SCLD Update
July 1998

Breast Cancer Detection
Cervical Cancer Detection
Ovarian Cancer Detection
Prostate Cancer Detection
Testicular Cancer Detection
Cancer-General
Genetics
Tobacco-Use Reduction
State-of-the-Art Treatment
Cancer Registries
Occupational Exposure
Erratum
Enacted Legislation and Adopted Resolutions

Nine states—Alaska, Colorado, Florida, Iowa, Kansas, Kentucky, Virginia, West Virginia, and Wisconsin—passed laws related to minors' access to tobacco.

Legislation enacted in Alaska (H.B. 189) prohibits the sale of cigarettes, cigars, or tobacco products without the intervention of a sales clerk. This provision does not apply to sales by vending machine or by retailers who sell primarily cigarettes, cigars, or tobacco products and who restrict access to the premises to only those individuals who are at least 19 years of age. Violation of this provision carries a minimum fine of $300, and a cigarette license may be suspended or revoked for a negligent violation. In addition, Alaska now requires employee break rooms, and other areas of a private work place that are not generally considered public places, with vending machines that sell tobacco products to have posted a warning sign indicating that possession of tobacco by a person under 19 years of age is prohibited under state law.

Colorado enacted two laws addressing youth access to tobacco. Through H.B. 1328, Colorado authorized each Board of County Commissioners within the state to adopt a resolution or ordinance prohibiting minors from possessing cigarettes or tobacco products. In addition, the legislature passed H.B. 1387 which amends the state's tobacco sales provisions and sign-posting requirements. The state now prohibits retailers from selling or permitting the sale of cigarettes or tobacco products to minors under age 18. Retailers in violation of the law are subject to graduated penalties, including a fine of $1,000 to $15,000 for five or more violations within a 12-month period. Exempt from this provision are retailers who establish that the salesperson was presented with and reasonably relied on photographic identification. The law also sets forth several affirmative defenses that retailers may use only twice at each location within any 12-month period.

H.B. 1387 also amended the language on the warning signs retailers must post on buildings and vending machines. Retailers that violate the sign-posting law or the state's vending machine law are subject to graduated penalties.

Persons under age 18 are prohibited from attempting to purchase cigarettes or tobacco products. Minors acting at the direction of an employee of a governmental agency authorized to enforce or ensure compliance with laws relating to the prohibition of the sale of cigarettes and tobacco products to minors are exempt. Minors who attempt to purchase cigarettes or tobacco products commit a Class 2 petty offense subject to a fine of $100. The court has the option of allowing convicted minors to perform community service and earn credit against the fine and court costs at the rate of $5 per hour.

H.B. 1387 also gives the Division of Liquor Enforcement ("Division"), within the state Department of Revenue, the power to enforce laws relating to the prohibition of the sale of cigarettes and tobacco products to minors. It designates the Division as the lead state agency for the enforcement of state statutes in compliance with Federal laws relating to the prohibition of the sale of cigarettes and tobacco products to minors. The Division is authorized to penalize retailers for violating the youth access to tobacco law.

The measure also creates in the state Treasury the Tobacco Use Prevention Fund ("Fund"). Subject to appropriations by the General Assembly, the state Department of Human Services may make grants from the Fund to programs designed to develop training materials for retailers related to the prohibition of the sale of cigarettes and tobacco products to minors or to programs designed to prevent the use of cigarettes and tobacco products by minors.

As of July 1, 2001, the following provisions are repealed, according to the terms of the law: (1) the youth access to tobacco provision relating to sales by retailers, including vending machine restrictions and sign-posting requirements; (2) the provision relating to the Tobacco Use Prevention Fund; (3) the penalty provisions applying to retailers; and (4) the enforcement authority provisions.

Florida enacted S.B. 720, eliminating from the state youth access law the exemption for minors who are working in conjunction with a law enforcement agency to test the compliance of dealers with the law. The state also passed S. B. 1270 which requires that a portion of the funds from tobacco settlement revenues be used to: (1) place enforcement agents in retail locations to deter youth purchasing of tobacco, (2) provide training for store employees, and (3) provide enforcement near schools. The law calls for the involvement of local law enforcement agencies, businesses, and school districts in the state's enforcement efforts. See the additional summary of this bill in the Tobacco-Use Reduction/Tobacco Litigation section.

With the passage of H.F. 2120, Iowa will prohibit the sale of cigarettes or tobacco products in quantities less than a carton without the intervention of a sales clerk, effective January 1, 1999. Retailers are subject to permit revocation for a violation of this law.

By enacting H.B. 2726, Kansas no longer recognizes the completion of an employee training program as a mitigating circumstance when imposing a penalty on a retail dealer whose employee violates the law. Furthermore, the law mandates that the person in violation of the state's youth access to tobacco law will be the individual directly selling, furnishing, or distributing the cigarettes or tobacco products to any person under 18 years of age or the retail dealer who has actual knowledge of such selling, furnishing, or distributing by such individual, or both. However, an employee of a licensed retail dealer has an affirmative defense to prosecution if there was reasonable cause to believe that the recipient was of legal age and exhibited a photographic identification specified by the law.

Two measures were passed in Kentucky during this quarter. S.B. 146, authorizes all peace officers and employees of the state Department of Agriculture to issue citations to juveniles who obtain tobacco products by way of retail sale, vending machine, or product samples. Such violation of the law by a minor under age 18 is a status offense. S.B. 307 prohibits the retail sale of cigarettes in packages of fewer than 20. Violators are subject to a fine of $100 to $500. Penalties must be enforced by the state Department of Agriculture through civil enforcement procedures.

With the enactment of S.B. 696, Virginia no longer allows tobacco product vending machines in places open to the general public. The law also clarifies that establishments that prohibit the presence of minors unless accompanied by an adult are not considered "open to the general public." Individuals or retail establishments that violate the vending machine location restrictions are subject to graduated civil penalties. Any law enforcement officer may issue a summons for a violation of the vending machine location restrictions. Virginia passed two additional laws (H.B. 1430 and S.B. 716) which authorize the state Alcoholic Beverage Control Board to use information obtained from the state Tax Commissioner or from inspections of wholesale cigarette dealers for the sole purpose of creating and maintaining a list of retail tobacco dealers to facilitate enforcement of laws relating to the sale of tobacco products to minors.

In West Virginia, H.B. 2395 prohibits a person or business entity from selling, giving, or furnishing to persons under age 18 cigarettes, cigarette papers, cigars, pipes, snuff, chewing tobacco, or tobacco products in any form. It is unlawful for a minor to use or possess any of these tobacco products or accessories. A firm or corporation convicted of selling, giving, or furnishing tobacco products to minors is guilty of a misdemeanor and is subject to graduated penalties. Individuals in violation of the law are guilty of a misdemeanor and must be fined between $10 and $25 upon conviction. With certain exceptions related to participation in inspections, minors in violation of the law must be sentenced to eight hours of community service. The law also specifies several affirmative defenses for persons charged with selling, giving, or furnishing tobacco products to minors as the result of a compliance inspection.

The Commissioner of the state Alcohol Beverage Control Administration, the Superintendent of the Police, county sheriffs, and municipal police chiefs have enforcement authority. They may periodically conduct unannounced inspections of locations where tobacco products are sold or distributed, to ensure compliance with the youth access to tobacco laws. Minors may be used to test compliance if: (1) they are under the direct supervision of one of the designated enforcement authorities, and (2) written consent from the minor's parent or guardian has been obtained first.

With S.B. 313, Wisconsin amends its tobacco sales provisions by prohibiting employees of retailers, manufacturers, or distributors from selling or providing free, or at nominal cost, cigarettes or tobacco products to any person under age 18, except to minors purchasing or possessing cigarettes or tobacco products as an employment requirement. Moreover, retailers, manufacturers, and distributors, or their employees, may not provide free or nominal-cost cigarettes or tobacco products to any person, except in a place where no person younger than age 18 is present or permitted to enter unless accompanied by a parent, guardian, or spouse who has attained the age of 18.

The law also now restricts the location of vending machines to places where the retailer or vending machine operator ensures that no person younger than age 18 is present or permitted to enter unless accompanied by a parent, guardian, or spouse who has attained the age of 18. In addition, any tobacco product vending machine located, by virtue of a binding written agreement in effect since May 13, 1998, in a place where persons under age 18 are present or permitted to enter without adult accompaniment must be removed by the expiration, extension, or renewal date of the written agreement. The removal provision is nonstatutory, but does have the force of law.

A Delaware resolution (H.R. 85) creates the Delaware Youth Tobacco Prevention Task Force ("Task Force") to research ways in which youth smoking can be reduced. The Task Force is required to develop and recommend standards and propose legislation to reduce youth tobacco use.

Clean Indoor Air

Through the passage of S.B. 444 in Georgia, the state now prohibits any person from smoking or attempting to smoke tobacco in any form in a public transit bus, rapid rail car, rapid rail station, or intermodal bus. Violators are guilty of a misdemeanor and subject to graduated civil penalties with the possibility of imprisonment. This law does not prohibit the enactment of more restrictive state or local laws, rules, regulations, or ordinances.

New Jersey's A.B. 553 prohibits smoking in an indoor area of a child care center when children are present. Smoking in an indoor area of a child care center when children are not present is restricted to areas that are separately ventilated to the outside. Smoking in any vehicle when used for child care center-sponsored transportation is also prohibited. Child care centers are required to post signs indicating the smoking prohibitions. The signs must be clearly visible to employees of the center and the public. The state Department of Human Services is authorized to deny, suspend, revoke, or refuse to renew a license for failure of a child care center or its sponsor to comply with this law.

Excise Taxes

From January 1, 1999, through December 31, 2008, Florida's H.B. 3783 dedicates 2.59 percent of the cigarette excise taxes collected and deposited in the state Alcoholic Beverage and Tobacco Trust Fund to the board of directors of the H. Lee Moffitt Cancer Center and Research Institute for the purpose of the constructing, furnishing, and equipping a cancer-research facility at the University of South Florida.

Tobacco Education

Florida enacted S.B. 1270, which appropriates a portion of the revenues received by the state as a result of a settlement of its lawsuit against the tobacco industry to tobacco education programs. See the additional summary of this bill in the Tobacco-Use Reduction/Tobacco Litigation section.

Included in L.B. 1070 in Nebraska is the Native American Public Health Act ("Act"). The Act requires the state Department of Health and Human Services to contract with state health clinics that have a substantial Native American clientele to provide the following services: (1) educate Native American children and adults about the health risks associated with smoking and tobacco use, alcohol abuse, and other substances that threaten health and well-being; and (2) cervical and breast cancer detection and other prevention components of comprehensive women's health services. See the additional summary of this bill in the Tobacco-Use Reduction/Tobacco Litigation section.

Tobacco Litigation

Six states—Florida, Kentucky, Maryland, Nebraska, New Hampshire, and Vermont—enacted laws related to state litigation against the tobacco industry.

Florida enacted two measures concerning the settlement of its lawsuit against the tobacco industry. S.B. 1268 creates the Tobacco Settlement Trust Fund ("Trust Fund") to accept deposit of all funds received by the state as a result of the settlement. The Trust Fund is scheduled to terminate on July 1, 2002. S.B. 1270 appropriates $70 million from tobacco settlement revenues to the Florida Department of Health to continue implementation of the Florida Kids Campaign Against Tobacco Pilot Program during fiscal year 1998-1999. Funds must be distributed to the state Department of Health for: (1) marketing and communications for a media campaign to create and promote messages urging youths to live tobacco free; (2) developing a comprehensive tobacco education and training initiative for grade school children; (3) developing community partnerships through the county health departments for implementing community-based tobacco prevention programs, including the needs of the state's minority youth population; and (4) obtaining baseline data on the prevalence of tobacco use among youths and for monitoring changes in tobacco utilization within this group. See the additional summary of this bill in the Tobacco-Use Reduction/Tobacco Access by Minors section.

Kentucky enacted S.B. 247, thereby creating, among other things, the Tobacco Settlement Agreement Fund ("Settlement Fund"). All monies credited to the state from the Federal tobacco settlement agreement or related Federal legislation must be deposited in the Settlement Fund. The state General Assembly's highest priority in distributing monies from the Settlement Fund must be: (1) tobacco farmers, (2) tobacco-impacted communities, and (3) health-related initiatives.

With S.B. 652, Maryland establishes that in any action brought by the state against a manufacturer of a tobacco product, the causation and medical assistance expenditures attributable to the use of a tobacco product may be proven or disproven by statistical analysis, without providing proof of the causation or the amount of expenditures for any individual.

The Nebraska Health Care Fund Act ("Act," L.B. 1070) creates the Nebraska Tobacco Settlement Trust Fund ("Settlement Fund") which comprises revenues received from a settlement or judgment awarded to the state as a result of tobacco-related litigation for compensation for the costs of treating smoking-related illnesses. The Act also creates the Excellence in Health Care Trust Fund ("Health Care Fund") which comprises revenue transferred from the Settlement Fund. Effective January 15, 1999, the Health Care Fund is required to be used for awarding grants for public health services which focus on health education and preventive health measures, including the following services: (1) tests and screening for cervical and breast cancer; and (2) education, research, and outreach programs that specifically address the cause and prevention of smoking-related diseases and smoking prevention and cessation. See the additional summary of this bill in the Tobacco-Use Reduction/Tobacco Education section.

New Hampshire's S.B. 497 mandates that all tobacco-related funds, including funds from settlements and grants, received by the state are subject to the same department and agency planning requirements as Federal block grants, in accordance with state law.

Vermont passed H.B. 749, which establishes a cause of action allowing the state to recover Medicaid benefits for tobacco-related health conditions from tobacco manufacturers. This law declares that the state may recover from tobacco manufacturers the amount paid or likely to be paid for medical assistance, plus punitive damages, costs, reasonable attorney's fees and other appropriate relief. In order to recover the funds, the state must prove: (1) that the tobacco manufacturers either were negligent or produced a defective product unreasonably dangerous to the consumer receiving medical assistance, (2) that the tobacco product caused the health conditions for which the state seeks reimbursement, and (3) the amount of compensatory damages and the appropriateness of any other relief sought.

The right of the state to bring a cause of action against a tobacco manufacturer under this law must be independent of and not construed to affect any rights or causes of action by an individual Medicaid benefits recipient to recover damages or other relief as a result of a tobacco-related health condition. Existing common law and statutory actions available to recover Medicaid expenditures from a tobacco manufacturer, including direct action, are expressly preserved.

Miscellaneous-Tobacco

In New Hampshire, H.B. 147 requires the Commissioner of the state Department of Health and Human Services to obtain and make publicly available an annual report from the state Department of Public Health. The report is to contain the list of additives for each brand of tobacco product sold.

California adopted a resolution (S.J.R. 32) memorializing the Congress of the United States to divert funds to the U.S. Department of Veterans Affairs for the costs of compensation paid to veterans who suffer as a result of the smoking addiction they acquired when they were in the United States Armed Forces.