As Amended by House Committee
Session of 2000
HOUSE BILL No. 2917
By Representative Flower
2-9
11 AN ACT
concerning cigarette and tobacco products regulation; relating
12 to administrative
fines; amending K.S.A. 1999 Supp. 79-3391 and re-
13 pealing the existing
section.
14
15 Be it enacted by the Legislature of the
State of Kansas:
16 Section
1. K.S.A. 1999 Supp. 79-3391 is hereby amended to read as
17 follows: 79-3391. (a) In addition to or in
lieu of any other civil or criminal
18 penalty provided by law, the secretary of
revenue or the secretary's des-
19 ignee, upon a finding that a licensee under
this act has violated any pro-
20 vision of this act or any provision of any
rule and regulation of the sec-
21 retary of revenue adopted pursuant to this
act shall impose on such
22 licensee a civil fine not exceeding $1,000
for each violation.
23 (b) It shall be
unlawful for any person, directly or indirectly, to: (1)
24 Sell, give or furnish any cigarettes or
tobacco products to any person
25 under 18 years of age; or (2) buy any
cigarettes or tobacco products for
26 any person under 18 years of age. In
determining the fine to be imposed
27 under this subsection by a licensed retail
dealer whose employee sold,
28 furnished or distributed the cigarettes or
tobacco products, the secretary
29 of revenue or the secretary's designee
shall consider it to be a mitigating
30 circumstance if the employee had completed
a training program, ap-
31 proved by the secretary of revenue or the
secretary's designee, in avoiding
32 sale, furnishing or distributing of
cigarettes and tobacco products to per-
33 sons under 18 years of age.
34 (c) No fine shall
be imposed pursuant to this section except upon the
35 written order of the secretary of revenue
or the secretary's designee to
36 the licensee who committed the violation.
Such order shall state the vi-
37 olation, the fine to be imposed and the
right of the licensee to appeal the
38 order. Such order shall be subject to
appeal and review in the manner
39 provided by the Kansas administrative
procedure act.
40 (d) Any fine
collected pursuant to this section shall be paid to the
41 state treasurer, who shall deposit the
entire amount in the state treasury
42 and credit it to the cigarette and tobacco
products regulation fund.
43 (e) There is
hereby created, in the state treasury, the cigarette and
2
1 tobacco products regulation fund.
Moneys in the fund shall be expended
2 only for the enforcement of this act
and rules and regulations adopted
3 pursuant to this act. Such
expenditures shall be made in accordance with
4 appropriation acts upon warrants of
the director of accounts and reports
5 issued pursuant to vouchers approved
by the secretary of revenue or a
6 person designated by the
secretary.
7
(f) If a licensee violates subsection (b) for a
second or subsequent
8 occurrence within a
three-year period, the secretary may impose a
grad-
9 uated fine upon such
licensee for the second or subsequent occurrence.
If
10 more than three years have
passed between violations, the subsequent
11 violation shall be considered a
first occurrence.
12 (f) For the purposes of
imposing a fine under this section, if
13 three or more years have elapsed since a
person has been found
14 to have violated the provisions of
subsection (b), such person shall
15 be treated as never having violated
subsection (b).
16 Sec. 2. K.S.A. 1999 Supp.
79-3391 is hereby repealed.
17 Sec. 3. This act shall
take effect and be in force from and after its
18 publication in the statute book.