As Amended by House Committee
Session of 2000
By Representative Flower

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.
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


  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.