Utah Legislature: Proposed smoking tax would benefit education, law enforcement

SALT LAKE CITY — A bill increasing the cigarette tax that failed in committee is coming back, this time with a long list of earmarks for the $50 million in new revenue.

The proposal, labeled "an innovative idea" by Senate President Michael Waddoups, R-Taylorsville, includes spending for everything from public education to law enforcement, all paid for by raising the tax on a pack of cigarettes to $2.

"I'd rather not use 'pork barrel.' These are not pork," said the sponsor of SB40, Sen. Allen Christensen, R-North Ogden. "It's brand new money for programs that had been passed over."

Christensen has tried for several years to raise the cigarette tax from the current 69.5 cents a pack, one of the lowest rates in the country, to help curb smoking in the state.

Now, though, his bill will be focused on the revenue and the votes that he hopes his list of earmarks will bring.

"I've always said I don't care where those dollars go, and I still don't. But saying that didn't seem to get the traction I needed," Christensen said. "It's a mercenary move."

His new approach comes a day after his bill failed in the Senate Revenue and Taxation Committee. GOP members said they couldn't accept such a hefty increase in the tobacco tax.

And it follows threats by Gov. Gary Herbert to veto any tax increase this session, including tobacco. "I've said no tax increases, and I mean no tax increases," the governor told reporters on Thursday.

But Herbert has also expressed concerns about the cuts GOP lawmakers intend to make in the budget, including eliminating 29 Utah Highway Patrol troopers and reducing spending for public and higher education.

Christensen, who met with the governor Thursday to talk about the cigarette tax, said he hopes "he's softened his stance on this. He hasn't said absolutely he will veto this."

And Christensen has included the areas cited by Herbert on his earmark list — $10 million each for public and higher education to spend as they see fit and $2 million for enforcing the "illegal importation of tobacco," a phrase he said means saving troopers.

He said the list will be added to his bill Monday if his fellow senators agree to allow him to move it from the committee where it failed to the floor for debate.