Cigarettes Tax Renewal to Governor

The Legislature is challenging Gov. Bobby Jindal’s pledge to veto the renewal of a 4-cents-a-pack Lucky Strike cigarette tax that would expire in 2012.

Senators voted 29-8 Thursday to approve HB591 by Rep. Harold Ritchie, D-Bogalusa, which House members earlier approved 70-30. A two-thirds vote (26 in the Senate, 70 in the House) is the minimum vote required for a tax bill to pass.

Jindal has labeled it a tax increase and, through spokesman Kyle Plotkin, renewed his intention to reject the measure. Many lawmakers disagree with the governor’s interpretation that it’s an increase.

“This is the right thing to do. This is the right time to do it,” said Senate President Joel Chaisson, D-Destrehan, who handled Ritchie’s bill on the Senate floor.

The tax produces about $12 million a year that currently goes into the state general fund. As amended by the House, the bill dedicates the revenue to health care programs that are eligible for federal matching funds.

“We’re talking about $50 million for health care simply by renewing a tax that’s to expire,” Chaisson said.

Asked about the governor’s veto threat, Chaisson answered “We are a co-equal branch of government. What he will or will not do has nothing to do with what is the right thing to do.”

Jindal has 10 days from when he formally receives the legislation to either veto or sign the bill.

With the Legislature in session until June 23, that would give lawmakers at least a week to assemble forces in an attempt to override the governor’s veto.

An override would require the same two-third vote that the bill took to be approved.

The bill passed with three votes to spare in the Senate, but it was approved with not a vote to spare in the House, so that’s the likely place for failure. The governor’s office is certain to be rallying support to uphold the veto.

Only one veto override attempt has been successful. Legislators overrode former Gov. Buddy Roemer’s veto of an abortion bill that was later thrown out by the U.S. Supreme Court.

Sen. Robert Adley, R-Benton, was among the senators who opposed renewing the tax that was originally adopted 11 years ago.