HOUSE BILL REPORT

HB 1452

BYRepresentatives Sprenkle, Brooks, D. Sommers, Locke, Appelwick, Bumgarner, Unsoeld, Rust, Cantwell, Basich, Braddock, Lux, Jacobsen, Leonard, Nelson, Brough, Sanders, Moyer, Armstrong and Brekke

Prohibiting the distribution of free samples of tobacco products.

House Committe on Health Care

Majority Report:  Do pass.  (7)

      Signed by Representatives Braddock, Chair; Brooks, Bumgarner, Cantwell, Lux, D. Sommers and Sprenkle.

Minority Report:  Do not pass.  (2)

      Signed by Representatives Day, Vice Chair; and Vekich.

House Staff:Antonio Sanchez (786-7383)

AS REPORTED BY COMMITTEE ON HEALTH CARE FEBRUARY 3, 1988

BACKGROUND:

The distribution, free of charge, of tobacco samples such as cigarettes, cigars, smokeless tobacco, and other forms of tobacco products intended for tobacco consumption, is not currently regulated in this state.

SUMMARY:

This act will make it illegal to distribute free of charge, or at a nominal cost, any tobacco products intended for consumption. It establishes that violation of this act will be punishable for the first offense by a fine of not less than one hundred dollars or more than five hundred dollars.  A second offense shall be punishable by a fine of not less than three thousand dollars.

Fiscal Note:      Requested January 21, 1988.

House Committee ‑ Testified For:    Representative Sprenkle, sponsor; Janet Chalupnik, Washington State Lung Association; Carl Allen, M.D., Coalition on Smoking; Mike Ryherd, Washington State Medical Association.

House Committee - Testified Against:      Matt Jacobs, The Tobacco Institute; Steve Wehrly, Smokeless Tobacco Institute.

House Committee - Testimony For:    This bill would reduce the opportunity of this substance to unknowingly get into the hands of children under the age of 18. In addition it would reduce the ability of other vulnerable groups of non-smokers, such as those who have recently quit and those who have never smoked, to have easy access to this substance.

House Committee - Testimony Against:      This bill may be in violation of current federal pre-exemption under the commerce clause.