Sponsor Statement for SSHB 189

This legislation will limit public access to tobacco products, create an affidavit for employees and increase the penalties for selling tobacco to minors.

As it is now, one can sell and purchase tobacco products on a licensed liquor premise, retailers who obtain a tobacco endorsement, or by licensed vending machines. HB189 simply limits public access to tobacco products in retail premises. This bill will allow only the sales clerk to have access to any tobacco product prior to sale. This will ban self-service tobacco displays found today in many stores-- similar laws have been enacted in 171 cities around the U.S. Page 2, line 7 states "the sale occurs in a manner that allows only the sales clerk access to the cigarettes, cigars, tobacco". This will not limit how retail premises or tobacco shops store or present tobacco products. Rather if anyone wishes to buy tobacco, they must go through the employee.

New to this substitute is a section that will further require employees to card people whom employees believe to be under 27 -- which they already do now! Furthermore, tobacco retailers shall require their sales clerks to sign a form stating that they understand it is illegal to sell tobacco to persons under the age of nineteen. We believe this will put more responsibility on retail employees who sell tobacco products.

There is a change in penalties as well. In current statute, selling, giving or exchanging tobacco to minors was punishable by a fine, not less than $300. In this legislation the fines are the same as contributing alcohol to a minor; a first violation is a class A misdemeanor--a $5,000 fine. If a second infraction occurs within five years the person will be guilty of a class C felony--a possible $50,000 fine.