04/18/1997 03:21 PM House L&C

 SSHB 189 - RESTRICT TOBACCO SALES/POSSESSION                                  
                                                                               
 Number 067                                                                    
                                                                               
 VICE CHAIRMAN COWDERY announced the first order of business would             
 be SSHB 189, "An Act relating to sale of tobacco and tobacco                  
 products; and providing for an effective date."                               
                                                                               
 Number 099                                                                    
                                                                               
 CASEY SULLIVAN, Legislative Administrative Assistant to                       
 Representative John Cowdery, Alaska State Legislature, came before            
 the committee to explain the bill.  He informed the committee                 
 members there is a proposed committee substitute (CS).  The                   
 legislation will limit public access to tobacco products.  He said            
 the CS creates an affidavit for employees and increases the                   
 penalties for selling tobacco to minors.  It also includes a                  
 section that will allow only the sales clerk to have access to any            
 tobacco products prior to sale.  Self service tobacco displays will           
 be banned.  Mr. Sullivan said page 2, line 7, states, "the sale               
 occurs in a manner that allows only the sales clerk to have access            
 to the cigarettes, cigars, tobacco, or products containing tobacco            
 prior to sale;".  He said this will not limit how retail premises             
 or tobacco shop stores present tobacco products.  If anyone wishes            
 to buy tobacco products, they must go through an employee.                    
                                                                               
 MR. SULLIVAN said also included in the CS is a section that will              
 further require employees to card people who employees believe to             
 be under 27 years of age.  Secondly, the retail businesses shall              
 require the sales clerk to sign a form stating that they understand           
 it is illegal to sell tobacco to persons under the age of 19.  He             
 said they believe this will put more responsibility on retail                 
 employees who sell tobacco products.                                          
                                                                               
 MR. SULLIVAN explained there is also change regarding the                     
 penalties.  In the previous version of the bill, selling, giving or           
 exchanging tobacco to minors had a fine of up to $300.  In the CS,            
 the fines are the same as contributing alcohol to a minor.  The               
 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 E felony, a $50,000 fine.                                   
                                                                               
 Number 264                                                                    
                                                                               
 REPRESENTATIVE TOM BRICE asked if the age should be increased from            
 19 to 21.                                                                     
                                                                               
 VICE CHAIRMAN COWDERY said he hasn't requested that with his bill.            
                                                                               
 Number 289                                                                    
                                                                               
 REPRESENTATIVE BILL HUDSON made a motion to adopt CSSSHB 189(L&C),            
 0-LS0711, Version B, for the purpose of discussion.                           
                                                                               
 VICE CHAIRMAN COWDERY asked if there was an objection.  Hearing               
 none, CSSSHB 189(L&C) was adopted.                                            
                                                                               
 VICE CHAIRMAN COWDERY referred to Section 3, regarding the                    
 effective date of July 1, 1997, and said he would like to propose             
 a conceptual amendment to change it to 90 days.                               
                                                                               
 Number 339                                                                    
                                                                               
 REPRESENTATIVE BRICE pointed out the committee would need to strike           
 Section 3.  He then made a motion to delete on page 3, line 6,                
 Section 3.                                                                    
                                                                               
 VICE CHAIRMAN COWDERY asked if there was an objection.  Hearing               
 none, it was so ordered.                                                      
                                                                               
 Number 399                                                                    
                                                                               
 MR. SULLIVAN said Chairman Rokeberg had a question about signage on           
 a retail premises that sells tobacco.  He said AS 43.70.075 (f)               
 discusses that a person who holds a license endorsement under this            
 section shall post on the licensed premise a warning sign as                  
 described in the subsection.  He said the sign should measure 6               
 inches by 18 inches and must have lettering at least 1.5 inches               
 high which should read, "The sale of tobacco products to a person             
 under age of 19 is illegal."                                                  
                                                                               
 VICE CHAIRMAN COWDERY pointed out that there is also a mandatory              
 fine of a minimum of $300.                                                    
                                                                               
 REPRESENTATIVE HUDSON asked if there is a cap on the amount that              
 can be fined.                                                                 
                                                                               
 VICE CHAIRMAN COWDERY pointed out the language is the same language           
 regarding selling alcohol to a minor.                                         
                                                                               
 Number 588                                                                    
                                                                               
 REPRESENTATIVE JOE RYAN asked Vice Chairman Cowdery if he wanted to           
 raise the age from 19 to 21.                                                  
                                                                               
 VICE CHAIRMAN COWDERY responded that it is his intent to leave the            
 age at 19.  He also indicated there were no witnesses signed up to            
 testify.                                                                      
                                                                               
 Number 624                                                                    
                                                                               
 REPRESENTATIVE RYAN made a motion to moved CSSSHB 189(L&C), as                
 amended, out of committee with individual recommendations and a               
 zero accompanying fiscal note.  Hearing no objection, CSSSHB
(L&C), as amended, was moved out of the House Labor and Commerce           
 Standing Committee.