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Minnesota Cigarette Fee -Judge Rules It Illegal!

The 75 cent "health impact fee" on cigarette packs enacted last summer in Minnesota was recently ruled illegal by Ramsey County District Judge Michael Fetsch. The action was reported in the Pioneer Press.

The fee violates the terms of the 1998 multi-billion-dollar court settlement between the state and several tobacco companies, which paid for all past and future health care costs incurred by the state because of smoking, the judge said.

The ruling will cost Minnesota about $200 million annually, as the fee was helping to balance the state budget and was increasing funding to public schools.

Minnesota lawmakers and Gov. Tim Pawlenty can decide to appeal the ruling, amend the law to include the fee as an addition to existing state cigarette taxes, or accept the ruling and use budget surplus or tax relief money to make up for lost revenue.

Pawlenty pledged not to increase taxes during his 2002 campaign, but some lawmakers called the fee a disguised tax. However, tobacco companies have a case against the charge regardless of whether it is a fee or a tax, as long as it is designed to pay for smoking-related health costs, said Steve Patton, attorney for R.J. Reynolds, a cigarette manufacturer opposing the fee along with tobacco companies Philip Morris and Lorillard.


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