Court date delayed for man charged in B.C. forest fire
CBC News Last Updated Mon, 21 Feb 2005 15:56:35 EST
KAMLOOPS, B.C. - A lawyer for a former firefighter appeared in provincial court in Kamloops Monday, after his client was charged with dropping a burning substance within a kilometre of a forest.
The accused man, Mike Barre, will be in court on March 7 for an arraignment hearing.
The charge against Barre stems from the McLure-Barriere fire that began in the summer of 2003 and burned thousands of hectares of forest.
The fire destroyed 65 homes and forced 8,500 people from McLure north to Barriere to flee.
It also flattened a local sawmill, which provided jobs for more than 200 people.
Investigators allege that a discarded cigarette started the blaze.
If found guilty, Barre could be fined $1 million and face jail time.
http://www.cbc.ca/story/canada/national/2005/02/21/bc-fire050221.html
'Rural revolution' takes to the road -ON
Lanark farmers joined counterparts from southwestern Ontario in a blockade of Highway 401 to bring attention to growing anger at a host of issues affecting rural life. Andy Lloyd reports.
Andy Lloyd The Ottawa Citizen Saturday, January 22, 2005
TILLSONBURG, Ont. - It was 5:30 a.m. when the bus came to an abrupt stop outside the darkened windows of the Putnam Community Centre, just east of Ingersoll, Ont.
A golden sliver of light was growing on the horizon, silhouetting the grain silos that dot the landscape. A regiment of 36 people, some farmers and some rural residents, disembarked from the bus they had boarded in Carleton Place exactly eight hours earlier. They had travelled through the night on a cramped coach to take part in the latest incarnation of the "rural revolution," a cause championed by the Lanark Land Owners' Association to which they belong.
Yesterday, more than 250 farm tractors blockaded Highway 401, shutting down both the eastbound and westbound lanes for hours at a time between Putnam and Ingersoll. The protest was initiated by area tobacco growers who feel the provincial government's anti-smoking legislation is hurting their business. Impressed with the Lanark association's previous demonstrations, Tillsonburg area tobacco farmers asked the organization for help. And the Lanark group answered the call. These self-appointed rural revolutionaries carried placards reading, "This land is our land. Governments back off."
Their message was clear: Governments and bureaucrats are killing rural Canada with excessive regulations and intrusive legislation.
According to the organizers, the protest was a sign of things to come.
"I think you're going to see a very strong, united rural movement throughout Ontario and across Canada," Randy Hillier, president of the Lanark association, said after the blockade. "People are recognizing they can make a difference if they just step up to the plate."
Mr. Hillier says the bureaucracy in this province is bullying farmers and rural people. "Bullies count on people to be fearful. We don't have fear."
Rural Ontario is a diverse expanse of pastoral landscapes, ancient stone farm houses, rusty wire fences that run along lonely roads, quiet villages where everyone knows everyone else, grazing cattle and sprawling fields. Coffee shops and corner stores. It may seem idyllic, but beneath it all tensions are simmering. There's a growing sense that rural Ontario, and indeed the rest of rural Canada, is under attack.
Increasingly stringent government regulations are provoking unrest among farmers and their neighbours. Some accuse politicians of pandering to big-city interests, leaving their rural counterparts in the dust.
The Lanark Landowners' Association says it's tired of waiting for action from governments and interest groups.
The association's emphatic president, Randy Hillier, is leading what he calls the "rural revolution." Ruthless in its accusations and emboldened by a large following, Mr. Hillier and his organization have launched a campaign of civil disobedience to bring attention to the plight of rural Ontario. It's not a strategy everyone favours, but it's one the Lanark group says is necessary. Despite critics who say inconveniencing the public won't garner support for the cause, the Rural Revolution is pushing forward
It started last March when 800 people blockaded a busy Ottawa intersection with farm equipment. Then in April, thousands of farmers and rural residents converged on Parliament Hill, with their livestock and tractors in tow, grinding traffic to a halt. In June, the association staged an illegal deer hunt to protest regulations that prevent farmers from killing nuisance animals on their property. In the fall, it held two food strikes in Pakenham, accompanied by more road blocks. The association even staged a mock trial in Perth, acquitting farmers who sell unregulated meat, produce and dairy products, and convicting government bureaucrats of impeding their freedom.It seems the protests have the attention of at least one high-profile politician. Ottawa Mayor Bob Chiarelli has called for a special summit this spring to address the discontent that has been festering in the city's rural sections since amalgamation in 2001.Yet yesterday's massive blockade of Highway 401 was the first in a series of threats, made directly to federal and provincial politicians, including Prime Minister Paul Martin and Ontario Premier Dalton McGuinty.The Lanark farmers set Jan. 14 as a deadline for the politicians to respond to demands. Evidently those demands weren't addressed, and the protest went ahead. Along with yesterday's blockade, the association is threatening to block international border crossings and major highways every Friday, culminating with a demonstration at Queen's Park in Toronto on March 9.It's not exactly clear just what would pacify the rural revolution. The Lanark group has asked for an amendment that would enshrine rural lifestyle and property rights in the Canadian Constitution. But that's hardly a short-term goal.It also cites grievances with a variety of legislation, including the Nutrient Management Act, the Safe Drinking Water Act, the Amalgamation Act, the Environmental Protection Act and the Fish and Wildlife Act. Certainly all of this legislation has a major impact on rural communities. In particular, after the Walkerton water tragedy, the Ontario government began developing a litany of stringent regulations to safeguard the province's water. Yet many farmers and rural businesses say they're paying for these regulations, suffering financially and emotionally. Calling bureaucrats and politicians incompetent, ignorant and cowardly, Mr. Hillier and the Lanark association say civil disobedience is the only option left.Yesterday, followers echoed that sentiment. Among them were Bert and Marion Timmins from Almonte. They run a small beef cattle operation. But when they talk about their life's work, they speak with an air of sadness, of resignation." I like to think of farmers as a visible minority," Mr. Timmins said. "We just don't get as much attention as the other ones." When the BSE crisis hit, their livelihood fell through the floor. The Timmins are still holding on to 45 cattle, unwilling to give in just yet. Even as he approaches age 70, Mr. Timmins dreams of better days ahead for the farm.
Like his friends, he's frustrated that governments aren't interested in addressing rural issues. "They think they can ignore it and it'll just go away. Well, it's not going to go away. "Mr. Timmins' cattle are virtually worthless as long as the American border remains closed to Canadian beef. It costs him more to feed them than he'd get for selling them. And he's hardly seen any of the much-anticipated government assistance packages for beef farmers. The Black family of Stittsville shared Mr. Timmins' concerns at yesterday's protest. Laura Black came home after four years of university to find things very changed. "The family farm was not the same as I left it," she said. Her family's steers that once sold for $1,200 a head were only worth $40 after the BSE crisis." You get a nice steak for that price in a restaurant. But you can buy the whole steer for the same price," she said, baffled by the absurdity of the situation. She thinks most urbanites don't have any understanding of the issues facing rural Ontario. And she hopes high-profile protests, like yesterday's, will change that, even if it inconveniences the public."We hope people can see we wouldn't be doing this if we didn't have to," Ms. Black said. "I think we need to have these rural strikes just to let people know we're completely up against a wall. Imagine being told you no longer make $50,000 a year. You now make $10,000 a year. Don't you think there'd be a strike the next day?" And beef farmers weren't the only ones with grievances yesterday. Sawmill owners complained of being shut down because the Ministry of Environment deemed large quantities of sawdust to be toxic. So they are angered when they see sawdust used in Ottawa's public gardens in the summer. A landfill employee from Lanark Highlands said he no longer recycles glass because the same ministry decreed his simple sorting system wasn't up to code. But without sufficient resources, he had to abandon glass recycling altogether. Others are upset about smoking bylaws. Some say they're treated rudely by Ottawa city officials. And the list goes on and on. Yesterday's protest was about rural Ontarians coming together to express their discontent. Decked out in jumpsuits and balaclavas to combat the frigid temperatures, they formed a convoy of tractors several kilometres long on Highway 401. The OPP diverted vehicles onto detour routes, out of sight from the protesters. But the rural revolution did command a heavy media presence.So, do these high profile protests work? The Ontario Federation of Agriculture decided not to participate in yesterday's protest, but rather to take a neutral position. Like most established organizations in the agriculture sector, the OFA advocates dialogue and negotiations with governments, not radical protests. "We appreciate some of their concerns, but this type of activity is against the law to begin with," Gary Struthers, a spokesman for the OFA, said.
"We're encouraging our members to contact their MPs and MPPs, the people responsible for the legislation that is causing us problems. ... If they don't listen to some of what's being said, they might not be re-elected." But Doug Clark, the editor of the Free Press Advocate newspaper, isn't so quick to question the Lanark association's methods." The fact that they keep getting people out speaks for itself. If they were totally without basis, you wouldn't get so many people going out on a cold day to make a statement like this," Mr. Clark said." If I was the government of Ontario, I'd be looking at this very carefully. I think anything that draws attention to the rural plight, that harms no one, is acceptable dissidence. We have the right to dissent, and they're exercising the right to dissent."
http://www.ruralrevolution.com/website/index.php?option=com_content&task=section&id=105&Itemid=158
Sarnia Area Facilities Rank High in Ontario's Top 10 List of Respiratory Polluters
List compiled by Pollution Watch released March 1/05
SARNIA, ON, March 1 /CNW/ - Three Sarnia area companies rank in the Top 10 facilities in Ontario for releasing air pollutants linked to respiratory illnesses, such as asthma and bronchitis. Ontario Power Generation's Lambton facility is at No. 3, Imperial Oil's Sarnia Refinery plant makes the list at No. 5, while Shell Canada Limited's Sarnia Manufacturing Centre ranks No. 8.
A Top 10 Ontario Respiratory Polluters list was released today by Environmental Defence and the Canadian Environmental Law Association. The groups developed the list from their web site, www.PollutionWatch.org, which uses the most recent finalized federal government data to rank facilities reporting releases and transfers of pollutants across Canada. The Top 10 list is based on 2002 data provided by industries to the federal government's National Pollutant Release Inventory (NPRI).
"This list shows that coal power plants, chemical manufacturing and petroleum refining are responsible for much of the poor air quality across this province, and industries in Sarnia are significant contributors," said Dr. Rick Smith, Executive Director, Environmental Defence.
The three Sarnia area facilities together contribute more than 16% of the over 605 million kilograms of suspected respiratory toxicants released by the Top 10 Ontario facilities.
Top 10 Ontario Facilities Reporting Air Releases of Respiratory Toxicants
2002 (NPRI)
-------------------------------------------------------------------------
Rank Companies Facilities City Air
Releases of
Respiratory
Toxicants
(kg) (NPRI)
-------------------------------------------------------------------------
1 Inco Limited Copper Cliff Smelter Copper Cliff 243,097,522
Complex
-------------------------------------------------------------------------
2 Ontario Power Nanticoke Generating Haldimand 144,122,635
Generation Station
-------------------------------------------------------------------------
3 Ontario Power Lambton Generating Courtright 52,878,144
Generation Station
-------------------------------------------------------------------------
4 Falconbridge Smelter Complex Falconbridge 42,720,942
Limited
-------------------------------------------------------------------------
5 Imperial Oil Sarnia Refinery Plant Sarnia 30,732,325
-------------------------------------------------------------------------
6 Stelco Inc. Stelco Hamilton Hamilton 26,005,065
-------------------------------------------------------------------------
7 Ontario Power Lakeview GS Mississauga 22,078,858
Generation
-------------------------------------------------------------------------
8 Shell Canada Sarnia Manufacturing Corunna 15,737,839
Limited Centre
-------------------------------------------------------------------------
9 Imperial Oil Nanticoke Refinery Haldimand 15,277,175
-------------------------------------------------------------------------
10 St. Marys Cement Bowmanville Bowmanville 13,281,723
-------------------------------------------------------------------------
(*) These pollutants are suspected respiratory toxicants; the list is derived from www.scorecard.org
In addition to air pollution linked to smog and asthma, facilities in Sarnia are releasing other pollutants to the air that may affect children's health and the environment, including lead, mercury, benzene and nickel. Some, like lead and mercury, can be harmful to children's development. Others, like nickel and benzene, are associated with cancer.
"Many of these toxic substances polluting our air pose a serious threat, particularly to children, young people, pregnant women and the elderly," said Dr. James Brophy, Executive Director, Occupational Health Clinic for Ontario Workers/Sarnia. "The community will require the active involvement of the provincial and federal governments to force the reduction of pollutants and ensure the protection of public health."
2002 was the first year that facilities had to report their releases of air pollutants known to cause smog, acid rain and respiratory illnesses. The Sarnia facilities in the Top 10 Ontario Respiratory Polluters list reported releases of sulphur dioxide (associated with acid rain and a respiratory irritant), oxides of nitrogen and Particulate Matter (associated with smog, respiratory and cardiovascular illnesses), and carbon monoxide (harmful to children's development and linked to respiratory illnesses). Many of these chemicals are classified as toxic under the Canadian Environmental Protection Act.
"The Aamjiwnaang First Nation is exposed on a daily basis from all sides to chemical emissions from surrounding industry. We are very concerned about the air pollution list released today which includes three area facilities near our community," said Darren Henry, chair of the Aamjiwnaang First Nation Environmental Committee.
The PollutionWatch partners are calling on the Sarnia-based industries and the Ontario and federal governments to focus more attention on measures to prevent pollution, in keeping with a key requirement of Canada's national Pollution Prevention Strategy and the national environmental law the Canadian Environmental Protection Act. "While industry has invested in improving technology to reduce emissions to the environment, more resources and commitment are needed to promote cleaner technology, including a shift from end of pipe controls to looking at the source of the pollution," said Smith.
The groups are also recommending that governments put strong environmental laws in place to address sources of pollution with an effective enforcement component to ensure accountability. One step in the right direction is the Ontario government's Bill 133, which aims to levy penalties against companies that allow spills into the environment.
"The data shows that there's still work to be done. By reducing pollution, facilities will help the environment, the community and the economic bottom line," said Paul Muldoon, Executive Director, Canadian Environmental Law Association. "Both federal and provincial governments will have to work harder to prevent pollution. The federal law, CEPA, needs more teeth to implement pollution prevention. And while Bill 133 is a great first step in Ontario, the province needs a clear strategy for pollution prevention."
About PollutionWatch (www.PollutionWatch.org) is a collaborative project of Environmental Defence and the Canadian Environmental Law Association. The web site tracks pollution across Canada based on data collected by Environment Canada through the National Pollutant Release Inventory (NPRI). NPRI does not include pollution data from all chemicals or sources. Visitors to the PollutionWatch web site can identify polluters in their home towns by searching by postal code, access "quick lists" of the largest polluters in the country, get pollution trends from 1995-2002, or create their own ranked lists of polluters by province, industrial sector, or corporation.
For further information: or to arrange an interview, please contact:
Jennifer Foulds, Environmental Defence, (416) 323-9521 ext. 232, (647) 280-9521 (cell); Fe de Leon, Canadian Environmental Law Association,
(416) 960-2284 ext. 223; Dr. James Brophy, Occupational Health Clinic for Ontario Workers/Sarnia, (519) 331-7558 (cell); Darren Henry, Aamjiwnaang First Nation, (519) 336-8410
http://www.newswire.ca/en/releases/archive/March2005/01/c9817.html
Smoke clearing today -ON
But city's enforcement of new tabacco bylaw won't start right away
By Ian McCallum Tuesday March 01, 2005
Times-Journal Staff
While St. Thomas is not quite 100 per cent smoke-free today, proponents anticipate “a positive response” to the city’s bylaw to regulate smoking in public places and work places.
But as city businesses began adapting to a new smoke-free environment, one popular licensed establishment told the Times-Journal it is already counting its losses.
Yet in spite of the vanishing business, the president of Lord Elgin Branch 41, Royal Canadian Legion, assured “we’re not going to be defiant.”
Although the bylaw takes effect today, full enforcement is still several days away, advised Kathy Daniel, tobacco education and compliance officer for the Elgin-St. Thomas Health Unit.
Contracts between the health unit and Iron Rail Security, who will assist the city with enforcement of the bylaw until May 31, have not been finalized, explained Daniel.
“They likely will be completed in the next day or so and I’m not anticipating any difficulties. Probably 90 per cent or better of places will be compliant without any enforcement.”
At the expiration of the three-month term, city council has the option to review the enforcement process.
“You revisit it at the end of that time,” said Daniel. “Most other places with bylaws have found that after the first three months it’s generally not that much of an issue. In other places they find that it’s
maybe five or six per cent of the premises that won’t comply on their own. It’s very low.”
The enforcement process is driven through complaints, explained Daniel.
Those with complaints are encouraged to contact city hall at 631-1680 where they will be prompted through an automated message.
“There are some other site inspections that are going to be done as well,” added Daniel. “And there will be an educational component.”
In the meantime, Lord Elgin Branch 41 president Bill Adams said he has lost patrons to a branch outside the city.
“We’ve already lost Thursday night darts to Port Stanley,” advised Adams. “They’ve already told us they left because of the non-smoking. So it’s already started. They smoke, so they left. About 45 to 50 people who used to patronize our place are gone now.”
One week ago, Adams warned city council his members will have difficulty raising funds for charitable and youth organizations in the city if it is not exempted from the bylaw.
He estimated the St. Thomas branch contributes between $30,000 and $40,000 each year.
“It’s frustrating,” admitted Adams. “You feel like saying. ‘Why don’t you call city hall when you want money next time?’ If we’re not able to raise money, then we’re not able to give it away.”
But, Adams assured the branch will be in full compliance of the smoke-free bylaw.
“We’re not going to do anything silly. We’ll take the ashtrays away and tell people they can’t smoke. The (smoking bylaw) signs are up.”
http://www.stthomastimesjournal.com/story.php?id=146015
Smoking ban unfair
Monday February 28, 2005
Editor:
I disagree with St. Thomas’s implemented smoking ban which comes into effect March 1.
I believe our council should have waited for the government to pass Bill 164 and implement it in 2006.
The city did not go 100 per cent smoke free by exemption of St. Thomas Bingo Country.
I’m a smoker and have been for 30 years now and am in good health. I feel now that one of my civil liberties has been taken away from me by being told that I no longer can go out to my favourite bar and have a smoke and a beer but I have the right to play bingo and light up. This is not right.
The Royal Canadian Legion should have been exempt, after all if it weren’t for our veterans we might not have some of the liberties that we have today.
And is our council going to help some of our restaurant and bar owners when they start losing their customers because they can’t compete with the bigger bars that have patios?
Council should have looked at smoke hogs or smoke eaters which would have solved the smoking problems in bars.
Smoking areas were already in play in most work places and working fine.
I can’t help but wonder if the St. Thomas Health Unit hadn’t said they would take care of the policing of the ban, if council’s decision would have been different since the city would then would be responsible for the $1,000 to $2,000 cost of policing.
I feel this council is not acting on what our residents want. They should have held more public debates before making these decisions. This bylaw is not fair and is a serious issue. And I for one will look forward to my day in court, because this is not a fair playing field that we have been given in this City of St. Thomas
Don Parker St. Thomas
http://www.stthomastimesjournal.com/story.php?id=145719
Butt ban kills, hotelier warns -MB
Causes murder rate to rise
By FRANK LANDRY, LEGISLATURE REPORTER Wed, March 2, 2005
Apparently, there are a lot of people dying for a smoke. Gary Desrosiers, a rural hotel owner who's leading a charge against Manitoba's indoor smoking ban, said yesterday he has extensive research that proves there's a direct correlation between butt bans and higher murder rates.
But the province has called into question the reliability of the data, which was gathered by Desrosiers and his brother Guy.
"This is all carefully researched stuff," said Desrosiers, owner of the Brunkild Bar and Grill. "We've known this for a long time but we wanted to make sure we had all our ducks in a row before we said anything."
Desrosiers said murders have shot up in cities that have introduced indoor smoking bans. For example, there were no murders in Fredericton, N.B., between 2000 and 2002. A smoking ban was introduced in 2003, and there were two homicides that year, according to the Desrosiers brothers.
They have similar figures for several other North American cities. The data is posted on their website, which is dedicated to convincing the province to reverse its ban on smoking in indoor public and work places.
A STRETCH
Healthy Living Minister Theresa Oswald said Desrosiers' conclusion may be a bit of a stretch.
"Certainly, I can understand why people who are very anxious about the smoking ban ... might really wish to see a connection between such things," Oswald said. "I have some personal difficulty seeing the cause-and-effect relationship."
In their research, the brothers note there were 18 homicides in Winnipeg two years ago -- when the citywide smoking ban kicked in. The number of homicides jumped to 34 last year.
According to police statistics, there were 19 homicides in 2003, not the 18 claimed by the Desrosiers.
The Desrosiers also claim to have found a correlation between butt bans and incidents of rape.
"Is voluntary exposure to second-hand smoke worth an increased workload on police, longer response times for police in an emergency, more unregulated drinking and an increase in murder and rape?" reads a portion of the website.
Desrosiers said he believes smoke bans drive people to drink more at home and at house parties. Without the supervision of sober bar staff, violence is more likely to escalate, he said.
Oswald said scientists would probably conclude the research methodology isn't very sound.
"What do you want for scientific evidence?" Desrosiers said. "I don't know what more we can do."
- On the web: www.smokeouthypocrisy.com
I am at a state of incomprehension. In the last few weeks I have witnessed media control, beyond belief. I have tried to cover all sides of this issue. So that the public can be aware, of the methods used. I hope Canadians and people around the world will start to realize that the control of media is a very strong force in the enabling of an advocacy agenda. If you read the newspapers only, you would think there is only one view from scientists and legislatures.
I have witnessed how a government broadcaster (CBC) neglected to mention any support for a person who made one lapse in judgment. If you read the CBC article you will notice that they left out the fact that the public were behind Mike Barre. They don't mention a throng of supporters who turned out to the court date. It took an American newspaper to pick up the amount of support in the court. This is the control they want you to think they have. What I would like to see is people being being the news so that they are the news, not a reaction to the news.
In Ontario the press had one article about the Rural revolution. It has shut down two expressway's for hours. The news reported where you should avoid and who it was by, not the fact suffering that the tobacco and other farmers were enduring. This from the policies that government has pushed through! In Saskatchewan, there were over 500 protestors to the smoking ban, during a court hearing. They took the opportunity to let the judge know, by making noise, enough to distract the judge. In the National papers nothing. You would think there's a love fest for the Saskatchewan nonsmoking legislation.
I am asking all readers to make the editors bring balance to this issue. Instead of saying, "oh it's them again", be the news. Gather friends and ask for a reporter to come from your local paper. they can't ignore you for ever. We are making ground and editors are beginning to realize, they aren't serving the public, just a few anti smoking advocates. The editors are the innocents, according to Michael McFadden's book "dissecting Anti Smoking Brains" They don't think there is any opposition. Make them aware of the opposition!
http://www.canoe.ca/NewsStand/WinnipegSun/News/2005/03/02/947301-sun.html
New law closes cigarette 'loophole'-VA
Tobacco giants say it will end the unfair advantage for smaller rivals
BY JOHN REID BLACKWELL TIMES-DISPATCH STAFF WRITER Feb 26, 2005
Virginia this week became the 38th state to pass legislation that Philip Morris USA and other cigarette companies say will end an unfair advantage for some of their competitors.
Gov. Mark R. Warner on Wednesday signed the bill supported by tobacco giants Philip Morris and Reynolds American Inc., ending a lengthy lobbying battle that had pitted those companies against some smaller, regional cigarette manufacturers -- notably Keysville-based S&M Brands Inc., the maker of Bailey's cigarettes.
The smaller companies say consumers could be hurt under the change, since their cigarette prices may rise. They also see the legislation as being aimed at quashing their sales.
However, the General Assembly also passed legislation intended to help smaller Virginia cigarette makers that buy a large amount of U.S.-grown tobacco.
The dispute between large and small cigarette companies arose from the impact on cigarette prices caused by the 1998 national tobacco settlement. Under that landmark legal agreement, the nation's top cigarette makers agreed to pay $206 billion to 46 states, including Virginia, over 25 years to cover smoking-related health-care costs. The settlement also imposed some marketing and advertising restrictions on the companies.
Philip Morris and other companies increased cigarette prices to pay for the settlement. That resulted in discount-cigarette companies grabbing market share from the major manufacturers.
After the settlement, Virginia and other states passed laws requiring so-called nonparticipating manufacturers -- mostly regional cigarette companies that didn't join the settlement, such as S&M Brands -- to put a portion of their annual cigarette sales into escrow accounts in the states where they do business.
The escrow requirement was meant to cover any future legal claims against those companies, but some nonparticipating companies say the law punishes them for wrongs they never committed.
The law also allowed those companies to obtain early refunds under certain circumstances. Philip Morris, Reynolds and the National Association of Attorneys General argued that a "loophole" in the law gave those cigarette makers such large refunds that they were able to cut prices and unfairly grab market share from the major companies, whose declining sales translated into smaller tobacco-settlement payments to the states. The National Association of Attorneys General said the declining sales cost Virginia about $13 million in settlement payments in 2003.
The bills closing the so-called loophole, sponsored by Del. David B. Albo, R-Fairfax, and Sen. Walter A. Stosch, R-Henrico, passed both houses of the assembly by wide margins, a major turnaround from the 2004 session when similar legislation stalled in committee after opponents fought it.
Jamie Drogin, a spokeswoman for Richmond-based Philip Morris USA, said the company is "extremely pleased" that the legislation passed this year.
"The enactment of this legislation will help ensure that the commonwealth continues to receive all of the financial and public-health benefits of the master settlement agreement," she said.
S&M Brands and other nonparticipating companies have argued that no loophole exists, and that attempts to change the law were merely an effort by the dominant cigarette companies to protect their market share by forcing competitors to raise prices.
A spokesman for S&M Brands could not be reached for comment. The family owned company proposed legislation that supporters said was more equitable. It would have placed an excise tax of $4 per carton on all cigarettes sold in Virginia, and companies would have received a credit on that tax for any settlement or escrow payments made to the state.
Instead, lawmakers passed legislation sponsored by Del. Clarke N. Hogan, R-Halifax, aimed at providing a soft landing for nonparticipating manufacturers that agree to give their escrowed money to the state and surrender rights to any refunds.
The legislation allows those companies to declare a tax deduction for the money, and it provides tax incentives for small manufacturers whose cigarettes contain at least 75 percent U.S.-grown tobacco.
The total amount of incentives is capped at $9 million the first year and decreases through 2012, when the incentives will end.
Any ideas? Staff writer John Reid Blackwell can be reached at (804) 775-8123 or jblackwell@timesdispatch.com
http://www.timesdispatch.com/servlet/Satellite?pagename=RTD%2FMGArticle%2FRTD_BasicArticle&c=MGArticle&cid=1031781252
239&path=!business&s=1045855934855&tacodalogin=no
La. litterbug campaign has zero tolerance -LA
By AMY WOLD Advocate staff writer
Think twice before throwing that cigarette butt or fast food wrapper out the window next weekend. Law enforcement across the state will be watching for you.
Starting March 4 and running through March 6, the state will be running it's first "Zero Tolerance for Litter" campaign to raise awareness about the cost of littering and to educate people that not littering not only helps the environment, but it saves taxpayers' money.
Coordinated by Keep Louisiana Beautiful, the event involves local law enforcement as well as Louisiana State Police, the Department of Corrections, the Department of Transportation and Development and the state Department of Wildlife and Fisheries Law Enforcement Division.
"The program's main focus is to raise the awareness of people about littering," said Major Jeff Mayne, with Wildlife and Fisheries Law Enforcement Division. "We need to get to where people look down on people who litter. We need to get that kind of feeling in the public."
Mayne said litter can hurt fish breeding grounds and cause other problems in the environment. It's also costly.
According to a fact sheet from Keep Louisiana Beautiful, litter costs Louisiana taxpayers more than $15 million a year, discourages tourism, decreases property values and attracts more littering.
"The whole community has to be educated about the cost of litter," said Leigh Harris, executive director of Keep Louisiana Beautiful. "Neighborhood decline starts with one broken window or one piece of trash. It's an indication of a lack of respect and lack of pride."
Of course, there's also the possibility of legal action against someone who litters.
According to a news release from Wildlife and Fisheries, littering in Louisiana could result in fines from $50 to $5,000 and from four to 100 hours of community service, suspension of driver's license for one year, and possible jail time of up to 30 days.
Although part of the effort is public awareness through press conferences and events, another part requires help from residents in Louisiana.
"Law enforcement can't do all the work all the time," Mayne said. "We need the eyes and ears of the public to let law enforcement know what's going on."
Anyone seen littering can be reported through the Department of Environmental Quality's 24-hour litter hot-line at (888) LITRBUG -- (888) 548-7284.
Callers can remain anonymous, but should give as much information about what they saw, including the car's license plate and the date, time and location of the littering, said Karen Fisher-Brasher, environmental scientist supervisor with DEQ.
On Cingular phones, the call can be made by dialing *LITTER.
Fisher-Brasher said that people already use the hotline and they have calls on the answering machine every morning.
"Most frequently, people are throwing trash out the windows, and most frequently it's cigarette butts," Fisher-Brasher said. "Most people don't think of cigarette butts as trash."
License plate numbers are used to find the owner of the car, and DEQ then sends a letter to the registered address advising that someone in that car on a certain date was seen littering.
"People are increasingly aware that it's not the right thing to do," Fisher-Brasher said.
Public education is important because many people think that if they throw something into their pickup bed or in their boat, that they've taken care of the trash, without realizing that the trash eventually blows out onto the road or water.
"A lot of them are oblivious. They think that the trash fairy came and took it away," Fisher-Brasher said.
http://www.2theadvocate.com/stories/022605/new_litter001.shtml
Avoided cigarette taxes spur mailings
Increase of 45 cents aims to help budget, hinder smoking
by Nicole Bonomini
Staff Writer
In response to residents of Ohio attempting to avoid taxes on cigarettes by ordering them on the Internet, the government is sending out letters asking for more than $5,000 in tax money. Gov. Bob Taft has also recently proposed a 45-cent tax increase on each package of cigarettes.
"The state has sent 25 letters out to Ohioans asking for about $5,000 in tax dollars. Another 1,000 letters will be going out soon," said Gary Gudmundson, an Ohio Department of Taxation employee.
The Jenkins Act of 1949 requires that cigarette venders provide each state with customers' names and purchase amounts, Gudmundson said. The government then sends out letters to customers who have not paid their state taxes.
If there is no response from the letters, the department will then send out a bill and try to collect the taxes that are due.
"The Internet is not a tax-free zone. Whether it's cigarettes or other items purchased over the Internet, if the retailer that you're buying from does not collect tax, it doesn't mean you don't owe it," he said.
Gudmundson said collecting taxes is essential because it generates revenue and is a matter of fairness to other taxpayers.
"These people are trying to escape the tax and are dumping the burden back on the other tax payers who are following the law," he said.
The cigarette tax, currently at 55 cents per pack, would rise to $1 per pack if the proposal is accepted.
Ohio Rep. Jimmy Stewart, R-Athens, said he has mixed feelings about the cigarette tax, but has to keep in mind that the proposal is part of the larger budget, which includes things he agrees and disagrees with.
"On one hand, discouraging people to smoke cigarettes is certainly positive; the illnesses that are caused by long-term use of cigarettes ultimately costs the state millions of dollars in Medicaid expenses, which are paid for by taxpayers," Stewart said.
But he added that cigarette smokers tend to be people with lower incomes, so the tax would affect the poor disproportionately. He also does not agree with the Medicaid cuts the budget proposes.
Taft submitted the proposal in an effort to improve the economy, said spokesman Mark Rickel. "This is the governor's plan to unleash our economic potential and reinvent the base of which the state's revenues will be generated," he said.
The tax system is antiquated and leaves little incentive for businesses to remain in Ohio, he said. "It adds costs and makes Ohio unattractive to talented workers that would stay or work here because their income is taxed at a high rate."
Ohio House Minority Leader Chris Redfern, D-Port Clinton, said he opposes the tax.
"You have got to remember, two years this governor ran for re-election saying that he was not going to increase taxes. Then he did the exact thing he said he would not do. I'm opposed to the tax because the revenue from the tax goes into the state budget instead of health care and Medicaid," he said.
Though the Tax Reform Plan is in the House, the budget has to be in place by July 1. Rickel expects the proposal to be passed by early spring.
Ohio University freshman David Debol said he disagrees with the cigarette tax.
"It doesn't make sense to place the burden of the taxation on one group of people," he said.
OU sophomore Brittany Boyer said although she is a smoker, the tax might be a good idea because it could encourage people to stop smoking. Boyer said if the government is increasing the tax as a way to decrease smoking, people should be fairly accepting of it.
The governor's top priority is to reform Ohio's tax code, which includes an income tax reduction of 20 percent across the board by five years time; eliminate the physical personal property tax; and increases tobacco products taxation, Rickel said.
http://thepost.baker.ohiou.edu/show_news.php?article=N2&date=022805
Smokers Could Pay $1 More Per Pack -WI
Rep. Hines: 'It's Not About Money, It's About Getting People To Quit'
UPDATED: 2:39 pm CST February 28, 2005
MADISON, Wis. -- A controversial cigarette tax bill could bring in up to $340 million in state revenue. Supporters will circulate the proposed cigarette tax bill around the Capitol soon, but it's already drawing criticism.
Smokers now pay a 77-cent tax on every pack. If the proposed cigarette tax passes, the cost will jump to a $1.77 per pack.
State Rep. J.A. Hines, R-Oxford, is spearheading the tax increase as a way to get people to stop smoking. Opponents say the proposed tax is a political move against Gov. Jim Doyle's budget.
"It doesn't really matter if you're dealing with the property tax increase, cigarette increase or a beer increase or a fee to drive a car -- it's all the same," said state Sen. Jon Erpenbach, D-Middleton. "It's an increased revenue that the state's generating, bringing in, that's coming from someone's pocket."
Hines said it's not about the money.
"It isn't about how much money we can raise," Hines said. "We would just have people quit smoking. They wouldn't start smoking."
Hines said the money earned by the tax would go into a medical assistance budget for programs already funded by the state.
Doyle does not support the increase. Since 1997, the cigarette tax has increased 33 cents. Over the years, Wisconsin has steadily raised the cigarette tax.
Survey results
Smokers now pay a 77-cent tax on every pack. If the proposed cigarette tax passes, tax would jump $1 to $1.77 per pack. What do you think? 9:54 feb28/05
Choice Votes Percentage of 740 Votes Yes, increase it -- the state needs the money. 119 
16% Yes, increase it -- it will encourage people to quit. 259 35% No, do not increase it. 322 44% I don't care. 28 4% Other. 12 2% Thanks for participating. Please check back for results.
http://www.themilwaukeechannel.com/health/4239487/detail.html
Cigarette sales decline for some retailers -OK
TULSA, Okla. (AP) -- Oklahoma's new cigarette tax may be contributing to a decline in sales for some Oklahoma retailers and an increase for tribal smoke shops.
According to a story in Tulsa World, convenience store chain QuikTrip saw a 25 percent decline in cigarette sales and a 30 percent decline in overall profits in January. Other retailers such as Kum-and-Go and Albertson's also report decreases in their tobacco sales.
QuikTrip spokesman Mike Thornbrugh says the tax is killing the store's tobacco sales and may result in fewer stores opening this year.
The tobacco tax increase eliminated the sales tax on cigarettes but raised the state tobacco excise tax from 23 cents to one-dollar and three-cents per pack of cigarettes.
According to Oklahoma Tax Commission data, 62 percent of the tobacco tax stamps were sold to nontribal retailers and 38 percent to the tribes in January 2004. Last month, 51 percent were sold to nontribal retailers compared with 49 percent to the tribes.
Creek, Cherokee and Osage tribes officials said they aren't seeing growth in tobacco sales.
http://www.kokh25.com/uploads/local/oklahoma_ok/20229385.shtml
GOP: Budget built on fluffed numbers Lawmakers skeptical of Lynch's plan
By NORMA LOVE The Associated PressFebruary 27. 2005 8:00AM
Many in House and Senate say spending cuts are more realistic than governor's revenue projections.
During the campaign, Gov. John Lynch insisted he could produce a balanced budget without tax increases despite a projected $300 million revenue shortfall.
He criticized the Republican he unseated for using gimmicks that created the budget hole and vowed not to do the same.
Now, Lynch has filled the hole with optimistic revenue estimates from predictions of a robust economy and from a yet-to-be enacted cigarette tax hike.
Not surprisingly, Republicans are skeptical and say he's using gimmicks of his own.
"They fluffed the revenue numbers so they wouldn't have to do any cuts," Senate Majority Leader Bob Clegg said of Lynch and his budget team.
Not so, insists John Dolan, Lynch's budget adviser. Lynch's estimates are reasonable, prudent and draw on the experience of a much-respected retired state revenue commissioner who helped lawmakers forecast revenues for years, he says.
The dispute over the estimates is important because they determine how much the state can spend. As much an art as a science, the estimates aren't exact because they are predicting tax receipts two years into the future.
Last week, the House committee that sets the House spending limit settled on much more conservative estimates than Lynch. Soon after, House and Senate budget committee chairmen sent agency chiefs a letter telling them to prepare for a 10 percent spending cut to the budget Lynch released Feb. 15.
The gap between the House and Lynch is sizable - just under $300 million, including $87 million from Lynch's proposed 28-cent per pack cigarette tax hike.
Not just smokers should care about what happens next.
Everyone affected by state spending could feel the effect if programs are cut to close the revenue gap - from the mentally ill in peer support groups to children getting subsidized health insurance.
The House gets the first crack at modifying Lynch's budget. House Speaker Douglas Scamman believes his budget committee can find $100 million a year to cut once it begins its intense scrutiny of proposed spending next month.
The House will begin with its lower spending limit and only increase spending if it feels March's tax receipts reflect a rosier economic future. The House has until mid-April to pass a budget to the Senate.
The Senate will come up with its own estimates. The spending limit will be revised repeatedly as it gets closer to June, more tax receipts are analyzed and a final budget deal is negotiated with the House.
In the meantime, agency chiefs told budget writers this month that Lynch was not overly generous with them. If anything, the freshman governor's budget simply maintains existing programs and restores spending in some areas cut from the current budget, they said.
For example, this year's budget pays about 70 percent of what the state owed towns for catastrophic special-education cases. Lynch recommends adding $9 million to the account next year so the state pays its full share.
Scamman and other Republican leaders may prefer deep spending cuts to accepting Lynch's revenue predictions or a cigarette tax hike, but they may not get their way.
Two years ago, House budget writers defied a threatened veto from Republican Gov. Craig Benson and proposed a 39-cent cigarette tax hike to pay for spending.
House Republican leaders rejected the committee's budget proposal and muscled one through the House with cuts instead of the tax.
Scamman won his job in large part due to his pledge to support decisions made by his committees. A coalition of moderate Republicans and Democrats backed him -two groups that don't usually favor deep budget cuts.
Asked if he would back a budget committee decision to raise taxes, Scamman hedged:
"I think the committee will cut the budget as much as it needs to . . . I see no reason to think about a tax increase at this point."
If Lynch is right about the future health of New Hampshire's economy, the finished budget in June may be closer to the one he presented lawmakers this month than will leave the House in April.
Lynch spokeswoman Pam Walsh - a veteran of the last Democratic administration - knows a final budget won't be finished until June and not until after much more is said by both sides about spending and revenue estimates.
"When Governor Lynch presented his budget, he made it clear he didn't consider his work done," she said. "It's not an overnight process."
Dolan believes time will prove Lynch's revenue estimates are no gimmick.
"Right now, we're talking about everybody's guess. In the next few months we'll know," he said.
http://www.concordmonitor.com/apps/pbcs.dll/article?AID=/20050227/REPOSITORY/502270388/1037/NEWS04
Cigarette smokers have an increased risk of experiencing rotator cuff tears
Medical Study News Published: Sunday, 27-Feb-2005
Cigarette smokers have an increased risk of experiencing rotator cuff tears in their shoulders than their tobacco-free counterparts, according to study results presented today at the 72nd Annual Meeting of the American Academy of Orthopaedic Surgeons. Previous studies analyzed the correlation between tobacco use and musculoskeletal injuries, but did not focus specifically on the impact smoking has on this unilateral shoulder injury.
A team of researchers from the Washington University School of Medicine - Barnes Jewish Hospital interviewed 586 patients ages 18 years and older who had a diagnostic shoulder ultrasound for shoulder pain with no prior history of shoulder surgery. Of this group, 375 patients had a rotator cuff tear and 211 patients did not.
Lead author of the study, Keith M. Baumgarten, MD, orthopaedic surgeon at the Hospital for Special Surgery, New York City, and his team from Washington University developed a standardized questionnaire that was administered to all 586 patients to determine the demographic, medical, pharmaceutical and lifestyle factors that may pose an increased risk for rotator cuff tears. Patients who did, indeed, have rotator cuff tears were compared to patients without this injury to determine if there was any correlation between rotator cuff tears and demographic risk factors.
"Our questionnaire data show that significantly more patients with rotator cuff tears had a history of daily tobacco smoking compared to patients without rotator cuff tears," said Dr. Baumgarten. "Patients with rotator cuff tears were also more likely to have smoked regularly within the ten years before arriving at our clinic for evaluation of their shoulder pain. This data clearly suggests that tobacco use increases the risk for rotator cuff tears."
The study demonstrated a dose-dependent relationship between tobacco use and rotator cuff tears, since patients with rotator cuff tears had a statistically significant increase in 1) the average number of packs of tobacco consumed per day; 2) the duration of smoking history; and 3) the average number of pack-years of tobacco use.
According to Dr. Baumgarten, the results of this study are biologically plausible because smoking has been shown to impair healing of other biologic tissues, specifically bone and skin. Nicotine has been shown in previous studies to decrease production of fibroblasts (the main cells responsible for tissue repair). In addition, the carbon monoxide found in tobacco smoke reduces cellular oxygen tension levels, which are vital for cellular metabolism and tissue healing.
Taking into consideration medical conditions, the study also found that there was a statistically significant increase in rotator cuff tears among patients with rheumatoid arthritis.
Between the two groups, there were no significant differences found in frequency of exercise or weightlifting. While manual labor has been previously been associated with shoulder tendonitis, there was no difference between the two groups when comparing sedentary work environments to occupations requiring manual labor in regards to the impact on rotator cuff tears.
"Advanced age, tobacco use and rheumatoid arthritis are risk factors that increase a person's chances of experiencing a rotator cuff tear," said Dr. Baumgarten.
An orthopaedic surgeon is a physician with extensive training in the diagnosis and non-surgical as well as surgical treatment of the musculoskeletal system, including bones, joints, ligaments, tendons, muscles and nerves.
http://www.aaos.org/
Doctor who spoke out on public health issue is sued -AU
Sydney Christopher Zinn
A doctor who claims he was doing his job according to the tenets of the Hippocratic oath when he spoke out about risks to health from the operations of a major logging company in Tasmania is being sued for causing alleged damage to the company’s business activities.
Dr Frank Nicklason, a staff specialist physician at the Royal Hobart Hospital, is one of 20 defendants, including prominent environmentalists and another doctor, named in the writ by Gunns Ltd, which is seeking almost $A6.3m (£2.6m; $5m; €3.8m) in damages.
Dr Nicklason said the case may stop doctors raising legitimate health concerns because of fear of being involved in prolonged and expensive legal action. He said that although the case would not silence him it had already affected the forestry deba
