Proposals to discourage tobacco use are blossoming in the Legislature, and health groups say more are coming, including legislation to impose a hefty tobacco tax increase and ban workplace smoking, even in bars.
"The fact of the matter is, I'm for anything that stops smoking," said Janel Schmitz, director of the American Lung Association of North Dakota.
Rep. Duane DeKrey, R-Pettibone, has introduced legislation that would require a tobacco buyer to be at least 19 years old. The legal age is now 18. Two years ago, DeKrey offered a proposal to raise the tobacco-buying age to 21, which was rejected.
Under DeKrey's proposal, 18-year-olds may smoke tobacco, but they cannot legally buy it, and it is illegal for merchants to sell it to them. DeKrey said he would push to include the no-smoking provision if he believes enough House members favor it.
Two years ago, "there was zero support for 21," but a number of lawmakers told him they would support a minimum age of 19 for buying tobacco, DeKrey said.
A coalition of health groups intends to lobby for steep tax increases on tobacco and a workplace smoking ban. A bill to restrict indoor smoking has already been introduced, but it includes exceptions for bars and fraternal clubs. Those will not be exempted in the health groups' preferred measure, Schmitz said.
The tax proposal would raise North Dakota's levy on a pack of cigarettes by 70 cents, from 44 cents to $1.14. The state tax on a 3-ounce pouch of chewing tobacco would jump from 48 cents to $1.24, while the tax on a 1.2-ounce can of smokeless tobacco would rise from 72 cents to $1.86.
Two years ago, the Legislature rejected Gov. John Hoeven's proposal for a smaller tax increase on tobacco products. Hoeven sought a 35-cent increase in the tax on a pack of cigarettes.
DeKrey's bill would simplify school tobacco enforcement by having the same policies on and off campus, said Kathleen Mangskau, director of the Health Department's tobacco prevention and control division.
"This would make it more consistent with high school policy of allowing no smoking for high school students," she said.
But some school administrators say that hasn't been a problem. Increasing the minimum tobacco-buying age to 19 "wouldn't have a tremendous effect," said David Flowers, the Fargo school superintendent.
Most students graduate before they turn 18, and tobacco rules on campus are "black and white," Flowers said.
Others say the regulations are unnecessary, and that 18-year-olds should be allowed to make their own decisions. Rep. Randy Boehning, R-Fargo, said he's uncomfortable with so much regulation.
"If you want to discourage smoking, the best solution was a bill we had last time to just ban it totally," he said. The 2003 legislation, which sought to make it illegal to sell or use tobacco in North Dakota, got four votes.
Posted in State-and-regional on Thursday, January 6, 2005 6:00 pm Updated: 6:41 pm.
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