HOUSE BILL REPORT

                  HB 2685

             As Reported By House Committee On:

                         Health Care

Title:  An act relating to cigarette vending machines.

Brief Description:  Concerning the placement of cigarette vending machines.

Sponsors:  Representatives Heavey, Lisk, Springer, Basich and Kessler.

Brief History:

  Reported by House Committee on:

Health Care, February 4, 1994, DPS.

HOUSE COMMITTEE ON HEALTH CARE

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  Signed by 16 members:  Representatives Dellwo, Chair; L. Johnson, Vice Chair; Dyer, Ranking Minority Member; Ballasiotes, Assistant Ranking Minority Member; Appelwick; Backlund; Conway; Cooke; Flemming; R. Johnson; Lemmon; Lisk; Mastin; Morris; Thibaudeau and Veloria.

Staff:  Bill Hagens (786-7131).

Background:  Present law [RCW 70.55.030--HB 2071 (1993)] makes it illegal to sell or permit to be sold any tobacco product through vending machines unless the device is located within premises from which minors are prohibited or in industrial worksites where minors are not employed and not less than 10 feet from all entrance or exit ways.

Proponents of this measure say that this requirement is not working in certain small establishments.

Summary of Substitute Bill:  The state liquor board is required to adopt rules that allow an exception to the requirement that a device be located not less than 10 feet from all entrance or exit ways to and from a premise if it is architecturally impractical for the device to be located not less than 10 feet from all entrance and exit ways.

Substitute Bill Compared to Original Bill:  Provisions are deleted from the original bill that would exempt charitable or non-profit organizations from the requirements, and permit electronic locking devices under the control of an adult.

Fiscal Note:  Not requested.

Effective Date of Substitute Bill:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  Greater flexibility is needed in small establishments.

Testimony Against:  Exemptions should not be made because it would be the thin edge in relaxing laws that are aimed at limiting minors' access to tobacco.

Witnesses:  Dennis Biggs, Tobacco Free Washington Coalition (con); Bill Fritz, Washington Civic and Charitable Gaming Association (pro); Carter Mitchell, Liquor Control Board (pro); Jo Wadsworth, Department of Health (con); Bill Van Horn, Washington Tobacco Free Coalition (pro); Vito Chiechi, Washington State Licensed Beverage Association (pro); John Woodring; and Paul Zemann, Seattle/King County Department of Health.