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Session of 2000
          HOUSE BILL No. 3035           By Committee on Federal and State Affairs           3-15          

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10             AN  ACT concerning cigarettes and tobacco products; relating to admin-
11             istrative fines and penalties; amending K.S.A. 1999 Supp. 79-3391 and
12             repealing the existing section.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 1999 Supp. 79-3391 is hereby amended to read as
16       follows: 79-3391. (a) In addition to or in lieu of any other civil or criminal
17       penalty provided by law, the secretary of revenue or the secretary's des-
18       ignee, upon a finding that a licensee under this act has violated any pro-
19       vision of this act or any provision of any rule and regulation of the sec-
20       retary of revenue adopted pursuant to this act shall impose on such
21       licensee a civil fine not exceeding $1,000 for each violation.
22             (b) It shall be unlawful for any person, directly or indirectly, to: (1)
23       Sell, give or furnish any cigarettes or tobacco products to any person
24       under 18 years of age; or (2) buy any cigarettes or tobacco products for
25       any person under 18 years of age. In determining the fine to be imposed
26       under this subsection by a licensed retail dealer whose employee sold,
27       furnished or distributed the cigarettes or tobacco products, the secretary
28       of revenue or the secretary's designee shall consider it to be a mitigating
29       circumstance if the employee had completed a training program, ap-
30       proved by the secretary of revenue or the secretary's designee, in avoiding
31       sale, furnishing or distributing of cigarettes and tobacco products to per-
32       sons under 18 years of age.
33             (c) No fine shall be imposed pursuant to this section except upon the
34       written order of the secretary of revenue or the secretary's designee to
35       the licensee who committed the violation. Such order shall state the vi-
36       olation, the fine to be imposed and the right of the licensee to appeal the
37       order. Such order shall be subject to appeal and review in the manner
38       provided by the Kansas administrative procedure act.
39             (d) Any fine collected pursuant to this section shall be paid to the
40       state treasurer, who shall deposit the entire amount in the state treasury
41       and credit it to the cigarette and tobacco products regulation fund.
42             (e) There is hereby created, in the state treasury, the cigarette and
43       tobacco products regulation fund. Moneys in the fund shall be expended

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  1       only for the enforcement of this act and rules and regulations adopted
  2       pursuant to this act. Such expenditures shall be made in accordance with
  3       appropriation acts upon warrants of the director of accounts and reports
  4       issued pursuant to vouchers approved by the secretary of revenue or a
  5       person designated by the secretary.
  6             (f) Whenever the secretary or the secretary's designee conducts a
  7       compliance check of any licensee pursuant to an agreement with any
  8       agency of the federal government, to determine compliance with any fed-
  9       eral law or regulation related to the sale of cigarettes or tobacco products
10       including but not limited to regulations prohibiting the sale of cigarettes
11       or any tobacco products to minors, the secretary or the secretary's des-
12       ignee shall not conduct, at the same time, a compliance check of the li-
13       censee to determine the licensee's compliance with this section. If any such
14       compliance check conducted on behalf of an agency of the federal gov-
15       ernment discloses acts by a licensee or licensee's employee that would
16       constitute a violation of this section:
17             (1) No citation shall be issued to the licensee pursuant to this section;
18             (2) no fines shall be imposed on the licensee pursuant to this section;
19             (3) no action shall be taken by the secretary or the secretary's designee
20       to suspend or revoke the licensee's license pursuant to this section; and
21             (4) such violation shall not be considered for purposes of any en-
22       hancement of any penalty for subsequent violations of this section. 
23       Sec.  2. K.S.A. 1999 Supp. 79-3391 is hereby repealed.
24        Sec.  3. This act shall take effect and be in force from and after its
25       publication in the statute book.