January 16, 2008
Only cigarettes that can self-extinguish could be sold in Michigan after January 1, 2009 under legislation being considered by the House Regulatory Reform Committee.
HB 5110 and HB 5111 are modeled after New York's statute dealing with reduced ignition propensity cigarettes, which have an additional layer of paper with bands on it that stop a cigarette from burning unless someone is actually taking a drag from it. The legislation calls for testing of these cigarettes so that no more than 25 percent demonstrate a full-length burn, with the manufacturer filing a written certification of that and paying the state a $1,000 fee per family brand. Cigarettes sold in the state would be marked as well and the fee would be used to enforce the law.
Rep. Michael Sak (D-Grand Rapids), sponsor of the bills, said 21 other states and Canada require fire-safe cigarettes and "this is the right thing to do" in Michigan.
State Fire Marshal Andy Neumann said there is $1.6 billion in property damage related to fires each year in Michigan. There were 35,000 fires in the state last year, causing 140 deaths and numerous injuries, he said, adding that nationally, about 30 percent of all fires are caused by cigarettes.
Mr. Neumann, with the Department of Labor and Economic Growth, concurring, said because the state would charge an enforcement fee by brand families and not names state officials believe it will not raise enough money for the program to be self-supportive.
By charging a fee to Marlboro, instead of a fee for Marlboro Lights, Marlboro Menthols, etc., the House Fiscal Agency estimates the state will collect approximately $132,000 annually. But DLEG and the Department of Treasury estimate they will need three additional staff members to enforce the regulations, at a cost of $252,000.
Mr. Sak and committee Chair Rep. Barbara Farrah (D-Southgate) said they will work with the stakeholders to address that issue. Ms. Farrah and Rep. David Palsrok (R-Manistee) said they don't like the idea of wanting manufacturers to comply with the mandate and then the state charging them a fee on top of that. Mr. Palsrok also questioned how hand-rolled cigarettes would be treated under the bills because they currently don't address that issue.
The Michigan Fire Inspectors Society, Children's Hospital of Michigan, Phoenix Society of Burn Survivors and the Great Lakes Burn Camp testified in support of the bills, saying that they will prevent deaths and injuries.
The Michigan Distributors and Vendors Association also submitted a card in support of the bills.
The committee didn't vote on the legislation, as there were only three of nine members present for the hearing.