H.B. 2726 amends several statutes dealing with cigarette and tobacco infractions. Major provisions of the bill are as follows:
All appeals of cigarette and tobacco infraction convictions taken from a municipal court or a district magistrate would be tried by a district court without a jury.
A representative from the Governor's Office indicated the bill would not have the defects that were in 1997 S.B. 87, which was vetoed by the Governor.
Support for the bill was expressed by a conferee with the Kansas Oil Marketing Association. Comments were received from representatives from the Kansas Public Health Association, Inc., and the Attorney General's Office.
The Senate Committee on Federal and State Affairs made several amendments to H.B. 2726. First, the Committee deleted provisions added by the House Committee of the Whole which would have provided that any moneys received as a result of litigation against tobacco industry companies and related entities or moneys received from any party or the federal government be credited in equal parts to the Residential Property Tax Exemption Finance Fund and the Children's Health Care Program Fund. Both funds would have been established in the bill.
Second, the Committee deleted a provision that would have allowed a municipal court judge, a district magistrate, or a district court judge to require a juvenile charged with a cigarette or tobacco infraction to appear along with a parent or guardian in court.
Third, the Committee deleted a provision that would have allowed the court to require a juvenile to complete an education program of at least two hours which focused on the dangers associated with the use of cigarettes or tobacco products.
Finally, the Committee deleted the provision that increased the current fine for a cigarette infraction of $25 to a system of graduated fines based on the number of prior convictions.
The fiscal note indicates the courts may experience some fiscal impact if there are a significant number of actions as a result of passage of the bill; however, the fiscal note does not take into account the amendments made by the Senate Committee.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext-bill.html.