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OpinionFebruary 27, 1996

Why is the tobacco industry trying to deprive your local government officials of the right to enact laws concerning the sale and distribution of tobacco products? This is exactly what legislation proposed in Senate Bill 831, sponsored by Sen. Bill McKenna of Barnhart, and House Bill 1247, sponsored by Rep. O.L. Shelton of St. Louis, would do...

Why is the tobacco industry trying to deprive your local government officials of the right to enact laws concerning the sale and distribution of tobacco products? This is exactly what legislation proposed in Senate Bill 831, sponsored by Sen. Bill McKenna of Barnhart, and House Bill 1247, sponsored by Rep. O.L. Shelton of St. Louis, would do.

Both of these proposed bills contain the following provision: "The General Assembly hereby occupies and preempts the entire field of legislation concerning the sale, distribution, display, sampling or promotion of tobacco products to the complete exclusion of any order, ordinance, rule or regulation enacted or adopted by any political subdivision of this state after the effective date of this section. No county, city, town, village, municipality or department, board or agency or the state shall enact or adopt any order, ordinance, rule or regulation concerning the sale, sampling, distribution, display or promotion of tobacco products after the effective date of this section."

Why at this time if widespread dissatisfaction with centralized government would we want to deprive local officials of our cities, towns and counties of the right to pass local laws, ordinances or regulations concerning tobacco products? Why would we want to delegate this right exclusively to the Legislature?

The proposed legislation is marketed under the guise of strengthening the law controlling accessibility of tobacco products to children. Actually, it may weaken the enforcement of these laws, because it removes them from local control. Proponents say the proposed law would relieve convenience stores and other retailers from complying with the wide variety of local laws. These stores must now comply with local laws concerning liquor and other products. Why is it more of a problem for them to comply with similar laws regarding tobacco products?

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These bills were designed by the tobacco industry to specifically weaken control of the sale and distribution of tobacco products. With centralized authority, the tobacco industry can more easily and effectively influence lawmakers. This proposed legislation deprives your local county commissioners, mayors and city council members, library and hospital boards, boards and administrators of colleges and universities and all other local officials of the power to pass laws or regulations concerning tobacco products.

Do you believe state legislators will be less easily influenced by tobacco-industry lobbyists then will your local officials? Of course your don't. That's why you should immediately call or write your senator or representative to voice your concern about this blatant tobacco-industry attempt to deny your local officials the power to pass laws which you want in your community.

If your are opposed to big government, don't sit still and allow the tobacco industry to eliminate your power to control your community and centralize power in Jefferson City.

E.A. Wally Richter is a life member of the American Lung Associations of Missouri board of directors.

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