State of Tobacco Control

Topeka — In the wake of more than a decade of faltering public policy, Kansas’ state tobacco control efforts received three Fs and one C grade in the first annual American Lung Association State of Tobacco Control 2002 report. The report indicates that U.S. states have squandered more than $240 billion in tobacco settlements, missing an unprecedented opportunity to fund comprehensive tobacco initiatives proven to help protect children and adults from disease and death caused by tobacco. The national report card analyzes state tobacco control laws in four key areas — youth access to tobacco, smokefree air, tobacco program funding and cigarette excise taxes.

Kansas scored grades of “F” in tobacco prevention and control spending, smokefree air and youth access policy, while cigarette tax rated a grade of “C.” The recent 55 cent per pack increase in the excise tax did give the Kansas the seventh highest increase among states during 2002. At 79 cents per pack, Kansas currently ranks 19th among the states and District of Columbia in tax rate. There are 15 states with rates of one dollar or more.

“This report should be a wake-up call to the legislature about the true state of affairs in Kansas,” said Judy Keller, executive director, American Lung Association of Kansas. “Our cigarette tax should be at least a dollar, our smokefree and youth access laws are weak and the legislature has chosen not to spend settlement funds where they were intended — on tobacco prevention and control programs. The time is now to make the tough decisions on tobacco control that will save lives. We need the political commitment to get the job done,” she said. “We at the American Lung Association of Kansas have high expectations for tobacco control and its impact on lung health, but current state-wide laws in Kansas are not meeting those expectations.”

In Kansas, 20 percent of adults, 26 percent of high school students and eight percent of middle school students report that they smoke cigarettes, according to the Kansas Department of Health and Environment.

The American Lung Association State of Tobacco Control 2002 report analyzes individual states’ actions four years after the 1998 Master Settlement (MSA), through which the tobacco industry committed to paying 46 states approximately $206 billion over 25 years, in recovery of the states’ tobacco-related health care costs. “F” is the overwhelming grade in the national report. Forty-three and the District of Columbia states received grades of “F” in smokefree air laws; 33 states and the District of Columbia received grades of “F” in tobacco program funding, 17 states received grades of “F” in cigarette taxes, and 32 received grades of “F” in laws limiting youth access to tobacco. Only three states— Maine, New York and Rhode Island —scored the highest achievement of two “A” grades.

The state legislature has appropriated only $500,000 of Kansas’ settlement funds for fiscal year 2002 to tobacco use prevention. The remainder, as well as proceeds from the increased cigarette excise tax have gone to the general fund to plug the state’s growing budget deficit.

Making it less likely that children take up a deadly habit is the goal of tobacco access laws. But Kansas’ youth access efforts fall short by allowing minors’ access to products without the intervention of a clerk; by not requiring photo ID of customers who appear to be under 21 years of age; and by not totally banning cigarette vending machines or free distribution of cigarettes.

Although random inspections of establishments selling cigarettes are conducted in the state, it is under federal not state regulation.

Kansas’ smokefree air laws are considered frail. While state, county and municipal buildings and some public places must designate smoking areas, there are no statewide laws providing for 100 percent smokefree workplaces, restaurants and other public places. On a positive note, because the state’s clean indoor air laws do not “pre-empt” local ordinances, communities can set stronger standards to protect their citizens.

“Kansas citizens should be outraged — and embarrassed, quite honestly ¾ that we are so far from approaching the high bar set to protect public health from the ongoing tobacco epidemic in America,” Keller said. “The Kansas government has failed us by turning its back on the intent of the tobacco settlement, raiding funds to cover budget shortfalls and denying the state a sound investment in our citizens’ health.

“The American Lung Association of Kansas and its tobacco control partners across the state will continue to work, this session and in the future, with the Legislature and our new governor to improve the state of tobacco control in Kansas,” she said.

New laws will also try to curb smoking outside to only areas allowed, which include areas with patio furniture, areas not around artificial christmas trees, and areas that aren't next to offset umbrellas that could catch fire.