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Forces Kentucky. New web site with a forum!

Kentucky Rights:
A public yahoo group for anyone who wants to talk about the Kentucky ban situation.

To reach any and all Kentucky senators and reps there is a toll free number: 1-800-372-7181. You can leave messages of support for bills or whatever for as many as you want.

Terry Gray
2004 candidate for House of Representatives.

Terry Gray, president of FORCES Kentucky, video online debating Smoking Bans.

Read Terry Gray at The Jefferson Review.

Tobacco Taxes Kentucky's excise tax per pack of cigarettes: $0.030 Kentucky's excise tax collection for the fiscal year ending June 2002: $17,145,000 Sales tax on tobacco products: 6.00% Federal excise tax per pack of cigarettes: $0.39 Total federal excise tax collections in fiscal year 2002: $7,512,700,000

Who Profits from Cigarette Sales? click for larger view

click for larger view

Number of six-packs of beer that must be sold in Kentucky to produce the same state excise tax revenue generated by one carton of cigarettes: 6.7

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Number of bottles of wine that must be sold in Kentucky to produce the same state excise tax revenue generated by one carton of cigarettes: 3

Kentucky Smokers' Contributions
to the State Economy - 2003

Smokers Pay Excise Taxes2	$	21,436,000
Smokers Pay Sales Taxes2	$	114,324,000
Smokers Pay Tobacco Settlement Payments3	$	258,879,000
	$	394,639,000

• Income1

Kentucky smokers' median income	$	28,000
Kentucky nonsmokers' median income	$	$39,752

• Working families pay more1
  
  
  
  • 46% of Kentucky smokers had household incomes LESS THAN $25,000
    
  • 7% of Kentucky smokers had household incomes EQUAL TO or GREATER THAN $75,000
  The impact of smoker payments on the incomes of working families was more than THREE TIMES the impact on higher income smokers. Those who can afford it least pay a disproportionate percentage of their hard-earned income in smoker payments.

• Smoker excise tax/sales tax/tobacco settlement payments liability in 20024

Total average paid per Kentucky smoker in excise and sales taxes	$	137
Cost per Kentucky smoker for settlement payments to Kentucky	$	260
Total annual payments to Kentucky per smoker	$	397
Total annual payments to Kentucky per nonsmoker	$	0

TOTAL SMOKER CIGARETTE PAYMENTS TO KENTUCKY   Per year: $ 394,639,000 Per day: $ 1,080,463 Per hour: $ 45,019 Per minute: $ 750 Per second: $ 13

1Centers for Disease Control's Behavioral Risk Factor Surveillance System, 2002
2Orzechowski & Walker, Arlington, Virginia; from state revenue department.
3PriceWaterhouseCooper
4U.S. Census Bureau, 2000 state population and Centers for Disease Control's Behavioral Risk Surveillance System, 2002
5Tax comparisons are from Kentucky Office of the State Budget Director, Fourth Quarter, 2003 Quarterly Economic and Revenue Report, online at http://www.osbd.state.ky.us/publications/4thQTR-FY03.pdf. Budget comparisons are from the Kentucky Office of the State Budget Director, 2004-2006 Budget of the Commonwealth: Historical Data, online at http://www.osbd.state.ky.us/publications.htm.

A summary of Kentucky commonwealth law is provided below
(for specific questions regarding commonwealth law, contact your legal advisor.)

Minimum Age	Customers must be 18 years or older to purchase tobacco products.
Restricted Products	All tobacco products.
Acceptable Forms of Identification	A driver's license or other documentary or written evidence that the individual is 18 years of age or older.
Fine/Penalty Schedule for Selling to Minors	Selling or causing the sale of tobacco products to persons under age 18 is prohibited. Soliciting the purchase of tobacco products by a person under age 18 is also prohibited. Violators will be subject to a fine of $100 - $500 for the first offense, and $500 - $1,000 for subsequent offenses. Any person selling tobacco products shall require proof of age from a prospective buyer or recipient if the person has reason to believe that the prospective buyer or recipient is under the age of 18. Before beginning work as retail sales clerks, retailers are required to inform employees of state law and have employees sign a statement that says: "I understand that under the law of the Commonwealth of Kentucky, it is illegal to sell or distribute tobacco products to persons under the age of eighteen (18) years and that it is illegal for persons under the age of eighteen (18) years to purchase tobacco products." Retailers must keep the signed notices in a place that is easily accessible to any state employee conducting an inspection. Retailers must also notify clerks that proof of age is required from a prospective buyer or recipient if the person has reason to believe that the prospective buyer or recipient is under the age of eighteen 18. Violators will be fined $100-$500 for each offense.
Affirmative Defense	None.
Minor Possession	It is illegal for persons under age 18 to purchase, attempt to purchase, accept receipt, or attempt to accept receipt of tobacco products, or to use proof of age that is false, fraudulent, or not actually his or her own for the purpose of purchasing or receiving a tobacco product. It is not a violation for a person to accept receipt of a tobacco product from a family member or from an employer when required to do so in the course of employment. Violators will be fined $50 and be required to perform 20 hours of community service work for a first offense and fined $200 and be required to perform 40 hours of community service work for any subsequent offense within a one-year period. No person under the age of 18 shall possess or use tobacco products. Any tobacco product found in the possession of a person under the age of 18 and in plain view of the law enforcement officer shall be confiscated by the law enforcement officer making the charge.
Sign Requirement	Retailers are required to post in a conspicuous place a sign stating that it is illegal to sell tobacco products to persons under age 18. Violators will be subject to a fine of $100-$500 for the first offense and $500-$1,000 for each subsequent offense.
Compliance Checks	As a condition of receiving federal substance abuse block grant funds, federal law requires the Commonwealth of Kentucky to conduct random, unannounced inspections of tobacco outlets to determine compliance rates. Persons under the age of 18 may be enlisted to test compliance, provided that written parental consent has been given, and that minors are under the direct supervision of the department or law enforcement officers. The Department of Agriculture coordinates the inspections.
DISCLAIMER: This information summary is provided as a service of the Coalition, but is not intended to provide legal advice or analysis. These summaries are not intended to be complete representations of state law, which may contain additional rules and restrictions relating to tobacco products not mentioned in this summary, as well as retailing prohibitions related to matters including, but not limited to, state required training, minimum pack size, the sale of loose cigarettes and other restrictions. Retailers should not rely on these summaries as complete or accurate descriptions of applicable federal, state or local law. Users with questions about the law should seek the advice of counsel. Each state law is unique and possibly represents multiple legislative or regulatory acts. Local laws may differ. Check with local authorities for variations from state law. These summaries are not intended to be complete representations of state law.

The reprinting of this information from the Coalition, does not constitute a representation or admission by RJRT that such information is accurate, complete, or a proper characterization of the laws concerned. The Coalition for Responsible Tobacco Retailing is a cooperative effort among retailers, wholesalers and manufacturers who share a common goal: to do all they can to prevent tobacco sales to minors.

Ban on smoking bans OK'd
Invoking the words of Ronald Reagan and the Founding Fathers, members of the Senate agriculture committee said they were upholding personal freedoms by unanimously approving a bill that would outlaw local smoking bans. By a 10-0 vote, lawmakers embraced Sen. Dan Seum's proposal, which would prohibit cities from banning public smoking in areas other than local government buildings. Under the bill, cities could require businesses to post entrance signs that state their smoking policies, giving adults the choice whether to walk into a smoky environment, the committee members said. Several supporters described the bill as "common sense."
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Smoking Ban Delayed Again
By Michael A. Lindenberger.
Fayette judge must rule on suit, appeals panel says. The Kentucky Court of Appeals ruled yesterday that Lexington's smoking ban can't take effect before a Fayette County judge rules on the lawsuit brought by business owners fighting the prohibition.

Smoking Ban Proposal Heats Up In Tobacco Belt
By Bruce Schreiner.
Sandy Fields, owner of downtown Rosebud Bar, said the smoking prohibition would put her out of business. The issue cuts deeper than economics -- Fields said the ban would infringe on personal rights, an erosion perpetrated by people wanting to impose their lifestyles on others.

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