The Utah Legislature has given final approval to a $1 per pack increase to the state's cigarette tax, sending the measure to Gov. Gary Herbert, whose opposition to a tax increase this session will be tested.

Sen. Allen Christensen, R-Ogden, who has been fighting for years to raise Utah's cigarette tax, said he can't speak for the governor, but he expects he'll sign the legislation.

"Of course he'll sign it. He watches out for the best interest of the state, and this is in the best interest of the state," Christensen said.

The governor's spokeswoman said Herbert would give the tobacco legislation due consideration when it reaches his desk. Those who have followed the issue believe he will sign it.

In a 19-8 vote, the Senate agreed to a version of the bill that had been passed by the House.

"This has been an amazing effort for the health of kids in Utah," said Michael Siler, director of government relations for the Utah chapter of the American Cancer Society Action Network.

Bill Phelps, spokesman for Altria Client Services, the parent company of Philip Morris, said that the tax will impose a hardship on the 9 percent of Utahns that smoke.

"Taxpayers, especially in today's economy, are seeing what they have to do to manage their own budgets and they realize they have to live in their means and they need to cut costs," Phelps said. "Citizens expect their legislators to run the state like they run their households and cut costs when necessary and not raise taxes every time they need money."

Utah's tax was 69.5 cents per pack, ranking 38th in the country, including Guam and Puerto Rico, according to figures from the National Conference of State Legislatures.

Raising it to $1.70 per pack would give Utah the 18th highest tax, and a higher rate than any of the surrounding states except Arizona.

The tax would generate an estimated $44 million in new revenue for the state and legislators have already built the money into their budget for the coming year, using it to address critical programs that had been on the chopping block.

Herbert has said that he opposes any tax increase, and that includes a cigarette tax. But vetoing the bill would blow a $44 million hole in the tentative budget agreement

A poll conducted for The Salt Lake Tribune before the session indicated that 70 percent of Utah voters support raising the tax to $2.