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Three Steps Forward, Two Steps Back: Tobacco Policy Making in Nebraska Andrew Wessel, University of California, San Francisco Jennifer K. Ibrahim Ph.D., University of California, San Francisco Stanton A. Glantz Ph.D., University of California, San Francisco
ABSTRACT: EXECUTIVE SUMMARY
In 2002, 22.7% of Nebraskans over the age of 18 were current
smokers, accounting for approximately 389,000 smokers.
Since 1995, the prevalence of adult tobacco use in Nebraska
has remained about 1 percentage point below the national
average, but per capita tobacco consumption in Nebraska has
been falling more slowly than the Unites States as whole.
The tobacco industry has directly been a major political
force in Nebraska through lobbying and campaign
contributions. The tobacco industry spent over $1,027,000
on lobbying from 1997-2002. The tobacco industry made
direct campaign contributions to the members of the 2003-
2004 Nebraska Legislature totaling almost $93,000 over the
course of their legislative careers.
Only 20 of the 49 members of the 2003-2004 Legislature have
never accepted money from the tobacco industry.
The tobacco industry has also worked to increase its
political influence in Nebraska by recruiting, often through
financial contributions, third-party allies such as the
Nebraska Restaurant Association, the Nebraska Chamber of
Commerce, the Nebraska Retail Grocers Association, the
Nebraska Petroleum Marketers and Convenience Store
Association, the Nebraska Retail Federation, the Nebraska
Association of Tobacco and Candy Distributors and the
Nebraska Licensed Beverage Association.
Despite opposition from the tobacco industry and its allies
and the lack of a well-established grassroots tobacco
control community, Nebraska was an early leader in passing
statewide clean indoor air laws. Due largely to the efforts
of state Senator Shirley Marsh, the Nebraska Legislature
passed its first clean indoor air law in 1974, only one year
after Arizona passed the first law in the nation that
required smoking restrictions in some public places.
In 1979, the Nebraska Legislature passed the Nebraska Clean
Indoor Air Act, which was sponsored by state Senator Larry
Stoney. The Nebraska Clean Indoor Air Act was stronger than
similar legislation that was proposed in New York,
Connecticut and Massachusetts at the same time. The tobacco
industry and its allies responded by mobilizing against the
implementing rules and regulations for the Act and succeeded
in weakened these regulations.
The Nebraska Clean Indoor Air Act was not strengthened for
20 years until 1999 when the Legislature passed a bill that
required that almost all state buildings and vehicles become
smokefree.
From 2000 -2003, the Legislature also strengthened the
Nebraska Clean Indoor Air Act by requiring that commercial
daycare facilities be smokefree and extending its
enforcement provisions to include business owners.
From 1999-2004, the Nebraska Legislature has rejected three
different attempts by state Senator Nancy Thompson to make
restaurants throughout Nebraska smokefree.
Using tobacco settlement money, in 2000, the Nebraska
Legislature approved $7 million per year for three years to
increase funding for a preexisting state tobacco control
program, Tobacco Free Nebraska.
Due to pressure from tobacco control advocates, the Nebraska
Legislature approved a $0.30 cigarette excise tax increase
in 2002, but the Legislature was only willing to pass this
increase during a budget crisis and no earmark was provided
for tobacco control.
Citing budget concerns in 2003, the Legislature cut funding
for Tobacco Free Nebraska from $7 million per year to
$405,000, despite several different options for continuing
funding for tobacco control.
In 2003, the Lincoln-Lancaster County Health Department led
the push to pass Nebraska first comprehensive smokefree
workplaces ordinances, but due to pressure from the tobacco
industry and its allies, the Lincoln City Council passed a
weakened and confusing ordinance that exempted bars and
allowed separately ventilated smoking rooms.
Tobacco control advocates have made progress in Nebraska,
but they have not yet mobilized the political resources
necessary to avoid suffering significant defeats at the
hands of the tobacco industry.
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