of living, income levels in Louisiana had essentially reached the national average. ( C Yet as the 1980s went on and the national recovery surged ahead, Louisiana slumped._ Its unemployment rate was, suddenly, one of the nation's highest, and income growth stopped. This may just look like a pause on the charts, but for many Louisianans it spelled catastrophe. The reason is that Louisianans had come'to expect rapid growth, had banked on it, literally; citizens made all their plans on that basis. New Orleans, even in its poor neighborhoods. When prosperity failed to show up, they were in trouble. As a symbol of the situation, the 1984 World's Fair in New Orleans serves nicely. Planned on an unrealistically optimistic basis (it was outdoors and open mostly during the•steamy Louisiana summer), it was overpriced for tourists and nbt of much interest to business travelers. It was sloppily and perhaps scandalously financed by the state government and wound up millions of dollars in debt. .::;.. _ Since 1935, proteges of former Governor Huey Long and members of the Long family have held high political office in Louisiana. Elections for 30 years split on pro- and anti-Long lines. Huey Long built a coalition of the rural poor, including some blacks, against the rich and better off. He never, however, did well in always allowed to vote. What is so amazing is that this structure of politics was superimposed on a state already divided i•n two other ways. First was division by race. Although Louisiana has always had a large black population (in 1980 the third highest black percentage among states), many blacks, especially in New Orleans, were The other division was between Catholic and Protestant, Cajun and Baptist. About one in every six Louisianans today speaks French as his native tongue.
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Louisiana, page 2 In short, there are many cultural differences between the teetot°aling Baptists of northern Louisiana and the beer-drinking Cajuns of the south, and those differences emerge from time to time in politics, usually in no more threatening form than a preference for a candidate of one religious background or another. Louisiana's rapid economic growth for a time smoothed over some of these old divisions: elections are not referenda on the Longs any more, racial issues are submerged if not gone, and cultural hostilities between Cajuns and Baptists are of little importance. Louisianans are family people, with lots of children. The politics of cultural variety is not yet a major factor here. As for politicians and businessmen, they are judged by results, not the process by which they achieve them, ends justify the means. STATE OVERVIEW Economic Condition and Outlook Presently the Louisiana economy is in its worst position since the Great Depression. Oil is at $15 a barrel, gas is down proportionally. Drilling is way down, offshore activity is limited. Thousands of vessels, rigs, etc., are rusting away along the banks of rivers and bayous. Unemployment is the highest'in the nation, with some areas in the 30 percent category. Agriculture is down. Soybean farmers are going out of business. Sugar cane farmers are barely able to survive. Real estate values are down. Farm land value is down from $1,500 per acre to $600 - $800 per acre. Some banks are in trouble, some have closed as a result of the economy. - Tax revenues have been reduced by at least 20 percent in just about all areas. The state has a deficit for the 1984-85 fiscal year of about $200 million and a projected 1985-86 fiscal year deficit of $177 million, total $386 million. This is after a 10 percent cut across-the-board ordered by the governor. Economic and fiscal conditions will cause our industry to be: a. An appealing target for increasing state taxes. b. Faced with legislation giving all other taxing bodies the right to tax tobacco. The New Orleans consumption -.•.tax is an example of this sort of tax. - c. Subject to legislation allowing the state to keep all of the proceeds of the present tobacco taxes, thereby encouraging local governments to levy their own taxes. d. Hit with a smokeless tobacco tax. There is presently no tax on smokeless products.
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( C Louisiana, page 3 Political Situation The present political situation in the state is highly disorganized. It is felt that up to 50 percent of the present members of the legislature may not be back for many reasons after the next elections in 1987. It is generally concluded, by people in the know, that the present governor will not run again. However, he should not be counted out yet. There is a long line of possible candidates. Of the Republicans, only one will make the race. He will be selected by the Republican party and the rest will close ranks and support him. The Democrats may not be so cooperative. The race is wide open and it's anybody's guess who the winner will be. In order to solve the short-range fiscal problems, the governor called a special session in December 1986. While the call was open to all forms of revenue-raising, no increase in the state excise tax was proposed. A defeated bill would have allowed for local governments to tax tobacco and other products, however. As yet, there are no long-range plans for solving the state's fiscal problems. , Significant State Problems The state faced a deficit in 1986. The revenue shortage will cause a decrease in government services, a general increase in taxes, or both. Money is needed ta fund education, including parochial schools which presently receive public funds. The state owns hospitals, which are not_ profitable. Prisons are overcrowded, and the unemployment rolls are a burden. There is a need to restructure the property tax. By lowering the homestead exemption, the pressure on local communities would be lessened. Added to all of these problems, Louisiana state government is bloated with high-paid bureaucrats. It will take decisive, bi-partisan action by leadership to put Louisiana back on the path to financial security. RESOURCES: STRENGTHS AND WEAKNESSES Tobacco Segments There are fewer than ten tobacco farmers in Louisiana. They have almost no impact on legislation. The perique tobacco grown there is sold through the only warehouse for chewing and pipe blends. It is grown for export to European and Asian countries. The wholesale and vending segments of our industry are active politically. They participate at the local and state levels of ;vovernment. The wholesale association has a full-time executive elirector who lobbies. She works closely with TI's lobbyist.
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Louisiana, page 4 Business We have worked with the Hotel/Motel Association, Restaurant Association and the Wholesale Grocers' Association. The Institute is a member of the Louisiana Association of Business and Industry. We hope to get more participation from this group in the future. Individual company representatives have been most helpful on a voluntary basis. Labor Labor groups have been quiet in past sessions. The primary union lobbyist and his wife are not pro-tobacco. We have requested assistance with contacts from our Washington office and from our union friends in Kentucky. Fire Groups We have had no occasion to deal with fire groups in Louisiana. They have not been involved in tobacco issues. Their legislative friends usually vote with us. ANTI-TOBACCO FORCES Three health organizations announced a major anti-smoking campaign on November 27, 1985 aimed at one million Louisiana smokers and youngsters. Sponsors of the campaign, the American Heart Association, American Lung Association and'American Cancer Society, designed the program to coincide with the new surgeon general's-"warning labels" that began appearing in November, 1985. The health agencies want their public service advertising campaign and educational program to help publicize the serious health messages on the labels. The campaign has continued through 1986. Other goals of the group included: passage of non-smokers rights legislation on the state and federal level; raising money for cancer research by increasing state tobacco taxes; lobbying against cigarette promotions and cigarette company-sponsored events and "fighting R.J. Reynolds in their deliberate and calculated attempt to mislead the public" through its advertisements. e
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( Louisiana, page 5 TOBACCO INDUSTRY Brief History of Successes and Problems In a 1984 special session called one week before the regular legislative session, the cigarette tax was increased by 5 cents, to 16 cents a pack. High cigarette tax rates in neighboring Texas and Arkansas helped make the tax hike palatable to legislators. The increase was the first in 14 years. Also, at that time, we were able to convince the Governor not to use "a percent of value tax" which is what the proposed, legislation originally contained. During 1985, legislation to increase the tobacco tax for cancer research was proposed. We were able to hold back that legislation by appropriating instead a set amount from the state general fund. $one million of the tobacco tax was appropriated for cancer research. However, it was not put in the appropriation bill and the funds could not be used until 1986. During 1986 the health organizations were relatively quiet in Louisiana. They have been involved with the studies pertaining to the relationship of high lung cancer and the petrol chemical industry. Anti-smoking legislation was introduced in each of the past seven years. Each time we were able to keep it bottled up in committee. During the 1985 session one bill got out of the Health and Welfare Committee and was killed on the floor. In 1986 one of the main proponents of anti-smoking legislation, Representative Jon Johnson of New Orleans, won the race for the Senate. This was good for us because the vacant space on the House Health and Welfare Committee had been filed by a friend of ours, Representative Louis Jetson. A vacant place left on the Senate Health and Welfare Committee was filled by Senator Joe McPherson, also our friend. In summary, only one tax increase in 15 years and no anti-smoking legislation has been successful. A piece of enabling legislation concerning the Superdome passed this year. It provided the management with the right to restrict smoking in the Superdome. After it was passed the Superdome management group realized they had made a mistake with the legislation. Thus far, no rules of enforcement have been promulgated. In New Orleans a "consumption tax" of five percent was levied on cigarettes late in 1984 and increased this year. A formal resolution was passed by the City Council that if The Tobacco Institute could assist in collecting revenues in another way, the Council would rescind the tax. On December 1, 1986 during the City Council meeting the consumption tax was amended to be repealed if the city's earnings tax was ruled constitutional. The increased consumption tax goes into effect January 1, 1987.
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Louisiana, page 6 Outlook There appears to be no impact on our programs as a result of the recent elections. Congressman Henson Moore was against tobacco, but he lost. Clyde Holloway, the new congressman, is a farmer. It is not known how newly elected Congressmen Richard Baker and Jimmy Hayes feel about the tobacco industry. The state of Louisiana's economic picture remains dim. If the OPEC nations set their oil price at $18 per barrel it will take several years to restimulate the oil economy. We expect to see larger deficits, maybe as much as $600 million in projected revenues. Two things to consider for 1987 are: 1. Odd numbered years mean non-fiscal sessions of the legislature. To increase revenues and taxes would require a special session. 2. 1987 is an election year. House and Senate members have not recovered politically from the $750 million tax•increase of 1984. This means Louisiana will probably remain in a political and fiscal morass for the next year. Our most dangerous tifie will be immediately following the- November elections when we would have to deal with the p.ossibility of a lame duck session. December 1986 aD C A tJ C W C ~ C e
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80420:, 05 ..) I
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MAINE ( PREFACE Maine is really two states. The southern coastal regions below Augusta support more than 50 percent of the total population, and yet cover less than one-third of the total land mass. The northern two-thirds of-the state is largely unincorporated territory, wilderness, logging operations, and highways connecting a few outposts of human activity. The socio-economic and political dynamics in Maine can be extremely volatile. To a large extent, northern Maine is what most people perceive Maine to be. Southern Maine--like New Hampshire, its neighbor to the west--is one of New England's fastest growing areas. The majority of the people who have made up that growth are vastly different from the traditional Mainers. They demand more of - government and are willing to pay for it. They are wealthier, more liberal, and better educated than the indigenous population. This backdrop of unequally shared growth and prosperity, combined with an increasingly affluent, activist, liberal population, suggests continued problems for not only the tobacco industry, but all business within the state. This has become evident in recent years. The legislature has enacted increasingly burdensome tobacco taxes and restrictions on smoking in public places. In addition, the legislature has enacted the highest minimum wage base in the country, and workers compensation laws have literally driven a number of members of the insurance industry out of the state. The popular notion is that Massachusetts is New England's most liberal state. Today, however, many view Maine as the area's most liberal, anti-tobacco and anti-business state. Ideas and legislative initiatives born in the think-tanks and back rooms of Boston may be initiated in Massachusetts, but they are enacted in Maine. There are approximately 1.5 million people in Maine. It has a 0.5 percent market share and-a 28-cent per pack excise tax on cigarettes, compounded by a 5 percent sales tax. Those taxes are collected on approximately 149 million packs of cigarettes, producing state revenues of approximately $29.8 million in fiscal year 1985. This represents a decline of 7.4 million packs and an increase of $300,000 in state revenues since 1984. STATE OVERVIEW Economic Condition and Outlook Maine is a state of economic contrasts. The northern section relies heavily on its forest products industry, and to a lesser degree, farm and dairy industries, for survival. Like any region that does not enjoy economic diversity, a downturn in one of those major industries can have devastating effects.
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Maine, page 2 All across the country, dairy and farm industries are having difficulty. While the paper industry continues to enjoy prosperity in Maine, there have been a number of adverse legislative actions in the last few years which have hit at the previously unassailable paper industry. These actions may give some of those major companies concern about the future. In the southern part of the state, the development of the tourist, ship-building, fishing, and the service industries has resulted in phenomenal growth and prosperity. The rate of this growth has actually caused some to ask if there should not be more controls on the rate and type of growth that is allowed in the state. One of the most influential parts of this growth is the Bath Iron Works and its locations-in both Bath and Portland. Notwithstanding the activities of the ecologists and the environmentalists, it is likely that the tourism and resort industries will continue to grow during the next few years, and will replace the paper industry as the state's largest employer. Political Situation The year 1986 was one of the most politically interesting and active in some time. The Democratic party strengthened its control of both houses. However, battles with broad interest and appeal were fought for the statewide and federal offices. Governor Joseph Brennan's second term expires in January 1987. He will move to Washington as the narrow victor in the First Congressional District race. While a variety of political leaders in both parties tested the waters of the governor's race,. the final candidates were Attorney General James Tierney and Congressman John McKernan. Although McKernan will be governor, Tierney will probably continue as the legislatively-elected attorney general. Significant State Problems Primary legislative concerns in 1987 will likely focus on environmental topics. These will include solid waste disposal, low-level nuclear, waste disposal, ground water pollution, the ecological impact of hydro-election production, the Bay of Fundy electric generation project, and others. Beyond this, a variety of issues will come back to haunt legislators in Maine. These are likely to include education, its quality, funding, and the accountability of its practitioners; workmen's compensation; and unemployment compensation. Any one of these is a tough issue. However, the combination of a variety of difficult and media- sensitive topics and state-wide elections is likely to make for some very interesting legislative action. . C)
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Maine, page 3 ( RESOURCES: STRENGTHS AND WEAKNESSES Tobacco Segments Like the rest of New England, the tobacco industry in the state tends to be disorganized and torn by a variety of petty disagreements and competition. What organization exists, we impose. The fact that there is not an organized wholesaler association in the state requires a great deal of individual contact. In contrast, the Pine Tree Vending Association, Maine -Grocers Association, and the Associated Grocers•of Maine are extremely helpful sources of both legislative lobbying support and grassroots involvement. For the past few years, our relationships with these three groups have grown. They are excellent allies. Business Even on matters unrelated to the tobacco industry, the business community in the state of Maine has little real legislative clout. This can be seen in some of the major defeats -- including those in workmans compensation and minimum wage -- it has suffered over the past few years. The two main organizations representing the community, the Maine Chamber of Commerce and Industry and the Maine Merchants Association, have attempted to be helpful to TI and our legislative counsel on many bills from smoking in the workplace through sampling and advertising. Nonetheless, they are also constantly seeking ways in which to ingratiate themselves with the liberal Democratic majority in the House and Senate. Too often, this has caused them to seek compromises at an early stage rather than maintaining a strong opposition. We have always been able to access the various associations' members'and have found them helpful with support when they can. Labor Unlike other states where the AFL-CIO and general labor community are suffering from declining blue-collar employment and a loss of interest among workers in union concerns, Maine's labor community, particularly the AFL-CIO and the state employees union, are alive and well and somewhat influential. In prior years organized labor testified on our behalf, in opposition to both smoking restriction legislation and tobacco tax legislation. In 1985 Maine labor took a more active role as a result of the interest and involvement of the Maine Locals of the Bakery, Confectionery, and Tobacco Workers Union. C
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Maine, page 4 a It is likely that we can continue to count on their support. However, as with business, tobacco-related issues are not of the highest priority to the labor movement. Institute Resources In the last few years, the most valuable resource TI has in the state (outside of our legislative counsel and his law firm) has been the Maine Grocers Association. On numerous occasions, that organization and its sister group, the Associated Grocers of Maine, have almost literally turned over the operation of their associations and their members to the Tobacco Institute. To a lesser degree, the members of the vending industry have provided support, mostly on tax-related matters. The key individual resource in the state is Mr. Charles Canning of Pine State Candy & Tobacco, his management staff, and the 200 employees located primarily in Augusta but travelling throughout the state. If we are to be successful in 1987 and beyond, we must continue to develop friends and allies in the moderate-to-liberal wing of the Democratic party. ANTI-TOBACCO FORCES Under the Coalition on Smoking OR Health, anti-tobacco activists in Maine developed a well-coordinated attack in the state legislature. They are led by the Maine Lung Association, Cancer Society, and Heart Association. However, there are 24 other members of the Coalition. It is supported by State Public Health Commissioner Michael Petit and championed in the legislature by Reps. Merle Nelson and Peter Manning. In the past, they have used the shotgun approach to legislative activities, and we were very successful in deflecting their attacks. In more recent years, they have learned to focus on one or two objectives. In 1983 and 1984 the Coalition focused in a timely fashion on tobacco taxes. Their goals of increasing product cost and imposing a certain level of punitive taxation on tobacco products combined very well with the state's need for additional revenues. Many members of the Joint Taxation Committee would privately jeer at the tobacco "crazies." Publicly, however, they enjoyed and encouraged support for tax legislation providing additional dollars for major state projects: aid to local education and tax reform. In 1985 the anti's focused on a San Francisco-type workplace bill and came away with a vastly weaker piece of legislation. In 1986 their focus was on smokeless tobacco, and they were successful in their efforts to impose a 45-percent tax on the product. ( eh
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Maine, page 5 C C c TOBACCO INDUSTRY Brief History - The legislative history of the tobacco industry here is somewhat checkered. In one state, we are losing the only governor to have vetoed anti-tobacco legislation on two occasions. At the same time, we have the calamitous 18-month period when Maine increased its cigarette excise tax first from 16 to 20 cents, then imposed the state sales tax, and then further increased the excise tax from 20 to 28 cents. Our past successes may have contributed to our recent setbacks. Until the 1983 session, we were effectively winning every major legislative battle. The perception that the tobacco industry was simply winning too many took focus. That is a perception that no legislator or legislative body wants to encourage. We enjoyed success because we had the best legislative counsel in the state and because we were able to support him with both quantitative and qualitative grassroots input. However, in recent years, the overwhelmingly negative press, a more coordinated attack by the anti-tobacco community, and a firmer control on the legislative process by the more liberal elements of the Democratic party have resulted in an inability to defeat all legislation. This condition is likely to continue into the future. Major Issues--State and Local At the state level, it appears that the anti-tobacco activists will be pre-occupied in 1987 with smokeless tobacco and youth-related issues. These attentions should include cigarette methods of product promotion, including sampling and advertising. Also, we are likely to see an attempt to expand and enforce the current workplace law. The rash of local anti-tobacco ordinances has not yet struck Maine, nor is it likely to do so in the foreseeable future. However, if and when it does occur, it is likely to happen first in the southern cities, followed shortly by action at the town meeting level throughout the state. A well-coordinated town meeting attack on the tobacco industry could be devastating. Outlook The next few years in Maine are difficult to predict. If the national anti-tobacco fever continues to grow, it will be fueled locally by the Boston and local media outlets. There will be continued pressure brought on the legislature to restrict smoking and smokers throughout the state.
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Maine, page 6 Four years ago at a legislative hearing, a woman from Gardiner suggested that the worst form of child abuse was that which forced a child to live in a household with a parent who smoked. The elderly woman suggested that it should become the state's duty to identify those smokers with children, inform them that they were being investigated, and if they did not refrain from smoking in the home, they would have their children removed and made wards of the state for their own protection. At the time most people felt that this was fanatical. During 1985, without suggesting any state actions or remedies, the director of the Mid-Maine Medical Center in Portland called cigarette smoking by parents a form of child abuse. No one laughed. During 1986 the NRC reported on the effects of ETS on children. Some people in the state may think the 1983 statement was on target. December 1986 C e
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MARYLAND ( Maryland,'the headquarters for major anti-smoking groups such as GASP and ASH, and having a high concentration of federal government employees, presents a unique challenge in fighting smoking restriction legislation. Maryland has a population of 4.2 million and its market share is 1.9 percent. STATE OVERVIEW Economic Condition and Outlook The economy remains diverse. Twenty percent of employment is government oriented. Revenue growth predicted for 1987 will be in the seven percent range. The state has a built-in increase of five percent. State leaders are awaiting federal tax changes which have not yet been quantified. There is a possibility of a $2 billion gain in personal tax, plus a $250 million change in corporate tax gain. In addition, there is a potential for $100 million more in miscellaneous areas. For fiscal years 1987-89, projections are for stability with modest growth. Maryland will have a significant budget surplus in fiscal year 1987. Most of this will be as a result of recent federally enacted tax reform. Therefore, no tax increases are expected during the 1987 session of the legislature. Maryland ranks high in per capita income, about 10th in the nation. Of the nonagricultural work-force, manufacturing employment is a moderately small part (12.3 percent), while both services (23.8 percent), and government employment (23.3 percent), are larger. Maryland also ranks high in the following economic indicators: state and local per capita revenues (14th); state and local per capita taxes (10th); state debt as a percent of state revenues (13th); and state and local tax effort (11th). Maryland ranks low in state aid from the federal government (38th). Maryland depends more heavily than most states on selective sales taxes. However, Maryland has a very low tax rate on distilled spirits (47th), slightly lower than average on beer and wine taxes, and also lower than average on public utility tax rates. Its 13-cent cigarette tax is lower than the national average. "L c
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Maryland, page 2 Political Situa tion The Maryland legislature is Democratically controlled by a wide margin. In the House there are 124 Democrats and 17 Republicans. In the Senate there are 41 Democrats and 6 Republicans. 1986 was an active year for Maryland politics. All state- wide elected offices were open in 1986. Maryland is unique in that all state House and end at the and same Senate time. seats are four year terms that start The membership of the Maryland Congressional delegation changed dramatically as a result of the 1986 elections. There was nearly a 40 percent turn-over rate in the state legislature due in part to the number of state delegates and senators running for the U.S. Senate seat being vacated by Senator Mathias and for four congressional seats being vacated by incumbents. Third District Congresswoman Barbara Mikulski was elected to the U.S. Senate. The four incumbents seeking re-election to Congress - Dyson, Bentley, Hoyer and Byron - won without much trouble. The races for the remaining four seats shaped up as follows: Third District - Former House Speaker Benjamin Cardin won election to Mikulski's old seat. Fourth District - Incumbent Majorie Holt retired. N.B.A. basketball player Tom McMillan (D), won the election to this seat in a very close vote. Seventh District - Incumbent Parren Mitchell retired. The winner was Kweisi Mfume (D), a former Baltimore County Councilman. Eighth District - Incumbent Barnes ran for the Democratic nomination for the U.S. Senate race and lost. His seat was filled by former state legislator, Delegate Connie Morella, a Republican. C In the ra won elect ce for Governor, Baltimore Mayor William Donald Schaefe ion. _. r Significa nt State Problems There are 1987: four significant problems facing state legislators in ~ a. Resolving the savings and loan crisis. ~ b. Medical malpractice and general insurance liability availability. t~? O G.7 c. d. Health cost containment. " Transportation and education. rA e!
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C ( Maryland, page 3 RESOURCES: STRENGTHS AND WEAKNESSES Tobacco Segments The tobacco segment is relatively strong in Maryland, particularly at the wholesale level. The Maryland Association of Tobacco and Candy Distributors and the Maryland/D.C. Vending Association have large memberships and are very active politically at the state level. Tobacco is grown in a small section of the state which provides allies in the legislature with a.strong vested interest in opposing anti-smoking legislation. The Maryland Farm Bureau has been active in fighting such measures, but the Maryland Tobacco Growers Association has not. The company sales departments have a fairly limited number of sales personnel in the state. Most are concentrated in the suburban Washington and Baltimore markets. Business Business organizations such as the Chamber of Commerce, Maryland Restaurant Association, Maryland Hotel and Motel Association, the Maryland Association of Retail Merchants and the Mid Atlantic Food Dealers Association are politically active and have considerable clout. They have all testified in opposition to smoking restriction bills. _ Labor Organized labor is particularly active in Maryland, with the Bakery, Confectionery and Tobacco Workers International Union headquartered in the suburban Washington area. Labor has been very helpful with tobacco legislation and often testifies on our behalf. This includes the state AFL/CIO as well as the other unions, such as the state employees union. Fire Groups The most active fire groups in the state are in the Baltimore area, which was one of the pilot cities for the initial T.I. fire program. , - Gb ~ .~ The Institute's resources in Maryland center on the business tU community and the various business organizations in the state. ~O .,. :. .. _ _: . . f.~ ."J! Institute Resources
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Maryland, page 4 ANTI-TOBACCO FORCES Mary land is a hotbed of anti-tob acco activity and a microcosm of the national anti-tobacco scene. Many of the anti-tobacco groups are headquartered in Maryland. So far their effectiveness has been limited at the state level, and they are more vocal than effective. The proponents of smoking restriction legislation have formed a statewide coalition known as the Healthy Majority and have hired lobbyist, Robin Schavitz, to represent them in the General Assembly in 1987. The Healthy Majority is made up of a dozen health groups including state chapters of the American Cancer Society, American Heart Association, American Lung Association, GASP and the Maryland Nurses Association. TOBACCO INDUSTRY Brief History of Successes and Problems Much of the recent legislation at the state and local level has been in the field of smoking restrictions. The tactic of the anti-smoking lobby is to push for passage of several different bills, each covering a specific public place. In the 1986 session, for example, four bills were defeated in the House Environmental Affairs Committee. These bills would have restricted smoking in retail stores, food stores, restaurants, and state office buildings. No smoking restriction bills were _ introduced in the Senate. Senate Bill 155, which would have increased the state cigarette tax by one cent to fund research for AIDS, was defeated in the Senate Budget and Tax Committee. An OTP tax of 20 percent was also defeated. The Montgomery County Council enacted an ordinance to restrict smoking in county government workplaces and metro stations. W C Major Issues - State and Local .A The 1987 legislative year will show a continuation and perhaps ~ acceleration of smoking restriction efforts, but again no laws N are expected to be enacted. C~ Local legislative problems also accelerated in 1986 particularly in the Maryland counties in the Washington metro area. It is expected that this trend will continue. . C N e Licember 1986
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MASSACHUSETTS ( c PREFACE From a tobacco industry standpoint, the Commonwealth of Massachusetts may defy description. But then there are those who suggest that from any viewpoint, the "People's Republic of Massachusetts" defies description. During the late sixties, some conservative Congressional leaders suggested that the entire New England region, but especially Massachusetts, be physically separated from the rest of the United States and floated out to sea. Since that time, the philosophical distance between Massachusetts and mainstream America has not shortened. In fact, it's probably true to state that Massachusetts has more in common with its West Coast counterpart, California, than with the vast majority of other states, including the majority of its New England neighbors. Certain state inconsistencies, however, have allowed us to survive. On the one hand, the state is known for its high level of taxation and its lenient welfare, workers compensation, and unemployment laws. It is one of only two states in the country to regulate automobile insurance. Republicans are rare at the state and local levels. But, in recent years, Massachusetts Democrats have voted overwhelmingly for Republican candidates for president. An initiative petition drive recently gave voters an opportunity to vote in support of a cap on municipal local property taxes. Another recent initiative, to repeal state legislative pay raises, passed. Moreover, in 1986, the voters elected to repeal the mandatory seat belt law and the "Dukakis 7.5-percent income tax surtax" while imposing a tax cap. Both these measures were strongly supported by the governor. There are 6 million people in the state of Massachusetts. It has a 2.4 percent market share and a 26-cent per pack excise tax on cigarettes. That tax is collected on 680.3 million packs of cigarettes, producing state revenues of approximately $176.9 million in fiscal year 1985. This represents an increase of 11.6 million packs and increase of $3.5 million in state revenues since 1984.
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STATE OVERVIEW Economic Condition If Connecticut is awash in cash, has clearly spent 1986 sunk in a whose accounting methods you use, Massachusetts, page 2 " the Massachusetts ship of state sea of money. Depending on the state has a surplus between $500 million and $1 billion. Every elected official or appointed bureaucrat wanted to spend it, hide it, or give it back during the 1986 election year. Ultimately, they will return some of this to the people in the form of a repeal of the surtax. Despite recent setbacks for some high-tech companies like Wang and Digital Equipment Corporation, the Commonwealth is virtually at full employment. Recent reports indicate that there are not enough workers to fill the seasonal jobs made available by the Christmas holidays. Employers are resorting to paying as much as $250.00 bounties to current employees who bring new employees into the company. A number of businesses in the western Massachusetts suburb of Framingham have initiated a daily private shuttle bus service to some of the central Massachusetts industrial communities to bring unskilled and low-skilled workers in for full-time jobs. The cost of the transportation is paid for by the employers. The prosperity that is part of the Reagan and high-tech booms is likely to continue for some time. Recent legislative actions, like the passage of a modified unitary tax by the Massachusetts Senate, may result in a number of companies giving some additional thought to the opening of new facilities in the Commonwealth. All of this has helped make the governor a strong candidate for*President in 1988. Political Situation The only interesting race was for the Eighth Congressional District. That seat was held by the Speaker of the House "Tip" O'Neill, who succeeded Jack Kennedy. Joe Fitzgerald Kennedy, son of late Senator Robert Kennedy, has successfully won election to the position. The second most interesting fight was the initiative questions which appeared on the ballot in November. Both the surtax repeal/tax cap and the seat belt laws repeals were approved. Postcard voter registration was not adopted. Each of these referendum questions is strongly associated with the current governor. The public and media attitude toward these two initiatives was the only interesting part of an otherwise-lackluster governor's race. However, Governor Michael Dukakis raised more money than any gubernatorial candidate in the history of the Commonwealth for his 1986 campaign, and the Republicans were unable to mount a credible candidate. For all intents and purposes, Massachusetts is a one-party state. e
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C ( Massachusetts, page 3 In the Statehouse, we are-likely to see a quieter year. The fragile coalition that elected current House Speaker George Keverian is likely to survive the brief winter adjournment and the elections squabbles of 1986. If the coalition survives, Speaker Keverian will begin to consolidate his power and use it to circumvent some of the "rules reforms" forced upon him during his first session as Speaker. On the Senate side, we have probably seen the final election campaign of Senate President William Bulger. It is likely that he will not seek re-election in 1988. This suggests a year that appears very active on the surface•and in the media, but is actually fairly quiet. Significant State Problems Massachusetts has a number of problems that it shares with other New England states. Some of these are environmental and include the clean-up of Boston Harbor, solid waste management, destruction of the region's groundwater supplies, and hazardous waste dumps. In ,7anuary 1984, Governor Dukakis declared educational reform as the state's highest priority. To date, there has been a great deal of breast-beating about educational reform, but no substantive action. It is an area of concern and one which may be addressed during the upcoming election year. There are also a number of "human" issues which have preoccupied the media and a number of political figures. These include the problem of the homeless and drunk driving. There are a great many volatile issues facing the people and the politicians of the Commonwealth. If the local media has its way, ETS is likely to be one which receives a great deal of public and legislative attention. RESOURCES Tobacco Segments The tobacco industry in Massachusetts is not unlike the tobacco industry in the other five New England states. It is disjointed. Each segment tends to go its own way. Within the wholesaling community, individuals have a tendency to act independently of other individuals within that segment. The active players include: Massachusetts Food Association, New England Wholesale Food Distributors Association, and Massachusetts Automatic Merchandising Council. The 1985-formed/1986-disbanded New England Wholesale Tobacco & Candy Association sought to develop and operate a wholesalers' association spanning the six New England states. Its "on again/off again" status was blamed on TI and the manufacturers.
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Massachusetts, page 4 C ) Also working with-us on our federal, state, and local legislative activities is the New England Convenience Store Association. While we are capable of organizing and coordinating the activities of all the various segments of the industry, that coordination and cooperation would be much more valuable if the individual members of the wholesale trade could get along. Business The business community in the Commonwealth is essentially a community in fear of its life. It recognizes the extreme liberal tendencies of the legislature and the various local boards with whom its members must•deal. The various associations and individual businesses that make up this community are-extremely selective in picking their battles and the extent to which they will go to war. All segments prefer to find some "reasonable accommodations" that are to the satisfaction of everyone. In light of the other issues affecting business which are before the Massachusetts legislature, the tobacco issue has yet to become a top priority. Labor The labor community in Massachusetts, like many of the other large industrial states of the north, is suffering from declining blue-collar employment, lack of understanding of the history of unionism, and a shift of perceived goals in Massachusetts. After many years of looking with some disdain on some of the service-type workers' organizations, the state AFL-CIO has begun to act on their behalf. If they are successful, there is potential for the members of organized labor to have considerable impact on our behalf. However, like business, labor representatives in the Commonwealth are at best reluctant allies of this industry at the legislative level. Fire Groups As a result of our activities surrounding "self-extinguishing" cigarettes, we have developed a close working relationship with the Fire Marshal's office in Boston. It is unlikely that this group would be helpful on any issue other than "self-extinguishing" cigarettes. Institute Resources Our greatest resource is our affiliation with Attorney William F. Coyne. Coyne's ability to move about in a variety of legislative circles and represent the industry is unquestionably the single largest reason for our success to date.
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Massachusetts, page 5 C Added to those considerable talents, we.have available the activities of our allies, who have consistently offered us direct lobbying support and access to their members. The TI office is located in Massachusetts, providing us with much easier legislative access in Massachusetts than any of the other New England states. ANTI-TOBACCO FORCES A complete description of anti-tobacco advocates in Massachusetts .would make a very long book. In brief, Massachusetts is one of the founding locations of GASP. Some of the current leaders of GASP have developed the Tobacco Product Liability Project to act as a clearing-house for legal information related to product liability suits against manufacturers. In addition, the Massachusetts heart, cancer, and lung associations are constantly involved in the anti-tobacco movement at both the state and local levels. Of considerable concern to the industry are the various local chapters of the League of Women Voters. Not content to be involved with issues of voting rights, the League has decided to involve-itself in such social issues as smoking in the workplace. In fact, at the local level the League has been the initial sponsor of more pieces of anti-tobacco legislation than any other single organization in the state. Supporting these groups are the governor and his Public Health Commissioner, Bailus Walker, Jr. In 1983 Walker proposed to prohibit cigarette sales in the Commonwealth. His suggestion was attacked by the head of the Department of Revenue and was consequently withdrawn. Since that time the Commissioner has been actively involved at both the state and local levels. During 1984 and early 1985, he requested that the 351 local boards of health take action on sampling, smoking in restaurants, and smoking in the workplace. However, during most of 1985, the Commissioner focused the attention of his department and the state's Public Health Council on various smokeless tobacco issues, including labeling, sampling, and taxation. In 1986 he has returned to cigarette issues, but his department is currently lost in negative press about delayed cancer statistics and reports. The anti-tobacco community in the Commonwealth is extremely well organized, well financed, and finely tuned. They have moved from the state level to the local level, attacking us on the issues of sampling and restaurant restrictions. They have learned to target their attacks and have retained full-time counsel. C
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Massachusetts, page 6 C ~ TOBACCO INDUSTRY Brief History Until the passage of a juryroom smoking restriction bill this year, the only piece of anti-tobacco legislation to clear the Massachusetts House and Senate since 1977 was a tobacco tax in 1983. Against all odds, we continue to win against legislative introductions that number up to 56 in 1986. In Massachusetts we have won only one floor vote and are unlikely to be able to win a second one in the near future. The key to our success, therefore, has been our ability to keep bills bottled in committee. The response to that may be to develop massive grassroots action in the Commonwealth during the next few years. At the local level, we have sustained a certain number of losses, but our record has been and remains consistently good. In most cases, our strategy is to work through surrogates at the local level, either in the restaurant or business communities or friendly members of the particular board or council. Major Issues--State and Local Depending on the outcome of the 1986 session, which will not close until year-end, it is likely that the anti-tobacco activists will come back at the state level with another "Clean Indoor Air" bill. It is likely that that legislation will again cover the workplace. As in Maine, it is likely that the legislature will focus on issues relating to the smokeless tobacco industry and questions of sampling, advertising, and taxes. It is also likely that the numbers of local legislative problems will increase in 1987 and succeeding years. Outlook The outlook for Massachusetts is essentially for more of the same: more pieces of legislation, more activity on each piece of legislation, more grassroots activity, more direct lobbying, more of everything that challenges the industry. December 1986 C ~ O W w ( e
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MICHIGAN ( PREFACE Michigan, in many regards, can be considered one of the more liberal midwestern states. The state has a "value added tax" as its major source of business taxation and several communities have public "right-to-know" ordinances, requiring the announcement by the press of ordinances to be introduced, the scheduling of hearings and the final outcome of those ordinances. The state's population is 9.3 million; its market share is 4.3 percent. STATE OVERVIEW Economic Condition and Outlook Unemployment problems continue to dog the Michigan economy. Although efforts to diversify from heavy manufacturing are underway, the state's unemployment figures remain high. A large state income tax increase in 1983 helped slow the need to raise consumer product taxes; however, income loss from unemployment works to offset the effects of income tax increases. Political Situation The Michigan Democratic Party continues to rule the political roost. The two U.S. Senators, a majority of the congressional delegation (11D-7R) and the Governor are all Democrats. The House of Representatives (64D-46R) is under Democratic control. Only the Senate (20R-18D) is held by the Republicans. Little change is expected in the leadership of the House. In the Senate the retirement of the president pro tempore may alter the leadership structure. Significant State Problems Unemployment concerns, rekindled by the closing of four GM plants, will remain one of the most significant issues for Michigan. Product liability reform will again be of major concern. Environmental issues are traditionally a high priority for this state and will remain so in the coming year.
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Michigan, page 2 Resources - Strengths and Weaknesses Tobacco Segments The M.T.C.D.V.A. has been extremely supportive in direct lobbying, PAC activities and grassroots participation. Their numbers, however, are limited. Member company interest and support have increased greatly in the last two years. Our activities, expecially with this latter group, will be increased during 1987. Business In the pas,t, the support we have received from the Michigan Chamber of Commerce has been excellent. During the latter half of 1986 and continuing into 1987, the chamber has undertaken a large-scale effort to involve businesses statewide in a voluntary smoking policy program, designed to prevent passage of mandatory legislation. Other traditional allies of our industry have also been quite supportive on smoking restriction issues. However, our efforts with the state restaurant association remain unsuccessful. (The state has had a restaurant restriction law since 1976; it was amended in 1986.) Labor Unions remain extremely powerful on the political front in Michigan. We continue to maintain personal relationships with many; however, few have been willing to lobby publicly on our behalf._ We will continue to seek greater labor support in 1987. ANTI-TOBACCO FORCES The lung association in this state continues to be one of our most powerful adversaries. It retains a full-time lobbyist and expends almost unlimited resources on grassroots activities at the state and local levels. In 1987 we also anticipate increased activities by the state medical society. TOBACCO INDUSTRY Brief History of Successes and Problems The Michigan General Assembly passed a Clean Indoor Air Act in 1986 (Public Act 198) which becomes effective January 1, 1987. The law restricts smoking in public places and in government workplaces. In an effort to assist its members, other organizations, and local governments, the Michigan Chamber of Commerce will mail, in December 1986, a brochure listing suggestions for voluntary smoking policies for businesses. (
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Michigan, page 3 ` Because of uncertainty over the federal sunset, excise tax increases were not considered seriously in 1986. Due to the closing of four GM plants, however, this unemployment rate is expected to increase in 1987. This decline in revenue may create some interest in cigarette excise tax increases. At the moment, the sampling issue is on the back burner. Michigan lawmakers appear concerned about constitutional and enforcement problems associated with such legislation. This concern stems from a 1986 sampling hearing. Major Issues - State and Local Tort reform, including product liability bills, will continue to be a major concern during 1987. We do not expect any new clean indoor air bills; however, amendments to the present act could be •presented. Sampling ban bills are not expected to prevail. Smokeless tobacco efforts in the area of labeling and restrictions are expected. We may also face O.T.P. tax bills. Outlook We do not expect 1987 to be as difficult a year as 1986. But we must remember the legislature's penchant for anti-tobacco measures. Additionally, state revenue funds are declining and the unemployment rolls are increasing. We will follow all issues very cautiously. December 1986 C
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PIINNESOTA ( C Few other states have produced more political leaders of national stature and distinction than the state of Minnesota. Hubert Humphrey, Harold Stassen, Walter Mondale, Warren Burger, Eugene McCarthy, Orville Freeman and Justice Harry Blackmun provide the patchwork of prominent American leaders hailing from the Gopher State. Similar to Wisconsin in its ethnic heritage, Minnesota was the far outpost in America's move westward. Railroads and the giant grain mills of the Twin Cities provided the basis for the development of Minnesota traditions as we know them today. The state of Minnesota has a population of 4.1 million people and a market share of 1.6 per cent. The governor's office and both houses of the legislature are currently held by Democrats. The political parties, the Democratic Farm Labor Party, or DFL, and the Independent Republican Party, or IR, are still relatively strong in this state. Minnesota has been spared much of the "rustbelt" turmoil in that it has concentrated its recent economic efforts in the so called "high tech" industry. Honeywell, 3M and Sperry-Rand all enjoy thriving businesses in Minnesota. STATE OVERVIEW Economic Conditions and Outlook Minnesota is now emerging from a farm-intensive economy to a high-tech metropolitan economy. Due to this phenomenon, a perception of "metro vs out state" has become prevalent not only in the media, but in the legislative arena as well. The economy in metropolitan Minneapolis/St. Paul is robust. However, the economy in other parts of Minnesota ranges from. poor to destitute. In the area once known as "America's Iron Range," unemployment reaches the 60 per cent level. Silver Bay, a major taconite/iron ore processing area, reports that nearly 90 percent of its people receive some sort of public assistance, be it food stamps, AFDC or the voluntary "food shelf" program, where food•is charitably donated for the needy. The outlook for Minnesota could be termed mixed. Out-state counties face farm foreclosures and bank failures, while the metropolitan Twin City area can expect continued low unemployment and healthy business activity. This combination is a dangerous contrast in that state legislators from the city and outlying counties will ultimately be at odds over tax and revenue policy.
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Minnesota, page 2 ` Political Situation: Current and Outlook In the November 1986 elections, Incumbent Democratic Governor Rudy Perpich won an easy reelection over former Representative Cal Ludeman by a margin of 57-43 percent. The Republicans suffered a disastrous defeat in the Minnesota House of Representatives, a house they controlled by a margin of 69-65 during the last legislative session. The Democrats now hold an 83-51 majority over the Republicans. The DFL will probably elect Representative Fred Norton (DFL-St. Paul) as the new Speaker. With regard to the State Senate, the DFL increased its majority by four seats, giving it a 47-20 advantage. The next session of the Minnesota legislature will be extremely difficult for the tobacco industry in that with the increased liberal Democratic majority, tobacco issues will take a higher profile. In particular, we should expect legislation dealing with advertising bans, sampling bans, expansion of the Clean Indoor Air Act and even a tax proposal. Significant State Problems Minnesota faces what have become almost perennial budgetary and economic problems: 0 Budget shortfalls; rural revenues are down, income tax is down and projections have become overly optimistic. 0 Iron, lumber and Great Lakes port operations are in a serious economic slump. Bank failures have become a major concern, with three banks that failing in 1985. This is the worst banking record since the 1930s.. RESOURCES: STRENGTHS AND WEAKNESSES Tobacco Segments From the agricultural level, the tobacco industry's profile in Minnesota is small. With only four tobacco growing farms in the state, the growers' segment can be considered insignificant. C
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C ( c Minnesota, page 3 However, two major wholesaler groups dominate the Minnesota - -:'" tobacco market. The first group, headed by Miami Dolphins' owner Joe Robbie, controls 35 to 40 percent of the wholesaler market in the state of Minnesota. This group, only moderately active on general tobacco issues, can be termed rural in scope and parochial in policy, concentrating mostly on minimum mark-up laws and OTP taxes. The other group, headed by Jim Erickson, a Minneapolis attorney, controls 60 percent of the market statewide. Even though there appears to be, at times, an arm's length relationship between the Minnesota wholesalers and The Tobacco Institute, concentrated efforts are being continued to ensure dooperation with these groups. Business With the onslaught of anti-tobacco efforts and the ten-year-old Clean Indoor Air Act, the industry is pursuing a common ground with private sector business in coalition and "business round table" activities. Efforts are now being planned for a dialogue between The Tobacco Institute and major•Minnesota industries in the development of private sector smoking policies. Labor Minnesota's deep-rooted tradition in the labor movement is a natural for exploration. However, the perceived decline of heavy industry in Minnesota, including mining, railroads and milling, created a situation unexpected by labor during the past decade. Institute Resources The most valuable resource provided by The Tobacco Institute in Minnesota would be the securing of the best possible lobbyists to represent our industry in the legislature and the continuing support of TI to the wholesaler associations. ANTI-TOBACCO FORCES Minnesota, the Granddaddy of anti-tobacco activity, is one of the most critical states in the country regarding anti-tobacco activism. The 1985,Minnesota Technical Advisory Committee on Nonsmoking and Health report will be the guideline for anti-industry concerns during the remainder of this decade. The published report, weighing over two pounds, was a textbook example of a zealous and focused effort to attack the tobacco industry on both the public and private sector levels. U. S. Surgeon General C. Everett Koop, in testimony before the Minnesota legislature, contended that the Minnesota Technical• Advisory Committee report was quite possibly the most definitive weapon to promote a "smoke-free society by the year 2000."
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Minnesota, page 4 TOBACCO INDUSTRY Success and Problems - History The most active legislative effort experienced in this region to date was the 1985 Minnesota legislative session. This session highlighted the Technical Advisory Committee report as a legislative agenda for the Minnesota Department of Health. Due to active lobbying and cooperation among member company concerns, the entire report, in the form of legislation, was rejected during the legislative session. However, due to an immediate call for a special session by .Governor Perpich, literally on the heels of the regular session's adjournment, small portions of that report were inserted as a part of a five-cent cigarette tax increase. The industry has experienced many successes in the past five years in Minnesota: no tax increases from 1971 to 1985, defeat of statewide sampling bans, defeat of segregated revenues for fire and health-related items and defeat of modifications to the present Clean Indoor Air Act. Major Issues - State and Local Confronting the industry in Minnesota, the following issues will be considered in the near term: Tax Increase. With budget shortfalls, a cigarette tax increase is always a distinct danger. Restrictions. The Minnesota Department of Health is presently attempting to promulgate administrative rules regarding statewide smoking policies and health issues. Sampling Bans. Several legislators have indicated that they will introduce a statewide sampling ban during the next legislative session. Advertising Restrictions. Several legislators have indicated that they will introduce a statewide advertising ban during the next legislative session. Ventilation Standards. Ventilation standards are presently being considered in Department of Health rule promulgation discussions.C .a OTP Tax Increase. Always a consideration when budget problems N exist. w Tobacco Manufacturer Liability. If neighboring Wisconsin is N doing it, Minnesota cannot be far behind. e
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( Minnesota, page 5 Outlook In the regular legislative session scheduled for this winter, the tobacco industry will face another brisk legislative calendar. It is essential that member company, wholesaler and coalition forces maintain a good level of communication and cooperation in our efforts to defeat anti-tobacco measures. Our major problem areas reside in the determination of Health Department rules and the problematic budget shortfalls. -Unfortunately, these two areas, due to the existing political and economic environment, will consistently become "an unwanted house guest" at our industry's doorstep. December 1986 C
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MISSISSIPPI C C PREFACE Mississippi is primarily a rural state with agriculture, forestry (17 million acres), tourism and manufacturing as the economic mainstays. Commercial catfish is fast becoming a major industry for this state. Commercial fishing in the gulf section should not be overlooked as an economic asset. Production of quality wines in the northern and southern sections of the state has brought another dimension to agriculture. Mississippi is among the top ten states in production of cotton, rice, pecans, sorghum, sweet potatoes and soybeans. It ranks fifth in the production of broilers. Oil and gas exploration occurs throughout the state, with Mississippi claiming one of the largest natural gas deposits in the nation. It ranks ninth in the production of these fuels. Coal and lignite deposits are common and offer promise for future mining. The state's market share is approximately one percent. STATE OVERVIEW Economic Condition and outlook The 1986 legislature adjusted revenues to cover the state budget's estimated shortfall. The economic growth for the state is zero. State leaders cannot seem to bring in the kind of business and industry necessary to make the economy begin a new growth cycle. Industry is depressed. Agriculture is in deep trouble except for emerging catfish farming enterprises. On the bright side, the Navy has recently supplied a multi-billion dollar ship building contract to the shipyards in Pascagoula. This windfall is most needed. Political Situation One new congressman was elected in Mississippi. Congressman Esby (D-35) will replace Congressman Franklin. Indications are that Esby is a reasonable and dependable individual. There were no state elections this year. They will be held in 1987. Many of our friends may choose not to run again. There are several underlying reasons:
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Mississippi, page 2 a. The depressed economy places pressure on some of them to spend more time in their personal businesses. b. Others may have conflicts of interest if the ethics law is held constitutional. - c. Still others are becoming disillusioned because of the fiscal conditions of the state. There is a power struggle going on in the House, and the speaker may be overthrown. If he is not, there will be at least one change in the method of selection and operation of committees. Significant State Problems The most significant problem the state has to face is a lack of money. State agencies have already been cut back. Programs have been reduced. Most of the standard sources of taxation have been hit, many of them very hard. The state faces federally-mandated prison reform, loss of revenue sharing and health care cost'containment. The outlook for increased revenue is bleak. The tax base is so limited there are no new sources of revenue. RESOURCES: STRENGTHS AND WEAKNESSES Tobacco Segments Other than company employees, there is no large constituency of tobacco supporters in Mississippi. The wholesale grocers organization has been very supportive of our efforts at the state and federal levels. We expect to continue this relationship. The wholesale tobacco distributors are a "strange and wonderful" group. While they have no formal meetings, they collectively retain counsel for legislative work. They will respond to our requests for contacts, letters, or testimony when called on an individual basis. We have received some support from the Mississippi Association of Convenience Stores and the Vending Association of the Gulf States. However, we receive no real support from the retail segment. Business TI is a member of the Mississippi Manufacturers Association. We have not had the opportunity to develop the kind of personal relationships which bring about support on legislative matters. Efforts in this area will be increased in the future. C C
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Mississippi, page 3 ( Labor Over the years, our lobbyist has enjoyed a good relationship with the union representative in Mississippi and has helped us garner votes in the legislature. But, by and large, labor is not a significant political force in Mississippi. Fire Groups The majority of the fire groups in Mississippi are volunteer departments. They have never caused a problem for us. The industry has never had problems at the local level. Therefore, we have not requested the aid of the fire groups. ANTI-TOBACCO FORCES There are no strong anti-tobacco organizations in Mississippi. The past speaker was not pro-tobacco, but he has been unable to pass his health measures. The medical society also has been unsuccessful in pushing its anti-tobacco agenda. TOBACCO INDUSTRY Brief History of Successes and Problems The 1986 session saw a bill to restrict smoking introduced in the Senate. The chairman of Senate House Ways and Means never assigned it to a subcommittee. The excise tax was last increased in 1985. Several bills to raise cigarette taxes were introduced in 1986, but we managed to side-step the problem, and all bills died. Finally, a bill to remove the distributors discount was introduced. Without our help, the wholesalers would have lost their entire discount. Through counsels' efforts we were able to rejuvenate the wholesaler grassroots program. The proposal was unanimously defeated in the Senate. We feel that not only was the effort a major legislative victory, but it proved the worth of our lobbyists and wholesaler program. Outlook Next session we will see a bill introduced in the Senate to restrict smoking. The chairman of Senate Health and Welfare Committee, however, is not supportive of this measure. As previously stated, the economic outlook for Mississippi is bleak. The state, counties and cities will be short on revenue. We will probably see another effort to increase cigarette taxes. We believe we will have a good chance to defeat such legislation. December 1986
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1rII SSOURI PREFACE Missouri is, in virtually every sense, a border state. From the standpoints of culture, politics, climate, economy, and geography, Missouri is a transition point from the nation's North and South as well as its East and West. This fact makes the "Show Me State" an interesting study in contrasts. The population of Missouri is approximately five million. Its market share is about 2.2 percent. There are. several opposing economic and political forces in Missouri that combine to make the state as unique socially as it is geographically. These opposing forces make it difficult to "pigeon-hole" as liberal or conservative, industrial or agrarian. Despite this, or perhaps because of it, Missouri is a key state in gauging political and social trends. Its geographical position (it shares borders with seven other states) demands that Missouri be given close attention by any group interested in a national political strategy. STATE OVERVIEW Economic Condition And Outlook Economic conditions vary considerably from one area of Missouri to another. Urban areas are faring much better now than in recent years, primarily because of a resurgence of industrial activity. A prime example of this is the now re-activated Chrysler assembly plant in St. Louis County. It was virtually closed only a few years ago. The state's unemployment rate is now well below the national average. Missouri's large agricultural population, however, is in trouble. As in many other Midwest states, farm foreclosures have risen drastically. Low prices on agricultural products and a high cost of doing business are problems that will continue to pose serious threats to Missouri farmers. There is little reason to expect that Missouri's economy will improve markedly in the near future. A downturn in the national economy could spell trouble for manufacturing in the state's metropolitan areas and worsen the statewide picture substantially.
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Missouri, page 2 Political Situation Missouri is a traditionally Democratic state. Its House and Senate remain under Democratic control, but the state is part of the nation's shift to conservatism. This change is illustrated in the fact that all state officers except the lieutenant governor are Republican. Lieutenant Governor Harriett Woods ran unsuccessfully for the U.S. Senate in 1986, but has two more years in her present term of office. It is worthwhile to note that the number of registered.Republican voters in the state has climbed considerably. The state Republican party is well-financed, computer equipped, and becoming more and more aggressive. As a consequence, 1986 was a critical year for Missouri Democrats, and they did very well. Despite a large number of serious challenges by Republican candidates, Missouri Democrats still have post-election control of the Senate (21 - 13) and House (111 - 52). Significant State Problems As with many other states, Missouri's major concerns are fiscally related. While revenue collection was slightly improved in 1986, no great growth occurred. This lack of economic growth, accompanied by the loss of much federal revenue, has many state officials very worried. Many see the state's tax base continuing to decline. Missouri's population has become the nation's fourth oldest which will surely present problems for the state's health care system in the years ahead. Progressive state legislators fear that a majority of their colleagues will opt for a "band-aid" solution to the state's anticipated fiscal difficulties, rather than taking a broader approach and revamping the entire state tax structure. Introduction of excise tax increase proposals should be anticipated in the 1987 legislative session. RESOURCES: STRENGTHS AND WEAKNESSES Tobacco Segments Missouri's "Tobacco Family" has proven to be surprisingly cohesive and effective. The elements of this cadre are TI member company personnel, tobacco farmers and warehousemen, tobacco wholesale distributors, and vendors. The most consistently responsive among these groups probably are the state's member company personnel and tobacco farmers. These two groups can always be expected to follow through with action pe.rtaining to any tobacco-related concern. ( e
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Ilissouri, page 3 C Wholesale distributors have become an increasingly dependable and effective ally in the three years since their state association (Missouri Association of Candy & Tobacco Distributors) reorganized and hired full time staff. Member company personnel and M.A.C.T.D. members also account for the greatest portion of the Institute's "awareness system" in Missouri. If there is a weak link in Missouri's chain of tobacco activists, it would be the vending segment. This is true primarily because the vendors' state association (M.A.M.A.) is a rather loose-knit, inactive group. Nevertheless, many individual vendors in the state are very dependable and aggressive activists. Business Missouri's two major business-related organizations, the State Chamber of Commerce and Associated Industries of Missouri, while perhaps supportive, are not active allies of the tobacco industry. As a rule, the Chamber and A.I.M. legislative platforms are in basic accord with TI positions, but neither organization can be expected to take a public position on an issue concerni?,g only tobacco. Despite this, individual officers and staff members of both groups have frequently been helpful in legislative tracking and "behind the scenes" lobbying. The Institute has enjoyed cooperation on tobacco-related legislation from many industries and trade associations. Among these are the Missouri Restaurant Association, Missouri Retailers Association, Missouri Hotel/Motel Association, the Seven-Up Corporation, Seven-Eleven Stores, King Louie Corporation, and many others. Experience has shown that the elements of a coalition involved with a tobacco-related matter will vary with the nature of the issue and the location concerned. For example, the Missouri Restaurant Association is a tremendous ally against smoking restriction legislation, but is not at all concerned over proposals to increase cigarette taxes. Labor Many good personal relationships exist between TI and elements of organized labor in Missouri. These relationships have occasionally have been very helpful in fighting anti-tobacco legislation. However, it is unlikely that labor in Missouri will take many formal, public positions on tobacco-related issues. The major reason for this is labor's sensitivity to the fact that some of TI's member companies are not unionized. Fire Groups The Kansas City and St. Louis fire'departments and firefighter associations have strong lobbies in the Missouri state legislature, as firefighter salaries in these two cities are set by the state legislature. As a result, firefighters have lobbied legislators regularly through the years, and good relationships have developed.
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Missouri, page 4 the Institute's program of assistance to fire departments has helped strengthen personal relationships with firefighter lobbyists. It is probably unrealistic to expect Missouri firefighters to become directly involved in issues such as cigarette excise taxes or smoking restrictions. But firefighters may be reluctant to become active proponents of any ill-conceived "fire-safe" cigarette legislation. ANTI-TOBACCO FORCES While most of the traditional anti-tobacco groups have existed in Missouri for several years, they have become active only in recent months. With leadership from the American Lung Association, anti-smokers gained enactment of a smoking restriction ordinance in Kansas City this year -- Missouri's first. The "Coalition on Smoking or Health", headquartered in St. Louis, is making a major effort this year to unify and coordinate the efforts of the state's many anti-smoking groups. The coalition's primasy goal is to secure passage of a statewide smoking control law; but, failing in that, it will unquestionably seek to become involved in pushes for local ordinances. TOBACCO INDUSTRY Brief History of Successes and Problems Local smoking restriction legislation has not been a major problem to this point in Missouri. Anti-smoking groups in four cities (Columbia, Kansas City, Independence and Clayton) have attempted passage of smoking control laws, but have been successful only in Kansas City. . There has been limited success in fighting excise taxes in Missouri. The state legislature increased the state's cigarette tax from 9 to 13-cents per pack in 1981. The legislature passed another increase in 1985, contingent upon a federal tax reduction. All other attempts to increase Missouri's cigarette tax in the past five years have been unsuccessful. Missouri municipalities have statutory authority to levy excise taxes on cigarettes. In 1984, 118 cities in the state taxed cigarettes, with rates ranging from 2 to 10-cents per pack. In addition, Missouri counties of the first class (St. Louis, Jackson, Clay and Greene) may levy cigarette taxes. Of these, only St. Louis and Jackson counties levy a tax, both of which are 5-cents per pack. •
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( Missouri, page 5 Local tax increases have proven very difficult to stop. Advance information on such measures is often difficult to obtain and cigarette tax hikes usually enjoy good support from the electorate. Happily, though, there are exceptions to this. Successful campaigns against municipal taxes have been waged in the last year in Smithville, Lathrop, Cameron, and Marceline. Major'Issues -- State and Local Fiscal concerns are foremost in the minds of state and local legislators in Missouri. The Reagan administration's "New Federalism" has placed an increasing burden on state and local government to provide necessary services, while reducing financial assistance from the Federal government. In 1987, the State of Missouri and Missouri cities will face some serious financial problems, which will result in consideration of a wide variety of "tax packages." The tobacco industry undoubtedly will be involved in these issues. Outlook Preventing passage of an increase in Missouri's cigarette tax will be the most severe challenge. With neighboring Kansas and Iowa having recently increased their taxing rates to 24-cents and 26-cents per pack, respectively, Missouri's 13-cent rate is comparatively low. This makes introduction and passage of a tax increase more likely than ever in 1987. Cigarette tax increases in Missouri's counties of the first class and municipalities also will be difficult to stop in 1987. St. Louis County officials in 1986 sought statutory authorization to increase their county's tax from 5 to 10-cents per pack. They were unsuccessful, but will try again in 1987. In addition, many cities can be expected to attempt increases in their cigarette tax rate to help offset anticipated fiscal problems. Continued success against "clean indoor air" legislation at the state level is expected. The Institute's legislative counsel in Missouri has been very adept in dealing with this threat in the past; and anti-smoking groups do not yet show much sign of strengthening as a lobby in the state capitol. On the other hand, increased activity by anti-smoking activists at the local level is quite likely, and could pose a more serious threat. Efforts to pass smoking control laws should be expected in a number of Missouri cities. Likely candidates are St. Louis, Joplin, Columbia, and Springfield. Success against these proposed ordinances will require constant monitoring by the tobacco family and close cooperation with traditional allies and coalition members. December 1986
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C MONTANA PREFACE Montana's "Big Sky" country is the stereotype of the ruggedly individualist, frontier economy. Yet Montana is also a liberal, forward-thinking state with a deep concern for human services. The political pressures of these divergent political realities make legislative forecasting somewhat inexact. Montana's share of market is three-tenths of one per cent. STATE OVERVIEW Economic Condition and Outlook The reduction of federal funding promises to wreak havoc with the Montana state economy in the next few years. Montana legislators have come to depend on federal revenue sharing funds more than in most states. Historically an agricultural and mining economy, Montana has been hurt seriously by significant reductions in work forces in the mining industry. Entire communities are becoming ghost towns because of no activity in copper mining. In spite of these serious economic reversals in previous years, the Montana legislature has continued to fund new state construction programs, new human services programs and other revenue-hungry programs as if there were never-ending sources of dollars. Political Overview In state legislative races, 51 Republican House members were elected and 49 Democrats were elected. Previously, the House was tied at 50-50. In the state Senate, 25 Republicans and 25 Democrats were elected; therefore, the Senate President will be selected based on the party of the Governor. As Governor Schwinden is a Democrat, the Democrats will select the tie-breaking post of Senate President. In the 1986 session, the Democrats held a majority in that house by a margin of 28-22. There was no race for governor in 1986. In Congressional races, all incumbents were reelected.
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Montana, page 2 Significant State Problems Montana'a most significant problem is revenue shortfalls. Current estimates put the state's revenue needs between $100 million and $120 million. RESOURCES: STRENGTHS AND WEAKNESSES Tobacco Segments Montana's wholesaler association (Montana Association of Tobacco and Candy Distributors) has been quite helpful to us in the past. Due to the state's size, distributors, as well as member company personnel, are sparsely located, yet are able to make contact with key legislators from their respective legislative districts. The member company representatives are also willing to involve their accounts, retailers, etc., in fighting tobacco restriction measures. Business The Montana Retail Association has been moderately helpful to us in the past, as has the Montana Restaurant Association. Both organizations, though, are somewhat ambivalent to tobacco issues, preferring to become involved only in those that appear to affect them directly. Montana's vendors were not mentioned in the discussion of tobacco family because they are primarily food and music vendors. These businesses, although few in number, have been quite helpful to us in the past and would appear to be supportive of our efforts to limit excise tax increases. Labor Organized labor is traditionally a significant political force in Montana, largely due to its mining activities. However, because of the decline of that industry, labor's influence at the Capitol has waned. We have not been particularly successful in recruiting labor on any of our tobacco issues in the past, but such efforts will be a major priority during 1987-88. ANTI-TOBACCO FORCES .Montana does not have the traditional anti-tobacco forces at work in the legislature, at least on the surface. Most anti-tobacco legislation in past years has come from one or two specific legislators with a particular interest in tobacco restriction efforts. On occasion, the local Helena Lung Association does make its presence known to the legislature, and similar groups in Great Falls and Billings have contacted their local legislators. C e
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Montana, page 3 ( TOBACCO INDUSTRY Brief History Montana's first piece of tobacco restriction legislation was passed in 1979. At that time it was primarily a "sign ordinance" that required posting of signs announcing to patrons the availability of smoking or non-smoking areas. Since that time, efforts have strengthened the law to the point where the language now reads like a Clean Indoor Air Act. The cigarette excise tax remained at 12 cents from 1971 through the 1983 legislative session. In 1983 the legislature raised the state tax by four cents. In 1985 the legislature passed a contingency bill to increase the state tax by eight cents if the federal government reduced its tax on October 1. Outlook: Major Issues - State and Local Montana's prime concerns for the coming year are funding of its human services programs. Since the state did not receive the additional eight-cent cigarette tax it expected after the 1985 legislative session, there will be a strong effort to increase the cigarette tax to fund anticipated revenue shortfalls due to federal revenue sharing fund cutbacks. On the legislative front for 1987, a bill has been drafted to raise the state cigarette tax by 10 cents. Senator Richard Manning (D-Great Falls) is proposing this tax increase and will introduce it when the legislature convenes. On another matter, Initiative 30 (1-30) passed, changing the Constitution by giving broad power to the legislature in dealing with lawsuits. It is therefore likely that tort reform will be an issue in the 1987 session. Since statewide restriction laws essentially make local legislation unnecessary, it is unlikely that there will be any significant local legislative activity. December 1986
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C NEBRASKA PREFACE The State of Nebraska, having the nation's only one-house legislature, is a state of many contrasts. Ordinarily assumed to be a conservative Republican state, Nebraska has had Democratic governors for 16 of the last 24 years. However, in 1986, Nebraska elected its first female governor, a Republican, who defeated a female opponent. To equate conservatism with Republicanism would be a mistake. The conservatism of Nebraska's people stems from their independent, individualistic lifestyles. Its current population of 1.6 million has remained relatively constant since 1890. The market share in Nebraska is just over 0.6 percent. Nebraska's economy relies heavily on corn, livestock production (primarily pork), and the insurance business. The people of Nebraska have, for the better part of this century, provided our nation's eastern populace with an ample supply of grain and meats. To fully understand Nebraska's traditions and people, one must analyze its history back to the "boom days" of the 1880s and to the "bust days" of the 1890s. The 1880s were a decade of ample rain and general prosperity for the new settlers of Nebraska. However, the 1890s were a time of severe hardship due to the droughts and absence of an organized farm cooperative system. The famous orator and presidential candidate William Jennings Bryan emerged prominently as a result of this condition. Bryan was only 36 years old when he first won the Democratic nomination for President of the United States. Almost as a symptom of midwestern political thought, the progressive movement, as in Minnesota, Wisconsin and North Dakota, sprung to the forefront of Nebraska politics during the 1930s. Congressman, and later Senator, George Norris, led the progressive era in Nebraska, championing the Norris-Laguardia Act which was the first pro-union legislation in the United States. Additionally, Senator Norris promoted the controversial Tennessee Valley Authority. It is not surprising that during this period Nebraska, with its progressive fervor, decided to abolish one of its legislative houses to become the country's only Unicameral Legislature. ~ ~
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Nebraska, page 2 STATE OVERVIEW Economic Conditions and outlook Nebraska's economic condition, in a slightly sardonic sense, could be termed "typically midwestern." Its farm economy, with its back to the wall, has placed severe strains on that state's financial institution system. Already chronicled in the CBS network television show "60 Minutes," Nebraska's savings and loan system is an example of poor management, poor judgement and poor administration. Nebraska's economic condition, in the Omaha area, is considerably better. Bolstered by active insurance, railroad and agribusiness industries, a first impression of Omaha would be as a city on the move rather than in decline. However, as in any city vs. country situation, Omaha is still dependent on the economic health of the entire state. Due to the depressed farm economy, Nebraska faces the specter of annual budget shortfalls. These budget shortfalls required a major modification of the state's income tax in 1985, as well as an increase in the cigarette tax. The outlook for the near term is pessimistic; the farm economy could not be any worse, the banking community is under siege and the people will not stand for any new tax increases. Additionally, the special session in November placed emphasis on the'farm credit crisis. This issue will remain in the forefront during the 1987 legislative session. Political Situation: Current and Outlook The 1986 Nebraska Unicameral session adjourned in April. However, that legislative body went into special session in November to discuss issues specific to homestead exemptions, agricultural liens and other farm issues focusing on federal law mandate deadlines. Republican gubernatorial candidate Kay Orr won election by 30,000 votes, runriing up a majority of 53-47 percent over Helen Boosalis of Lincoln. Orr's election, in a comparative degree, is good news for the tobacco industry. With regard to the legislative elections several surprises emerged. Former caucus leader John DeCamp was defeated, recently indicted Senator James Pappas won reelection, while incumbent Senator Tom Vickers was defeated. ( ( All state constitutional offices are now Republican, while all members of the Nebraska Congressional delegation were reelected.
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C Nebraska, page 3 Significant State Problems Nebraska faces some major problems in the last years of the 1980s: o Chronic budget shortfalls due to a depressed economic situation, hampering the collection of revenues. o Potentially explosive banking occurrences, spelling collapse, and near collapse, of many of the state's existing banks. o A politicized and highly-charged environment. The departure of Governor Kerry adds instability to a state in search of long-term solutions to severe economic problems. C RESOURCES: STRENGTHS AND WEAKNESSES segments of the industry. Tobacco Segments There is no tobacco farming in the state of Nebraska, therefore, Nebraska's tobacco presence rests with the wholesale and retail Nebraska's wholesalers have been generally helpful in dealing with anti-tobacco legislation during the past year. It is becoming exceedingly clear, however, that the industry's relationship with wholesaling groups can become strained due to the existence of protective minimum mark-up laws in many states and Nebraska is no exception. Legislators around the country have cleverly noted that the "soft underbelly" of the industry's grassroots presence lies with the wholesalers' dependence on the minimum mark-up law. With this knowledge, it is becoming very common to see the introduction of excise tax increases while dangling the abolition of minimum mark-up laws, or the reduction of discount rates. It is within this context that industry lobbyists must walk gingerly through the "minefield" and appeal directly to the wholesalers' interdependence with the tobacco industry as a whole. Business The Nebraska business community, particularly the Omaha and Lincoln chambers of commerce, have been very helpful in our efforts to defeat anti-industry legislation. However, private anti-smoking groups have emerged in the offices of major Nebraska industries attempting to regulate smoking in the private workplace.
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Nebraska, page 4 Labor Labor, as a major force, is not pronounced in the State of Nebraska. With the exception of the Omaha area, labor's grasp on the state as a whole, is minimal. Institute Resources The most valuable resource that TI can provide in order to maintain or strengthen our efforts in Nebraska, is the adequate funding of the best lobbyist possible, assisting the Nebraska wholesalers' organization and the continuation of the corporate campaign contribution program. ANTI-TOBACCO FORCES For four legislative sessions, a clean indoor air bill has been introduced in the Nebraska Unicameral. Although failing on each of these legislative attempts, anti-tobacco forces in Nebraska have stated their goal to revise the state's broad, but unenforced 1979 Clean Indoor Air Act next year. The most zealous anti-tobacco activist in the legislature is Senator Shirley Marsh of Omaha. Senator Marsh has consistently pushed for a strict workplace smoking bill and has, at every turn, urged punitive legislative policy against the industry. TOBACCO INDUSTRY Success and Problems - History The cliche "close but no cigar" applies to the most recent legislative history in the state of Nebraska. It is important to note that due to the legislative rules and the nature of a Unicameral legislature, a bill is not dead until the legislature adjourns sine die. Nebraska's legislative rules present the following train of events: introduction, committee action, first reading (General File), second reading (Select File), third reading (Final Reading), messaging to the Governor, veto or enactment and veto override. The most unnerving aspect of this system is that legislation can be reconsidered by a simple majority vote at any step before Final Reading. Major Issues - State and Local The following issues will be in the forefront of consideration during 1987: C ( Clean Indoor Air Act. Proponents have already announced their intention to promote more restrictive legislation during 1987.
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1C Nebraska, page 5 ' Tax Increase. Although hit with a 5-cent tax increase in 1985, Nebraska's farm crisis and economic situation spells more trouble. OTP Tax. The legislature might feel that since it recently hit cigarettes, a look toward other tobacco products as another revenue source is appropriate. Outlook It could be assumed that the first bill to be considered having an impact on the industry would be a smoking restriction bill. Depending on revenue projections, tax bills may not be far behind. December 1986 (
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C NEVADA ( C PREFACE Nevada, which has a four-tenth of one percent share of the market, is California's smaller cousin. It is divided from California by the Sierra Mountains in the north and the Mojave Desert in the south. California residents are the largest utilizers of Nevada's major industry -- tourism and gambling. Nevada is affected sometimes quite deeply by what happens in California. But because of its geographic location and relatively small permanent population, Nevada is isolated from other neighboring states. Nevada is not a wealthy state. It has meager natural resources and its geography is basically mountains and desert. STATE OVERVIEW Economic Condition and Outlook While Nevada's major industry, tourism and gambling, is generally thought to be recession-proof, Nevada has nonetheless felt the impact of competition for the gamblers dollars from Atlantic City, cruiseship gambling, state lotteries, etc. As a result, the economy is not as healthy as it once was. On the plus side, Nevada has a small but growing industrial base composed primarily of small manufacturers and commodity distribution businesses. These business leaders are taking advantage of cheap land, low living costs and the income tax-free environment Nevada offers. Reno is barely four hours by Interstate highway from all the major population centers in Northern California, and Las Vegas is not a great deal farther from Los Angeles, Orange County and San Diego. Thus, Nevada's two major population centers, containing about 80 percent of its citizenry, are healthy and vigorous and can expect to continue to enjoy prosperity so long as California remains healthy. Nevada, because it has so much desert wasteland, is one of the target states for repository of high level toxic waste. Many in the state view this as very attractive since it would create a whole new industry in the state and bring in perhaps hundreds of millions of dollars in new state income. Political Situation Governor Bill Bryan handily won re-election in 1986 - largely because Republicans were unable to field a good opposing candidate. Bryan is thought by many to have ambitions for the U.S. Senate in 1988 when incumbent Senator Chic Hecht will stand for re-election. The election of a Democratic Lt. Governor, Bob Miller, to replace Republican Lt. Governor Bob Cashell can only encourage such ambition.
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Nevada, page 2 The Nevada Legislature saw a major flip-flop in 1986 elections. A one-term Republican majority in the 42-member Assembly reverted to a safely Democratic majority with 15 new Democratic assemblyman against one new Republican. This represents a 40% change in names and faces in this body. Assemblyman Joe Dini is expected to be elected Speaker. The Senate's Democratic majority similarly flip-flopped to a 12-9 Republican majority. Senator Bill Raggio is expected to be elected Majority Leader, the top power post in the Nevada Senate. It is difficult to assess the impact of these changes at this point. However, since 12 of the new Democrats in the Assembly are from Clark County (Las Vegas) it is possible to guess that there will be a more liberal tilt to this body. The Senate, always conservative, will continue to be so. Significant State Issues o Health care cost containment. o Tort reform/Insurance regulation. o High level nuclear wastes. o Money will be tight but manageable. New leadership is known to oppose additional taxation. o Lake Tahoe land development. o Education funding. RESOURCES: STRENGTHS/WEAKNESSES Tobacco Segments Virtually non-existent in few representatives within wholesalers and the major operations. Business • this state. Member companies maintain the state. There are only a few ones are branches of California based Gaming and distribution centers are still the major businesses in . Nevada. Gaming is with us on smoking restriction measures but takes an "it's them or us" attitude on taxation. Labor Is a significant factor in Nevada, particularly the gaming, hotel, and restaurant employees unions. While untried on tobacco issues, we believe some support will be available if needed. (
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t Nevada, page 3 ` C ANTI-TOBACCO FORCES They are only recently coming into evidence in the state. The Reno Chapter of ALA seems to be the major one. Their activity to this point has been in developing news stories aimed at eventually causing smoking restrictions legislation. A few legislators are known to harbor anti-smoking feelings but to this point their efforts have been quietly contained. TOBACCO INDUSTRY Brief History of Successes and Problems Our major losses in this state have been in the tax area. The state's tax system and the attitude that tourists pay most of such taxes make excises continually vulnerable. Smoking restriction measures will probably be a problem in 1987. At least one member has indicated that he will introduce a restriction bill for grocery stores at the request of his constituents. Outlook We can expect to be challenged, but the Nevada legislature does not generally put up with attempts at frivolous legislative initiatives. The new members of the legislature are mostly unknown quantities and as such are unpredictable. Call Nevada questionable for 1987. December 1986 C
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NEW HAMPSHIRE PREFACE Like many other New England states, New Hampshire is really two states. The northern half above Manchester still retains the flavor, attitude, and appearance that the nation has come to expect from the site of the "first in the nation" presidential primaries every four years. The southern counties, on the other hand, have been described as simple adjuncts to their southern neighbor Massachusetts. These three southern counties have experienced phenomenal growth in the last ten years. The influx of large numbers of Massachusettsites and other transplants has been a challenge for New Hampshire in recent years. These newcomers are generally more educated, more politically and socially active, and more liberal than the indigenous population. They expect more from government, and they are willing to pay for more. The conflict between newcomers and the long-term population can be evidenced not only on the "op ed" pages of the various newspapers, but also in legislation enacted and.in initiative/petition efforts. An example of the complex forces at work was the voter response to two separate initiatives which appeared on the November 1985 ballot. In the first instance, the voters were asked to. determine whether the legislature should have annual sessions or continue meeting once every two years for 60 legislative days. By a narrow margin, the people voted in support of annual sessions. On the other hand, the voters were asked to determine if there should be a reduction in size of the.New Hampshire legislature. In this instance the voters chose to reject the concept of a smaller, "more efficient" legislative body. While clearly different questions, the underlying issue -- "progress" -- is the same. It is the question of full-time, professional legislators versus part-time, citizen legislators. Not surprisingly, a full-time, professional legislature concept is supported primarily by those recent arrivals to the state. The slower, part-time body is supported by the long-term residents. These two votes may be somewhat symbolic of the dynamics at work within the state, both in the public and private sectors. They are dynamics that are likely to both help and harm our fortunes in 1987. C ..
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New Hampshire, page 2 There are approximately 1.2 million people in New Hampshire. It has a 0.7 percent market share and a 17-cent per pack excise tax on cigarett'es. No sales tax exists in the state. Taxes are collected on approximately 197 million packs of cigarettes, producing state revenues of approximately $34 million in fiscal year 1985. This represents a decline of 12 million packs and a decline of $800,000 in state revenue since 1984. STATE OVERVIEW Economic Condition Most people tend to agree that the state has a reasonably large surplus. The question is, "How large?" And, the effects of federal tax reform and "budget reconciliation" are yet to be determined. . The private sector economy, particularly in the southern tier, continues to grow rapidly. The favorable tax laws in New Hampshire make the state'most accommodating for both large'and small businesses. The lack of both state income and statewide sale's taxes makes residence in the state particularly attractive to employees. Historically, the state's largest business has been the hospitality industry. Recently, the manufacturing of durable and consumer goods has replaced the hospitality industry as the number one employer and revenue producer for the state. The reliance of the state on special excise taxes for the bulk of its operating revenue is poor economic planning. These taxes are not only regressive,.but also rely on the whim of consumer spending. The state's stand on income and sales taxes has made it a shining example to national conservatives. However, there is a general-consensus that-at some point, if a more realistic taxing policy is not developed, the entire "house of cards" will come crashing down. - Political Situation An analysis of the political situation in New Hampshire depends on your point of view. It is generally accepted that Governor Sununu has developed a good administrative program for running the state. The voters confirmed this by returning the governor for another term. The only blemish on the campaign was the Seabrook nuclear power plant issue. It did syphon votes away from Sununu. However, at the legislative level, in contrast to the apparent calm of the Chief Executive's Office, there is apparent disarray. The political parties have little or no clout and less control of their members. They are poorly financed, understaffed, and have no substantial campaign funds to ensure the loyalty of party members. In the 400-member legislature, there are no strong political leaders, and the elected leadership that does exist very much serves at the sufferance of the body. C e
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C c New Hampshire, page 3 . An example of the near anarchy in the legislature is the case of anti-tobacco activist Sen. Johnson. In 1983 Sen.= Johnson was defeated for the Republican nomination for his Senate seat. Since the Democrats had no credible candidate in the district, Sen. Johnson decided to run as a Democrat. In order to do that, he needed the permission of the Democratic party. That permission was granted on the condition that Sen. Johnson register as a Democrat and remain a Democrat throughout his term in office. Sen. Johnson agreed to those terms, ran a successful campaign, and was elected to the New Hampshire State Senate, whereupon he immediately re-registered as Republican. This is somewhat indicative of the disdain individual members have for party and legislative leadership control. In order to win the Senate presidency, Sen. William Bartlett forged a coalition of.Republicans and Democrats. The reward was six committee chairmanships for Democrats. This may consolidate control, but it also diminishes true power. An added pressure on the political condition of the state is the rapidly approaching "first in the nation" presidential primary. The attention that is normally focused on this event is likely to be heightened by the entry of Massachusetts Governor Michael Dukakis into the fray. He is likely to make nuclear and other environmental issues a part of the campaign rhetoric. This could spill over and do tobacco interests no good. Significant State Problems One of the major concerns is unrestricted resort and business growth. That general concern spawns a variety of environmental concerns with which the legislature must deal. One of the main, but little recognized, concerns that must be faced in the next year is the condition of Public Service of New Hampshire. The state's only electric utility is in serious jeopardy of going into bankruptcy. The funds being drained off by the construction of the nuclear power facility at Seabrook, combined with some untimely conversions to coal-generated electric plants, have resulted in enormous pressures on the utility. The fortunes of private corporations, and, indeed, the entire state, are at stake. In this area the Commonwealth of Massachusetts and its presidential aspirant, Governor Dukakis, are active players. In a move to assure himself coverage in New Hampshire's "first in the nation" primary, Dukakis has refused to certify the emergency evacuation plans for Seabrook, further delaying the opening.
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New Hampshire, page 4 RESOURCES Tobacco Segments The tobacco industry in New Hampshire is extremely small. There are fewer than 50 manufacturer sales representatives, only eight wholesalers, and a very small vending industry. The largest single tobacco-related ally is the New Hampshire Retail Grocers Association. Traditionally, the New Hampshire Retail Grocers Association has provided the industry with outstanding support. That support should continue. The recent tendency of the tobacco industry at the wholesale level to contract-out has a marked impact on states like New Hampshire, where one or two in-state and one or two out-of-state wholesalers might end up dominating the market. Business For many years the business community in New Hampshire enjoyed a certain level of security. The extremely conservative Thompson Administration and the desire of Democratic Governor Gallen to avoid the appearance of being a liberal Democrat resulted in extremely secure legislative conditions for the general business community. Unfortunately, the result was a growing lethargy and lack of involvement in the legislative process. In fact, for almost 18 months the Busiriess and Industry Association of New Hampshire--an amalgamation of the Southern New Hampshire Business and Industry Association and the old New Hampshire State Chamber of Commerce-- was without an executive director. That condition is mirrored by the New Hampshire Hospitality Association, which has been without a full-time executive director since the retirement of Hal Thomas in 1983. _ Part of the reason for this, like the BIA situation, is an actively involved board of directors. There are those within each organization who argue that since the members of the organization are so actively involved in its legislative concerns and day-to-day operations, there is no need for expansion of the full-time staff. Many share the opinion that the decision has- more to do with an unrealistic impression that "they (the legislature) can't do anything to us (the business community)" and a certain degree of Yankee cheapness. They, frankly, aren't willing to pay for the type of legislative representation they require. With regard to tobacco issues, the business community tends to be a very reluctant ally. It views tobacco issues as "no-win" situations. . (
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( C c New Hampshire, page 5 Labor The largest labor organization is the New Hampshire State Employees Association. From time to time the New Hampshire State Employees Association has been supportive. But, it is usually bogged down in its own running battles with the legislature, which is usually trying to avoid paying its most recent pay increase. For the most part, organized labor (AFL-CIO) is not a significant force in New Hampshire. Institute Resources We have been able to defend successfully against the anti-tobacco activists by utilizing the resources and manpower of our friends and allies, especially in the hospitality and retail grocery industries. In 1986 we were successful in bringing the Business and Industry Association into the battle on our side. However, as our legislative needs increase in New Hampshire, it is likely that we will have to continually review the need for additional legislative help and the help of other consulting services, such as public relations. As in all of New England, one of our biggest assets in the state is our legislative team. Their access to both sides of the aisle in both houses and to both ends of the political spectrum has made our overall program the success that it is. ANTI-TOBACCO FORCES Anti-tobacco organizations in New Hampshire have become better organized. However, they are less organized than elsewhere in New England. In recent years, they have come together under the popular title of Coalition on Smoking OR Health. That coalition has now learned how to work together toward a single legislative objective. . The prime mover against the tobacco industry in the state is the New Hampshire branch of the American Lung Association. That particular group is among the most active lung associations in New England. The association has also broken from its regional and national counterparts in that it no longer approaches business in a simple, adversary context on the smoking issue. The lung association has begun to attempt to develop voluntary programs within the restaurant and business communities. Part of their goal is to get on the inside of the major business organizations and stay there long enough to erode our credibility Gb and our efforts. To date the assocition has not been successful. ~ However, that effort has made it much more difficult for us to ~ make the major business organizations move decisively in our ~ favor. cli 01 W
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New Hampshire, page 6 TOBACCO INDUSTRY Brief History A review of the industry's efforts reveals an extremely successful record. Since 1977 five pieces of tobacco legislation have been enacted in New Hampshire. The first two, in in 1977 and 1981, dealt with smoking in public places. The third was the passage of a 5-cent tobacco tax increase in 1983. The most recent were bills prohibiting smoking in large grocery stores and requiring smoking policies in places of work. Undoubtedly, one of the key problems we face in New Hampshire is the recognition that, on a.tax level, New Hampshire is the keystone of the New England states. As the lowest tax state in the region, an increase in any of the New Hampshire taxes, including tobacco, usually results in an increase in taxes in the other states. This makes New Hampshire extremely vulnerable to both internal and external pressures, as we saw in 1985 on the federal sunset tax activity. Major Issues--State and Local The major issue of concern in 1987 and beyond is the workplace issue. The lung association and certain legislators have- targeted this issue as one of their key legislative concerns for the next session. In the future, the "youth" issue will become a major concern. In 1985 and 1986 we witnessed efforts to prohibit all sales of cigarettes in vending machines-and to impose stringent fines on retail grocers who sell products to minors. These will return in 1987. Finally, the smokeless tobacco controversy is likely to draw us into areas, like sampling, that we would prefer to avoid. _ c As in Maine and Vermont, the tobacco issue has not yet reached the local level. When it does, we are likely to see, as the nuclear activists attempted three years ago, a restriction question on the town meeting warrant in every town across the state -- all on one day. If that occurs, the issue will have to be approached from a statewide referendum perspective, as opposed to a simple, local situation. . Gb Outlook Q Undoubtedly, 1987 will be a most difficult year for the tobacco industry. The level of negative tobacco media activity in the New England region has created a general impression among the population at large and the legislators that there is a completed case against environmental tobacco smoke. That means we are walking into any legislative hearing two, and in some cases three, strikes down. It makes the industry's perspective a difficult "sell" at best.
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New Hampshire, page 7 To this overwhelmingly negative press is added the influx of liberal southern New Englanders. These people are a ready-made anti-tobacco grassroots organization. The next two years may in fact be benchmark years on the tobacco issues. Attempts to expand the workplace statute, combined with sampling, advertising, and vending sales bans, will provide a focus for anti-tobacco forces during that time. December 1986 ( C
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C NEW JERSEY ( New Jersey is, in every sense of the word, a stepchild state. The Garden State is a suburban bedroom community of New York City on its northern border and Philadelphia on its southern border. A large number of New Jersey residents commute to these metropolitan areas to earn their livelihoods. Recently, however, a large number of corporations have abandoned New York City and have developed new corporate headquarters in northern and central New Jersey. The New Jersey economy is fueled by essentially white-collar workers, although blue-collar industries are prominent in the northern part of the state. The state also enjoys a bright economic condition with unemployment below the national average. Beyond a 70-mile radius of New York State, New Jersey is rural, with agriculture the predominant industry, particularly in the southern part of the state. The state capital, Trenton, is located in central New Jersey, which enables lawmakers to travel to the capitol quickly. As a commuter legislature, the legislative session is year-round and lawmakers, although they may not be in session, continue to hold committee meetings either in Trenton or in various parts of the state. This means the state is constantly besieged by legislative activity. STATE OVERVIEW Economic Condition and Outlook The state economy is now in its best condition in recent history. Although much of the land area has lost its agricultural role, the continuing increase in population and the ensuing housing boom has put state revenues at an unprecedented surplus level. New Jersey is a bedroom community of New York City and Philadelphia. A large percentage of the work force commutes daily, but lives and plays in the Garden State. New Jersey's white-collar work force is well educated and enjoys a standard of living well above the national average. The once-prosperous agricultural population is dwindling rapidly as land values shoot through the ceiling. Corporations are relocating from New York City and opening up plush corporate parks in lush green settings. There is good reason to believe that New Jersey's economy will continue to be prosperous. Only a national economic slump would change this forecast.
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New Jersey, page 2 Political Situation Although traditionally thought of as a Democratic blue-collar state, since 1981 voters have stampeded to the Republican party. The state is one of the few that conduct odd-year elections. With Governor Kean running at the top of the ticket, Republicans enjoyed a sweeping victory in 1985 by winning control of the New Jersey Assembly for the first time in 14 years. In 1981 Governor Kean was elected by a slim 1,700 vote margin and inherited a Democratically controlled legislature. Now, however, Republicans have control of the Assembly and enjoy a 50-30 margin. Senate elections are held every four years; Assembly members serve two-year terms. The Democrats still maintain control of the Senate by a 23-17 margin, but based on the past sweeping victories of the Republican party, Senate Democrats will be focusing much more closely on their reelection prospects in 1987. Because Governor Kean enjoys such popularity, because of the bright economic condition, and because of the changing nature of the political party alignment, the once-influential Democratic party machinery is crumbling in the face of Republican prosperity. The battle for control of the 203rd New Jersey Legislature, which will be settled on November 3, 1987, is now underway. The Republicans are looking to pick up the four seats necessary to gain control of the 40-member Senate. The Democrats are seeking to win back the 11 seats they need to regain control of the 80-member Assembly. Governor Kean cannot seek reelection. With Republicans controlling both Chambers, Kean has an opportunity in his final two years in office to do many of the things he has been unable to do during his first six, as well as pursue any national elective office. Significant State Problems The State of New Jersey, and particularly the legislature, will face significant problems addressed by other states in the recent past. These problems come full circle to New Jersey as the media paints a picture of nonactivity by the legislature when comparing the state's activity to the surrounding state's legislative efforts. These issues include liability insurance questions (particularly ~ medical malpractice), toxic waste disposal/clean up programs, infrastructure rebuilding, and automobile insurance rate 4-V ' 0 questions. W Although not problems at the present time, several issues may =b surface in this final year of the two-year session. They may include amendments to the recently-adopted smoking restriction laws, the issue of fire safety, advertising restrictions and smokeless purchase age restrictions. C C e
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New Jersey, page 3 RESOURCES: STRENGTHS AND WEAKNESSES Tobacco Segments Tobacco is not grown in New Jersey and other segments of the industry are only a small part of the business community. The other segments consist of manufacturers and their subsidiaries, distributors and retailers. By their numbers they could be considered insignificant players in the economy of New Jersey. The Tobacco Distributors Association of New Jersey is a diverse group, with internal "dog-eat-dog" problems. Despite internal problems, the association has been responsive to requests to mobilize its membership as well as its customers. The executive director, as a former member of the Assembly, has kept the organization in the forefront through actions and contributions to assist in impacting the legislature. The association also continues its political campaign contribution program to support effectively members of the legislature who are receptive to the industry's concerns. The Tobacco Action Network (TAN) in New Jersey has 451 activists. These activists have been particularly responsive to local legislative activities in their legislative support efforts. This past year our TAN activists were not mobilized as the legislature adopted 6 restriction bills in 1985. Business There are two primary business organizations in the state. Generally, the New Jersey Business and Industry Association and the New Jersey Chamber of Commerce have been responsive to industry requests to assist with adverse legislation. Several member companies have been members of these organizations in the past and have been helpful. However, particular problems arose in 1985 regarding the adoption of smoking restriction legislation. The New Jersey Business and Industry Association endorsed workplace restriction legislation. Efforts have been ongoing to work.with these organizations and it is perceived that they will continue to oppose any additional restrictions regarding smoking in the workplace. Also, these organizations have been in the forefront of efforts to promote voluntary workplace programs. Labor New Jersey's labor groups have traditionally remained neutral on smoking restriction issues. An exception is AFSCME, represented by James Hedden, a former TI employee. Because union membership is on the decline and they are concerned with other labor related issues, it is not expected that unions will become extremely active on issues of concern to the industry.

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