Utah Legislature: House votes to raise cigarette tax by $1; Senate leaders waffle

SALT LAKE CITY — Utah House members voted Tuesday to raise the state tobacco tax by $1 a pack, the estimated $43 million going to offset budget cuts that GOP leaders say few want.

"If we pass this, it will likely pass the Senate, too," House Majority Leader Kevin Garn, R-Layton, told his 53-member GOP caucus earlier in the afternoon.

GOP Senate leaders, however, disagreed over whether a tobacco tax increase was backed during Tuesday's closed-door caucus, an indication of just how split they are on the issue.

Senate President Michael Waddoups, R-Taylorsville, said the caucus agreed to pass an increase. Senate Majority Leader Scott Jenkins, R-Plain City, said they didn't.

"We're not there yet," Waddoups said.

Waddoups and House Speaker Dave Clark, R-Santa Clara, met with Herbert Tuesday night. Clark said it was good that the House led out in passing the cigarette tax earlier yesterday. It gave a perspective to how the extra $43 million can help fill hot spots in the 2010-2011 budget.

Does Clark fear that Herbert may veto the tax hike requiring 50 votes in the House for an override? Lets say Im comfortable with 39 votes just one more than the 38 required for a bill to pass normally.

Both Waddoups and Sen. Allen Christensen, R-North Ogden, the sponsor of a bill raising the tax $1.30 to $2 a pack, said the Republicans were polled on how much of an increase they could accept. A majority of the 21 members, they said, stopped raising their hands at an increase of 70 cents a pack.

Even Senate Democrats are split on increasing the tax, Senate Minority Whip Ross Romero, D-Salt Lake, said, making it even less clear whether the Senate will go along with the House.

Still, getting HB196 out of the House helps GOP leaders there put aside some of their conservative members' harangues on taxes. With the decision made, representatives can concentrate on filling some "critical holes" in state program needs before adjournment March 11.

After some last-minute arm-twisting, HB196 passed the House 39-35, far short of the 50 votes House members would need to override a veto by GOP Gov. Gary Herbert.

"The governor doesn't support any tax increases, including tobacco," said Herbert's spokeswoman Angie Welling after the House vote. Last week, Herbert threatened to veto the increase, saying any tax hike would hinder economic recovery.