Bill Status of HB0318  103rd General Assembly

Short Description:  TOBACCO DISPLAY

House Sponsors
Rep. Karen A. Yarbrough - John A. Fritchey - Robin Kelly - Jack McGuire - Marlow H. Colvin, Cynthia Soto, Elaine Nekritz, Julie Hamos, William Davis, Patricia Bailey, William Delgado, Charles G. Morrow, III, Sara Feigenholtz, Patricia R. Bellock, Calvin L. Giles, Richard T. Bradley, Charles E. Jefferson, Paul D. Froehlich, Larry McKeon, John J. Millner, Eddie Washington, Wyvetter H. Younge and Sandra M. Pihos

Senate Sponsors
(Sen. Denny Jacobs - Jeffrey M. Schoenberg - James T. Meeks - Jacqueline Y. Collins - Ira I. Silverstein, Edward D. Maloney, Christine Radogno, Miguel del Valle, Kimberly A. Lightford and Mattie Hunter)

Last Action
DateChamber Action
  1/11/2005HouseSession Sine Die

Statutes Amended In Order of Appearance
New Act


Synopsis As Introduced
Creates the Display of Tobacco Products Act. Provides that it is unlawful to sell, offer for sale, give away, or display tobacco products for sale at any location where the consumer can acquire those products through self-service. Provides that every tobacco product must be displayed from behind a sales or service counter so that a consumer cannot access tobacco products without assistance by an employee of the retail establishment authorized to sell tobacco products. Exempts the sale of tobacco products from vending machines if the vending machines are located in places authorized under the Sale of Tobacco to Minors Act. Provides that a violation is a petty offense for which the court shall impose a fine of not less than $100 nor more than $1,000. Exempts retail tobacco stores from the self-service restriction on tobacco product displays provided that the retail tobacco store (i) derives at least 90% of its revenue from tobacco and tobacco related products; (ii) does not permit persons under the age of 18 to enter the premises; and (iii) posts a sign on the main entrance way stating that persons under the age of 18 are prohibited from entering.

 Balanced Budget Note (Bureau of the Budget)
 It is not possible to complete this Note as requested.

 Fiscal Note (State Police)
 No fiscal costs.

House Floor Amendment No. 2
Provides that it is unlawful to sell, offer for sale, give away, or display tobacco products for sale at any location unless the tobacco products are displayed from behind a sales or service counter or in an age restricted area of a retail establishment or in an enclosed display case so that a consumer cannot access tobacco products without the assistance of an employee of the retail establishment authorized to sell tobacco products. Defines "age restricted area" as an enclosed designated area in a retail establishment that is directly visible to the cashier, separated from the other areas of the establishment, with a single separate entrance to which no one under 18 years of age is allowed to enter. Retains the same exemption for specified stores that was in the introduced bill. Excludes "cartons of cigarettes" from the definition of "tobacco products".

 Home Rule Note (Dept of Commerce and Community Affairs)
 HB 318 relates to the sale of tobacco products. The legislation does not contain language indicating a pre-emption of home rule powers and functions. Therefore, in the opinion of DCCA, HB 318 does not pre-empt home rule authority.

 State Mandates Fiscal Note (Dept of Commerce and Community Affairs)
 HB 318 does not create a State Mandate under the State Mandates Act.

Senate Committee Amendment No. 1
Changes the elements of the offense. Provides that it is unlawful for any person who sells tobacco products over the counter to maintain such products in any location accessible to customers that is not within the line of sight, or under the control, of a cashier or other employee during regular business hours, except that this condition does not apply to: (i) business establishments to which persons under the age of 18 are not admitted or to which such persons are not admitted unless accompanied by a parent or other adult, or (ii) tobacco specialty stores.

Actions 
DateChamber Action
  1/24/2003HouseFiled with the Clerk by Rep. Karen A. Yarbrough
  1/24/2003HouseFirst Reading
  1/24/2003HouseReferred to Rules Committee
  1/29/2003HouseAssigned to Consumer Protection Committee
  1/30/2003HouseAdded Chief Co-Sponsor Rep. Robin Kelly
  1/30/2003HouseAdded Chief Co-Sponsor Rep. John A. Fritchey
  1/30/2003HouseAdded Chief Co-Sponsor Rep. Jack McGuire
  1/30/2003HouseAdded Chief Co-Sponsor Rep. Marlow H. Colvin
  1/30/2003HouseAdded Co-Sponsor Rep. Cynthia Soto
  1/30/2003HouseAdded Co-Sponsor Rep. Elaine Nekritz
  1/30/2003HouseAdded Co-Sponsor Rep. Julie Hamos
  1/30/2003HouseAdded Co-Sponsor Rep. William Davis
  1/30/2003HouseAdded Co-Sponsor Rep. Patricia Bailey
  1/30/2003HouseAdded Co-Sponsor Rep. William Delgado
  1/30/2003HouseAdded Co-Sponsor Rep. Charles G. Morrow, III
  2/3/2003HouseAdded Co-Sponsor Rep. Sara Feigenholtz
  2/4/2003HouseAdded Co-Sponsor Rep. Patricia R. Bellock
  2/4/2003HouseAdded Co-Sponsor Rep. Calvin L. Giles
  2/4/2003HouseAdded Co-Sponsor Rep. Richard T. Bradley
  2/4/2003HouseAdded Co-Sponsor Rep. Charles E. Jefferson
  2/5/2003HouseDo Pass / Standard Debate Consumer Protection Committee; 006-003-000
  2/5/2003HousePlaced on Calendar 2nd Reading - Standard Debate
  2/20/2003HouseAdded Co-Sponsor Rep. Paul D. Froehlich
  2/26/2003HouseAdded Co-Sponsor Rep. Larry McKeon
  3/6/2003HouseFiscal Note Requested by Rep. Mike Bost
  3/6/2003HouseState Mandates Fiscal Note Requested by Rep. Mike Bost
  3/6/2003HouseBalanced Budget Note Requested by Rep. Mike Bost
  3/6/2003HouseHome Rule Note Requested by Rep. Mike Bost
  3/13/2003HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Karen A. Yarbrough
  3/13/2003HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/13/2003HouseBalanced Budget Note Filed
  3/14/2003HouseFiscal Note Filed
  3/18/2003HouseHouse Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 004-000-000
  3/18/2003HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Karen A. Yarbrough
  3/18/2003HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/19/2003HouseHome Rule Note Filed
  3/19/2003HouseState Mandates Fiscal Note Filed
  3/20/2003HouseAdded Co-Sponsor Rep. John J. Millner
  3/20/2003HouseAdded Co-Sponsor Rep. Eddie Washington
  3/20/2003HouseAdded Co-Sponsor Rep. Wyvetter H. Younge
  3/25/2003HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
  3/25/2003HouseSecond Reading - Short Debate
  3/25/2003HouseHouse Floor Amendment No. 1 Withdrawn by Rep. Karen A. Yarbrough
  3/25/2003HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  3/25/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/26/2003HouseAdded Co-Sponsor Rep. Sandra M. Pihos
  3/26/2003HouseThird Reading - Standard Debate - Passed 068-045-003
  3/27/2003SenateArrive in Senate
  3/27/2003SenatePlaced on Calendar Order of First Reading April 2, 2003
  3/27/2003SenateChief Senate Sponsor Sen. Denny Jacobs
  3/27/2003SenateFirst Reading
  3/27/2003SenateReferred to Rules
  4/11/2003SenateAdded as Alternate Chief Co-Sponsor Sen. Jeffrey M. Schoenberg
  4/15/2003SenateAdded as Alternate Co-Sponsor Sen. Edward D. Maloney
  4/15/2003SenateAdded as Alternate Chief Co-Sponsor Sen. James T. Meeks
  4/15/2003SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  4/15/2003SenateAdded as Alternate Chief Co-Sponsor Sen. Ira I. Silverstein
  4/15/2003SenateAdded as Alternate Co-Sponsor Sen. Christine Radogno
  4/16/2003SenateAssigned to Executive
  4/16/2003SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Denny Jacobs
  4/16/2003SenateSenate Committee Amendment No. 1 Referred to Rules
  4/17/2003SenateAdded as Alternate Co-Sponsor Sen. Miguel del Valle
  4/29/2003SenateAdded as Alternate Co-Sponsor Sen. Kimberly A. Lightford
  4/30/2003SenateSenate Committee Amendment No. 1 Rules Refers to Executive
  5/1/2003SenateSenate Committee Amendment No. 1 Adopted
  5/6/2003SenateDo Pass as Amended Executive; 012-000-000
  5/6/2003SenatePlaced on Calendar Order of 2nd Reading May 6, 2003
  5/6/2003SenateSecond Reading
  5/6/2003SenatePlaced on Calendar Order of 3rd Reading May 7, 2003
  5/7/2003SenateAdded as Alternate Co-Sponsor Sen. Mattie Hunter
  5/7/2003SenateThird Reading - Passed; 057-000-000
  5/8/2003HouseArrived in House
  5/8/2003HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/14/2003HouseSenate Committee Amendment No. 1 Motion Filed Non-Concur Rep. Karen A. Yarbrough; Motion #1
  5/23/2003HouseFinal Action Deadline Extended-9(b) May 31, 2003
  5/31/2003HouseSenate Committee Amendment No. 1 House Non-Concurs by Voice Vote
  5/31/2003SenateSecretary's Desk - Non-Concurrence Senate Amendment(s) 01
  5/31/2003SenatePlaced on Calendar Order of Non-Concurrence Senate Amendment(s) 01-November 04, 2003
  7/1/2003SenatePursuant to Senate Rule 3-9(b) / Referred to Rules
  5/13/2004SenateThird Reading Deadline Extended - Rule 2-10, extended to January 11, 2005.
  1/11/2005HouseSession Sine Die