Despite the best efforts of House leadership to
snuff it out this week, the cigarette tax to fund Medicaid, which was on
life support Wednesday, may be burning with new intensity.
Between a week of rallies and Gov. Mark Sanford's conditional support
for the move Friday, the rekindled fight is highlighting a philosophical
divide in the Statehouse and the state over the best way to handle
Medicaid.
It could turn into the first big fight of this General Assembly, and it
could turn out to be a good measure of the new governor's influence among
lawmakers.
At the beginning of the year, the cigarette tax was the big issue
before the General Assembly, aside from the larger issue of the budget
shortfall.
Facing a $1 billion budget deficit and skyrocketing Medicaid costs,
many lawmakers were resigned to doing what they despise and fear more than
anything: raising taxes.
The cigarette tax, which came within five votes of passing the House
last year, was seen as a fairly attractive option, as far as taxes go. It
affects slightly more than a quarter of the people and seems to many a
logical choice to cover rising medical expenses.
Even though tobacco is a major cash crop for South Carolina, lawmakers
from tobacco-growing counties were willing to go along with some increase,
as long as the money was earmarked for health care. After all, the state's
7-cent tax on a pack of cigarettes is substantially below the national
average of 60 cents.
The rub was that many state lawmakers had signed pledges to anti-tax
groups that they wouldn't raise taxes. Still, there has been a bipartisan
effort to raise the tax.
At the beginning of the week the tax seemed less likely. The Medicaid
reform bill, with the cigarette tax hike included, was targeted by House
members.
House leaders Tuesday announced a plan to fund Medicaid by
restructuring the state's tobacco settlement bonds. They said the plan was
a 15-year fix for the Medicaid problem that avoided the need for new
taxes. The next day, the committee crafting Medicaid reform struck the
cigarette tax from its legislation.
It appeared to be a one-two knockout punch packing a loud message.
"Prior to (the bond) restructuring, there was some good reason to be
for the tax, although I didn't favor it," said House Majority Leader Rick
Quinn, chairman of the Medicaid panel. "If they do it now, it's for
raising more revenue."
Many other House Republicans said that support for the tax had either
eroded or gone up in smoke.
But cigarette tax supporters were quick to disagree. The lawmakers
pushing the tax said it was still the best way to fix Medicaid. The
interest savings from refinancing the bonds, which would help fund
Medicaid, was non-recurring money. (The bonds were taken out to avoid
waiting 30 years for $3.2 billion in settlement payments.)
Democrats said Republicans stole the idea from Gov. Jim Hodges, who had
proposed refinancing the bond to help balance the state budget. But using
that money for ongoing, rapidly increasing Medicaid funding was just
wrong, some lawmakers said.
"It's irresponsible," state Rep. James E. Smith, the House Minority
Leader, said of the plan.
PROPONENTS MOVE AHEAD
Proponents of the tax pushed forward with their efforts, even though
the word from leadership was that resistance was futile. State Rep. Rex
Rice, a Republican from Easley, vowed earlier this week to restore his
plan for a 22-cent cigarette tax hike to the Medicaid reform bill when it
reaches the House floor.
"I was told that no higher tax would pass," he said.
Rice said that House leadership's plan may have swayed "some of the
people who were on the fence" to oppose a cigarette tax hike, but he
thought many would see problems with it. "There's a lot of non-recurring
money in it," Rice said, so it ultimately doesn't fix the problem.
For some people, this fight has always been about more than just
finding quick-fix money. There are people who think Medicaid doesn't reach
enough folks or provide enough services. Others believe the price of
cigarettes should be raised to discourage smoking, particularly among
teenagers.
Many of those advocates converged on the Statehouse this week, lobbying
lawmakers and trying desperately to stoke a fire they knew was burning
out.
For two days, advocates of the tax protesting at the Statehouse
outnumbered tax opponents by a 2-to-1 margin.
At the Thursday gathering of the Alliance for South Carolina's
Children, Dr. Jim Durant, a Sumter County pediatrician, urged House
leadership not to stand in the way of the increase and mentioned that he
had lobbied Sanford for the tax. There are several reasons to raise the
tax, he said, and no reasons not to.
"The cigarette tax should be raised as high as possible, and we should
do whatever it takes to stop these young children from starting to smoke,"
Durant said. "If raising the price significantly will stop 11- and
12-year-olds from getting hooked on cigarettes, then I say raise it to the
roof."
The demonstration was a strong showing but one that Sanford made a
point of saying had nothing to do with his decision to step into the fray
Friday.
Sanford wants to tie a cigarette tax increase to a long-term plan to
reduce the state income tax rate from 7 percent to 5 percent over 15
years. He said the plan would bridge the gap between the competing ideas
being volleyed around the House and Senate. The cigarette tax for Medicaid
would leverage hundreds of millions of dollars, and the money the state
could save, assuming there is reform to the system, could go toward
gradually reducing the income tax.
"It's crucial we use the debate on Medicaid funding and the cigarette
tax as a way to advance tax changes that will strengthen the economy,"
Sanford said.
"This proposal does two things. First, it's a significant long-term tax
cut that's going to benefit small businesses, sole proprietorships and
personal income earners. Second, it's a bridge between where the House and
the Senate are with respect to the cigarette tax increase, something that
we're headed down a collision course on unless we find a way to build that
bridge."
That's going to be the trick now. Sanford is talking about an increase
in the tax to the national average of 60 cents -- a 53-cent hike. Some
folks don't favor raising the tax beyond the Southeast average, which is
less than 20 cents. Others adamantly oppose any tax.
While Sanford has helped re-ignite the debate, it may not pull any of
these factions together. Many lawmakers oppose a tit-for-tat trade on the
tax and may push an increase without such a provision.
Senate Democratic Leader John Land, D-Manning, who represents several
tobacco counties in the Midlands-PeeDee area, said a trade-off would be
admitting the state had more than enough money, and he could not support a
tobacco tax hike under the circumstances.
Sanford may not like that, and he is clearly not afraid to use his veto
pen. If he strikes a tobacco tax, there almost certainly wouldn't be
enough votes for an override.
But it may not get that far.
House Speaker David Wilkins said Friday that he had concerns over a
plan that "proposes a huge tax increase without the guarantee of a tax
decrease." For Wilkins, not a man who casually criticizes members of his
own party, such a statement is perceived by some people as drawing the
battle lines.
The cigarette tax increase may not be a certainty, but the proposal is
still breathing.
"The combination of the governor's involvement in this and the fiscal
irresponsibility of bond refinancing gives a great deal of energy and fuel
and support for the passage of a cigarette tax," Smith said.