Minnesota Governor tries to play word games with a tobacco tax- is bitten in the ass.

[Diogenes_the_Cynic]

Governor Tim Pawlenty of Minnesota passed a 75 cents per pack tax on cigarettes a little while ago to try to shore up income for the state. Because Pawlenty ran on a campaign promise that he would not raise taxes, he tried to finesse this decision by calling the tax a “health impact fee” instead of “tax.” In case you’re wondering if this ruse fooled anyone in the state, it did not. T-Paw has been going around saying it’s not a tax but Minnesotans are not complete morons. Non-smokers have rolled their eyes and smokers (of which I am not one, but I’m no crusader either. Smoke around me all you want, you won’t bother me) have been pissed.

But now, sweet karma has kicked the Governor right in his ass

Dealing a stunning blow to Gov. Tim Pawlenty and the Legislature, a Ramsey County judge Tuesday struck down a tobacco fee that promised to raise $401 million over the next two years for the state.

Ramsey County District Judge Michael Fetsch ruled that the fee of 75 cents per pack violated a settlement between the government and tobacco companies that barred the state from seeking additional money from the firms to pay for health care costs related to smoking.
<snip>

Pawlenty said the judge erred by ignoring the authority of the Legislature to pass laws independent of court settlements.

But DFLers blamed Pawlenty, saying he invited a court challenge by insisting that the tobacco charge be labeled a fee to avoid the political fallout from calling it a tax.

“Because Governor Pawlenty played word games so that he could pretend to stick to his ‘no tax’ pledge, the state of Minnesota’s budget is in peril,” said DFL Party Chair Brian Melendez.

BWA-HA-HA-HA-HA-HA-HA-HA!!!

It turns out that passing a “fee” is illegal. The Governor is hoisted by his own petard. He now has to make a decision (after he loses his appeal) to either sign new legislation calling it a TAX (and fucking up his disingenuous declarations that he has not raised taxes) or simply accept the decision and either find somebody else to tax or let the budget go to shit.

Hasn’t the Governor ever watched “My Name is Earl?” Karma is a bitch.

[lno]

Lisa: If I’m going to bail the country out, I’ll have to raise taxes, but in my speech I’d like to avoid calling it a “painful emergency tax.”
Milhouse: What about, “colossal salary grab.”
Lisa: See, that has the same problem. We need to soften the blow.
Milhouse: Well, if you just want to out-and-out lie … [Lisa doesn’t object] Okay, we could call it a “temporary refund adjustment.”
Lisa: I love it.
Milhouse: Really? What else do you love, Lisa?
Lisa: Fiscal solvency.
Milhouse: [disappointed] Oh. Yeah, me too.

[Rysdad]

I’m looking forward to my refund check for the amount I’ve overpaid so far.

What?

[Diogenes_the_Cynic]

@Rysdad

I’m looking forward to my refund check for the amount I’ve overpaid so far.

What?

You joke, but you may have a case. I heard some discussion on the radio today suggesting that a class action suit may be possible. Save your receipts.

[MissTake]

Hmm, three cartons a month * $37.95/carton…

Add Pawlenty’s fubar to Hennepin County easing the smoking ban maybe we will be treated as more than walking timebombs with deep pockets.

[Frostillicus]

@lno

Lisa: If I’m going to bail the country out, I’ll have to raise taxes, but in my speech I’d like to avoid calling it a “painful emergency tax.”
Milhouse: What about, “colossal salary grab.”
Lisa: See, that has the same problem. We need to soften the blow.
Milhouse: Well, if you just want to out-and-out lie … [Lisa doesn’t object] Okay, we could call it a “temporary refund adjustment.”
Lisa: I love it.
Milhouse: Really? What else do you love, Lisa?
Lisa: Fiscal solvency.
Milhouse: [disappointed] Oh. Yeah, me too.

Moe: “Temporary refund adjustment? I like the sound of that!”

[Brainiac4]

<Nelson Muntz> Ha ha!</Nelson Muntz>

Governor Hockey Hair gets what he deserves.

[duffer]

While I am ecstatic over this (as I’m guessing it may be applicable in other states) it’s a bit disappointing that Grand Forks will lose out on all that revenue.

About a month ago a guy from Crookston, MN (about 25 miles east) was quoted in the papre saying he, even with gas at $3/gallon was coming out ahead by driving here and buying 3 or 4 cartons. Of course, then he’d stay and do his shopping as well. Oh well.

BTW, beacuse of this Phillip Morris has limited the purchase of their products to 10 cartons per to ease the shortages they were finding. Of course, that doesn’t prevent anyone from hitting 5 different stores, but telling nonetheless.