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No change in tax, law on 'alcopops'

O'Malley supports bill without signing it

May 22, 2008|By Laura Smitherman , Sun reporter

Despite intense pressure from public health advocates and parents, Gov. Martin O'Malley announced yesterday his support for a bill that ensures that popular flavored malt beverages would continue to be widely distributed and subject to a lower tax rate than other alcoholic drinks.

O'Malley said he would allow the bill to become law without his signature but signaled that during next year's General Assembly session, he would pursue legislation to change the way "alcopops" are regulated. The Democratic governor had pulled back from signing the bill during a formal ceremony last month, but last night he announced that he would not veto the bill. His last formal bill signing is scheduled for today.

Alcopops, which include some wine coolers and drinks such as Mike's Hard Lemonade and Smirnoff Ice, have been taxed and distributed the same way as beer in the state for four decades. Attorney General Douglas F. Gansler issued an opinion this year declaring that the flavored beverages should be regulated like distilled spirits, which are subject to a higher tax rate and limited to distribution in liquor stores.

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"Allowing this bill to become law is a huge victory for the alcoholic beverage industry and an enormous loss for every parent of every teen in the state," said Del. William A. Bronrott, a Montgomery County Democrat. "This was an opportunity to rein in a product that has been proven to be particularly attractive to teens."

The General Assembly approved legislation on the last day of this winter's session that essentially overturned Gansler's decision. The liquor industry had complained that Gansler's opinion would wreak havoc in Maryland's complex system for regulating alcohol by forcing stores to pull products from shelves and creating confusion as to which products would be affected.

Groups including Mothers Against Drunk Driving had urged O'Malley to veto the bill, arguing that it would make it easier for teens to obtain alcopops. They contend that sweet, fruity additives mask the alcohol content - they are sometimes referred to as "cocktails with training wheels" - and that the drinks have become especially popular among girls for binge drinking.

Gansler said the outreach efforts from opponents, particularly in recent weeks, helped persuade O'Malley to address the issue next year. He said he would work with the governor on legislation, though his preference would be to distribute alcopops through liquor stores and tax them at a rate akin to the one assessed on wine. That would put it between the rate for beer, taxed at 9 cents per gallon, and distilled spirits at $1.50 per gallon.

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