Legislature(1997 - 1998)
05/06/1997 02:24 PM House JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SSHB 189 RESTRICT TOBACCO SALES [Contains considerable discussion of SSHB 159] CHAIRMAN GREEN announced the first item of business would be Sponsor Substitute for House Bill No. 189, "An Act relating to sale of tobacco and tobacco products; and providing for an effective date." Number 0062 REPRESENTATIVE BRIAN PORTER made a motion to rescind the committee's action of May 5, 1997, that had moved CSSSHB 189(JUD) out of committee. CHAIRMAN GREEN asked whether there was an objection. There being none, the bill was again before the committee. He asked Mike Ford to explain the dilemma arising from the verbal amending done the previous day. Number 0099 MIKE FORD, Attorney, Legislative Legal and Research Services, Legislative Affairs Agency, stated, "The committee did pass out two bills, House Bill 159 and House Bill 189. And there were some duplicative, conflicting and overlapping provisions in the two bills. So, what we did was attempt to differentiate between the provisions that were conflicting and resolve that, which resulted in a Judiciary CS for House Bill 159, which has passed out of the committee, and a new Judiciary CS, which you have before you now. So, I believe we have a vehicle which ... avoids the conflicts. It contains those provisions that will capture, I believe, the intent of the sponsor and the committee and, hopefully, be a vehicle that will allow you to proceed on ... both fronts." He offered to go through the new draft, version 0-LS0711\H, Ford, 5/6/97. CHAIRMAN GREEN asked whether the sponsor has any problem with it. MARCO PIGNALBERI, Legislative Assistant to Representative John Cowdery, stated that Representative Cowdery likes this version. REPRESENTATIVE ERIC CROFT asked to hear what the changes are. He then made a motion to adopt version 0-LS0711\H, Ford, 5/6/97, as a work draft. There being no objection, that version was before the committee. MR. FORD explained the changes: "Section 1 repeals language that is applicable to the vending machine limitation on sale and also adds a `knowing' element in place of the `negligent' sale. So, we've raised the standard there for committing this offense. "Section 2 is the section where we have actually raised the punishment to class B and class A misdemeanor, depending on whether it's your first offense or whether you have multiple offenses. "Section 3 is a provision that imposes a restriction on sale. ... Except for sales by vending machine, you can't sell tobacco products unless you meet the paragraph 1 and 2 requirements. Paragraph 1 is simply an access limitation; you have to restrict your ... public access to the product. Paragraph 2 is the wholesale exception; if you're a wholesaler, then you are allowed to sell. Number 0341 "Section 4 is a section added to be consistent with Section 1. It's raising the standard from `criminally negligent' to `knowing' in order to lose your license ... as a wholesaler. "Section 5 is a repeal section. We're repealing two sections that deal with vending machines. And, again, this is consistent with the changes made in House Bill 159 and is intended to avoid any conflicts. "Section 6 is a provision we added that is intended to allow the Revisor to reconcile House Bill 159 and 189, assuming that both pass, and perhaps with additional changes, which we are unaware of at this point." Number 0403 CHAIRMAN GREEN asked for confirmation that if HB 159 didn't pass, Section 6 would become moot. MR. FORD responded, "That's correct. The one thing I would point out to the committee, however, is that if 159 does not pass, we have taken out the vending machine restrictions in 189. So, if in fact ... at some in this process this becomes the sole vehicle, you would probably want to add those in here so you'd maintain your restrictions on vending machine sales." REPRESENTATIVE CROFT asked, "Can we add them in now, identically, and then no matter what bill comes through, ... it's there? Can we pull the ... 159 vending machine?" MR. FORD replied, "You could do that. As I said, when we approached the project, it was as a package, 159 and 189. And assuming that both those vehicles passed, we're trying to eliminate the conflicts between them, because they did repeal and reenact sections. Actually, one section was amended; the other bill repealed and reenacted the same section. So, in order to avoid the confusion over ... `who's on first,' we drafted it this way." Number 0510 REPRESENTATIVE CROFT responded, "Well, I guess I'd move that as a conceptual amendment. Noting the lateness in the session, he said, "And I'd rather make sure that it is there, rather than, when we're trying to strengthen the law, have the unintended consequence of possibly eliminating the vending machine restrictions." Number 0525 REPRESENTATIVE CON BUNDE said his only question would be whether this would delay this bill getting to the floor. He said it is a package, and he believes there is an understanding that it will be a package on the floor. CHAIRMAN GREEN responded, "And I suppose if it did happen that somehow it didn't make it here, we could revisit it on the other side." REPRESENTATIVE CROFT added, "I guess on the floor." CHAIRMAN GREEN said, "Or the floor ...." REPRESENTATIVE CROFT said he'd withdraw the motion, although it may still be a good idea, because of the timing. Number 0580 REPRESENTATIVE NORMAN ROKEBERG asked whether there was a further referral to the House Finance Committee. CHAIRMAN GREEN said, "This one I think has zero." REPRESENTATIVE ROKEBERG asked, "And 159?" CHAIRMAN GREEN replied, "159 is lagging because it does have a referral ... to Finance. It has a positive fiscal note. It may be waived, but ...." REPRESENTATIVE ROKEBERG suggested it would be better to do the work in committee, rather than on the House floor. Number 0617 REPRESENTATIVE PORTER pointed out that the work they were anticipating would only be needed if one bill failed. "I don't see that happening," he added. REPRESENTATIVE ROKEBERG said, "It depends how it's scheduled on the calendar, too." CHAIRMAN GREEN said, "Well, the worst that would happen, if this were scheduled first and the other one fails, then we'd just reconsider our vote on this and reopen the bill." REPRESENTATIVE ROKEBERG asked, "We have a designated `amender' there?" CHAIRMAN GREEN stated, "I will follow that up, then, and appoint myself ... to make sure that we don't pass a bill over that doesn't have the vending machine clauses in it." REPRESENTATIVE ROKEBERG stated his understanding that the House Rules Committee would be "packaging" it. He suggested perhaps they could do it there. CHAIRMAN GREEN responded, "That would work, too. The only thing is, we still won't know whether they both make it." Number 0688 REPRESENTATIVE BUNDE stated for clarification, "There has never been anyone charged under legislation like this. I don't see anything that would probably change that." MR. FORD responded, "Mr. Chairman, it's my understanding that that is correct. However, [you] probably should ask that question of the Department of Law." REPRESENTATIVE PORTER made a motion to move version 0-LS0711\H, Ford, 5/6/97 out of committee with individual recommendations. There being no objection, CSSSHB 189(JUD) moved from the House Judiciary Standing.
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