Posted on 04/02/2010 8:20:16 AM PDT by Drango
Obama signs bill restricting mail-order cigarette sales
WASHINGTON President Obama on Wednesday signed legislation that bans the U.S. Postal Service from shipping cigarettes a measure that's expected to cripple the mail-order tobacco businesses run by members of the Seneca Nation of Indians.
White House press secretary Robert L. Gibbs announced the signing in a brief statement that included no comment on the new law, which the Senecas fought furiously.
In response, Seneca Nation President Barry E. Snyder Sr. accused the president of betraying the very Indian nations he wooed during his 2008 campaign and spoke to last fall.
"The president of the United States invited Native American leaders to Washington, D.C., in November and looked us in the eye as a sign of good faith in his pledge to protect federal treaties," Snyder said. "Now, four months later, he has betrayed that promise."
However, opponents of smoking rejoiced in Obama's action.
"Enactment of this legislation is a milestone in the fight to keep kids from smoking and prevent tax evasion that costs taxpayers billions each year," said Matthew L. Myers, president of the Campaign for Tobacco-Free Kids.
In addition to banning the mailing of cigarettes, the Prevent All Cigarette Trafficking (PACT) Act requires those selling cigarettes on the Internet to:
Pay all federal, state, local or tribal tobacco taxes and affix tax stamps before delivering any tobacco products to any customer.
Register with the state where they are based and make periodic reports to state tax-collection officials.
Check the age and ID of customers when they purchase tobacco and when the tobacco products are delivered.
The Seneca Nation has long contended that the bill would devastate the tax-free mail-order cigarette business that provided a bargain to a growing number of smokers while making some Senecas rich.
For months, the Senecas had said their cigarette industry employed 1,000 people, but in recent statements, the tribe without explanation boosted that figure to 3,000.
"We have at least 90 days from the signing before the postal delivery ban goes into effect, so we'll all be looking at ways to adapt and save as many jobs as possible," said J.C. Seneca, a tribal cqcouncillor and co-chairman of the Seneca Nation's Foreign Relations Committee.
Obama signed the bill less than two weeks after it passed the House by a 387-25 vote. Earlier in March, the Senate approved it unanimously.
The landslide votes and the president's signing show that the Senecas got nowhere in their attempt to pressure lawmakers particularly Sen. Kirsten E. Gillibrand, D-N.Y. to change their minds on the issue.
The tribe singled out Gillibrand in a billboard campaign, but on Wednesday, Snyder focused his ire on Obama, saying the Crow Nation should revoke the honorary membership that it gave to him during his presidential campaign.
"This is certainly not the first time a U.S. president has failed to honor federal treaty rights, but it is particularly hurtful when this country's first minority president turns his back on another group of minority Americans; it's a very personal pain and insult," Snyder said.
Lawmakers from both parties have said in the last month, though, that the PACT Act was merely common-sense legislation aimed at curbing the sale of tax-free cigarettes.
The bill had a powerful and unlikely coalition behind it, as anti-smoking groups teamed with convenience store owners and tobacco giants such as Altria to push the measure.
The Senecas consistently portrayed the bill as a gift to Big Tobacco, but supporters of the bill said that it was simply a matter of public health.
"The PACT Act will cut off a major source of tax-evading, low-cost tobacco from coming into New York and other states," said Scott T. Santarella, President and chief executive officer of the American Lung Association in New York. "The passage of this bill is a true public health victory because higher tobacco prices will prevent more kids from beginning to smoke and encourage more people to quit."
The Senecas stressed, though, that despite Obama's action, they aren't quitters.
"This is devastating for the Seneca Nation, the businesses and all the employees, but it won't take us down," Seneca said.
"We've been pushed around by the government for centuries, and we keep finding ways to survive."
Chief Gregory E. Pyle of the Choctaw Nation of Oklahoma.
Why would he need to this? The health bill is all encompassing and there are whole boards being created to support anything that will aid your health care.
The have the power of department and commie initiative to take away anything that doesn’t support a healthy life style.
Only the beginning. Next, Federalizing all casinos.
Well, that is at least 3,000 more people we can add to the unemployment figures. Worst. President. Ever!
Big THIEF Obama speak with forked tongue. (fixed your typo for you)
Jealousy, because he was born in Kenya ;)
By the way, you can say "American Indian." Honest.
...by members of the Seneca Nation of Indians.
In fact when you drive onto the res' it says "Seneca Nation of Indians". Same as on their medical center and nearly everything else; its the official name.
Not saying you, but it seems that its mostly the liberals that have a problem with saying "Indian." Besides, anyone born in the US is a "native" american. Death by PC.
Now, saying injun, or 'skin will probably get you punched in the mouth.
Post of the Day!
Because that is all that it did - it will shift these sales to the black market. Not that many people bought online in comparison to the grand scheme of tobacco sales.
Government wants their state sales tax and big tobacco wanted their B&M sales. They think this will work...don’t count on it. Time to go after all online sales and grab that ‘stolen’ state tax revenue.
Oh, Cigars are exempt - One can still order cigars through the USPS. So much for “It’s for the children”
It’s about the taxes.
Plus Obama seems to take delight in breaking treaties with allies.
I don't think so. Did you forget more Government workers will be needed to regulate this?
Is there not a DAY that goes by the 0bama and Democrats don’t ruin some business? This has got to stop.
Sure is, I am starting to use a new name for cigarettes - Taxarettes. Ingredients: Taxbacco.
I don’t smoke. But a lot of the anti-smoking laws have simply set the stage for other greater power grabs.
Seriously, if some dweeb bureaucrat gets to decide if you can or can’t have a cigarette in a bar somewhere, or sitting in your car even, then you don’t really have very much freedom. You may not like it that the guy at the next table is having a cig. But if you can use the government to stop him, you don’t have very much freedom either. Because there is something you like to do that I don’t like. By the time we prohibited everything that someone doesn’t like, there isn’t much left. You’re an overgrown teenager having to get permission to cross the street.
Last year he outlawed all flavored tobacco except Menthol. Wonder what he smokes.
You can’t even smoke in your own home in some areas in this country but the Supreme Court New Gods say that you CAN smoke a pole anywhere you want.
Sure, it'll take 20 years to of funding to realize 10 years of savings, but that is the beauty of the Pelosian Economic Model. If we just avoid talking about the missing 10 years of benefit we DON'T have to include it in our calculations. NOW do you understand?
The college age voters who overwhelmingly voted for Obama will now pick up the tax tab for their younger counterparts to get "free loans" that DC will profit from. The successful women who have businesses will pay higher tax for people who sat home and watched Opra. The Blacks who have worked hard will see part of their paychecks given away to freeloaders so everyone can get "free health care"..that you must pay for or have goons visit you...and so on and so forth.
Can't wait to see what these totalitarian "bleeding hearts" (crooks)do to the Latinos.
The head of the biggest local tribe around here is named Richard Milanovich.....musta been a Slav on one of the wagon trains a few decades ago.
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