SENATE 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

Rereferred House Committee on Revenue

Senate Committee on Health & Long-Term Care

Senate Hearing Date(s):February 14, 1990

Senate Staff:Greg Miller (786-7784)

AS OF FEBRUARY 13, 1990

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.  Local ordinances may not be less restrictive than those proposed regulatory and licensing provisions of the act.  Civil penalties are established for the sale of cigarettes or other tobacco products without the request and examination of identification and are imposed against both the seller and the licensee.

After July 1, 1989, all tobacco retailers 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.

Appropriation:    none

Revenue:    yes

Fiscal Note:      requested February 9, 1990