HOUSE BILL REPORT

HB 1944

BYRepresentatives Sprenkle, Valle, Prentice, Leonard, Rust, Nelson, Dorn, Morris, Phillips, Wolfe, Ferguson and Brekke

Prohibiting tobacco sales to minors.

House Committe on Health Care

Majority Report:  The substitute bill be substituted therefor and and substitute bill do pass.  (8)

      Signed by Representatives Braddock, Chair; Brooks, Ranking Republican Member; Cantwell, Morris, Prentice, D. Sommers, Sprenkle and Wolfe.

House Staff:Antonio Sanchez (786-7383)

Rereferred House Committee on Revenue

Majority Report:  The substitute bill by Committee on Health Care as amended by Committee on Revenue be substituted therefor and the substitute bill as amended do pass.  (11)

      Signed by Representatives Pruitt, Vice Chair; Appelwick, Basich, Brumsickle, Fraser, Grant, Morris, Phillips, Rust, H. Sommers and Van Luven.

Minority Report:  Do not pass.  (3)

      Signed by Representatives Wang, Chair; Holland, Ranking Republican Member; and Haugen.

House Staff:      Rick Wickman and Bob Longman (786-7136)

AS REPORTED BY COMMITTEE ON REVENUE MARCH 4, 1989

BACKGROUND:

Current state law establishes criminal sanctions for selling, permitting to be sold, or giving cigarettes or any other tobacco product to persons under the age of 18.  The state law is unenforceable for sales of cigarettes and tobacco products in vending machines.  Civil penalty provisions are not established in current law for sales of cigarettes and tobacco products to minors.  In addition, minors are not prohibited from purchasing cigarettes or tobacco products, nor is proof of age required for their purchase.

Licensure provisions exist in present state law for the sale of tobacco products by wholesalers and retailers.  The wholesale license is intended to cover persons who purchase cigarettes directly from a manufacturer or from any other person obtaining the cigarettes from the manufacturer for the purpose of resale to retailers, (store, stand, booth concession, or vending machine).  The retail license provisions only cover the sale of cigarettes by vending machines. One cigarette retail license is required for each retailer, and a nominal fee is assessed for each vending machine the retailer uses for the sale of cigarettes.  A single cigarette retail license may cover an unlimited number of vending machines in different locations.

SUMMARY:

SUBSTITUTE BILL:  Cities, towns, counties, or other municipalities are given the responsibility for establishing minimum regulations regarding the sale of cigarettes or other tobacco products in vending machines.  Civil penalties are established for the sale of cigarettes or other tobacco products without the request and examination of identification.

After July 1, 1989, all tobacco retailers, not just retail sales through vending machines, will be required to obtain a valid license for each location where cigarettes are sold.  A license fee of $210 is required for each non- transferable license.  All cigarette and tobacco products must be sold in the original manufacturers packaging displaying health warnings.  Provisions for licensure are outlined and civil penalties are established for the failure to comply.

Anyone younger than 18 years old is prohibited from purchasing cigarettes or tobacco products.  Penalties are established for infractions.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  Civil penalties for the sale of cigarettes or other tobacco products to a minor are levied against both the persons who sells the product and the licensee.  Technical changes clarify the governmental jurisdiction and the level of government responsible for establishing the minimum regulations and associated penalties.

CHANGES PROPOSED BY COMMITTEE ON REVENUE:  All cities, towns, and counties are authorized to adopt, by local ordinance, smoking regulations affecting persons under 18 years of age that are consistent with or more stringent than proposed regulatory and licensing provisions of the act.  However, newly adopted local ordinances may not be less restrictive than those proposed regulatory and licensing provisions of the act.  All required implementation dates for regulation of vending machines and retailers who sell cigarettes and tobacco products are eliminated.

Revenue:    The bill has a revenue impact.

Fiscal Note:      Available.

House Committee ‑ Testified For:    (Health Care) Terry Burns, Tobacco Addiction Coordinating Council; Gary Goldbaum, Washington Association of Local Public Health Officials; Janet Chalupnik, American Lung Association; and Mike Ryherd, Washington State Medical Association.

(Revenue) Mike Ryherd, Washington State Medical Association.

House Committee - Testified Against:      (Health Care) Jim Salatino, NAVA; Bill Fritz, Tobacco Institute; and Bill Van Horn, Columbia University.

(Revenue) None Presented.

House Committee - Testimony For:    (Health Care) Stronger tobacco product regulation will reduce the number of persons suffering from diseases associated with smoking such as cancer and emphysema.  The reductions in disease will have a positive fiscal impact both for savings realized through reduced health care costs and loss of productivity.  Current law is too punitive and not enforceable.

(Revenue) It is time to regulate the smoking habits of individuals under the age of 18 years.  Future health care costs can be avoided if we can eliminate the addiction of cigarette smoking for young people.  Tougher local regulatory and licensing standards are needed to control the access and use of cigarettes for persons under 18 years of age.

House Committee - Testimony Against:      (Health Care) Only a small percentage of total persons actually obtain cigarettes from vending machines.  The regulation of vending machines is not an effective method for reducing overall tobacco product consumption. The punitive provisions established in this bill are very similar to measures already in statute.

(Revenue) None Presented.