NOTE: As provided in LFC policy, this report is
intended only for use by the standing finance committees of the
legislature. The Legislative Finance Committee does not assume
responsibility for the accuracy of the information in this report when used for
other purposes.
The most recent FIR
version (in HTML & Adobe PDF formats) is available on the Legislative
Website. The Adobe PDF version includes
all attachments, whereas the HTML version does not. Previously issued FIRs and attachments may be obtained from the
LFC in Suite 101 of the State Capitol Building North.
|
SPONSOR: |
Beam |
DATE TYPED: |
2/6/03 |
HB |
277 |
||
|
SHORT TITLE: |
Tobacco Retail Sales Act |
SB |
|
||||
|
|
ANALYST: |
Smith |
|||||
APPROPRIATION
|
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
|
FY03 |
FY04 |
FY03 |
FY04 |
|
|
|
|
$150.0 |
|
|
Recurring |
General
Fund |
|
|
|
|
|
|
|
(Parenthesis
( ) Indicate Expenditure Decreases)
Responses
Received From
DFA
SUMMARY
Synopsis
of Bill
House Bill 277 would require licensing of establishments that sell
"tobacco products" and charges the Department of Health with
enforcing this Act. The bill also would
re-constitute current statutes that prohibit the sale to, and purchase of, tobacco
products by minors.
Current statutes (The Tobacco Products Act) prohibit the sale of
tobacco to minors and the purchase of tobacco by minors and provide that the
Alcohol and Gaming Division of RLD enforce the Act. Current statutes provide for penalties of up to a year and up to
$1,000 for sellers who sell tobacco to minors, and for a fine of up to $100 and
community service for minors who purchase tobacco, although the penalty would
be imposed for presenting false evidence of age rather than for the actual purchase,
as under current law.
Under the proposed bill, penalties would change to a civil fine of
$100 for the first violation and up to $500 for subsequent violations for
sellers, and essentially remain the same for minors who purchase tobacco. Sale of tobacco by unlicensed persons would
be punishable by a fine of $1,000. The
bill also requires vendors to verify a potential purchaser's age by checking
the identification card of any potential purchaser of tobacco products who
appears to be less than 27 years.
The bill
would appropriate $150.0 from the
general fund to the Department of Health for three enforcement officers and a
hearing officer to enforce the act. The
cost would be recurring
OTHER
SUBSTANTIVE ISSUES
DFA notes that many of
the bill's provisions exist in current law.
However, requiring all sellers of tobacco to become licensed, at no
charge, is a new requirement.
Enforcement responsibility would be
moved from Regulation and Licensing Department to the Department of
Health. It is unclear why personnel and
budget in the Regulation and Licensing Department currently devoted to
enforcing the current act would not be moved to the DOH.
A new provision of law requiring
"carding" of all who appear less than 27 years old represents a
substantial new requirement on retail sellers of tobacco products, and
enforcement of that provision and others represents a new potential for
enforcement action against retailers, in the form of fines and tobacco sales
license suspension, with escalating penalties for repeat offenses or violations
of the act.
A major change in law would be the
elimination of the offense of purchasing tobacco when
under-age and replacing it with the
offense of presenting false evidence of age.
This would have the effect of changing the offense by minors from
purchasing or attempting to purchase tobacco products into the offense of
presenting fake IDs, thereby removing from statute the prohibition against
minors purchasing tobacco products.
SS/njw:sb