March 25, 2011





ENGROSSED

HOUSE BILL No. 1405

_____


DIGEST OF HB 1405 (Updated March 23, 2011 4:21 pm - DI 110)



Citations Affected: IC 35-46.

Synopsis: Tobacco matters. Defines "dissolvable tobacco product". Provides that a person or retail establishment that knowingly: (1) sells or distributes a dissolvable tobacco product to a person less than 18 years of age; or (2) purchases a dissolvable tobacco product for delivery to a person less than 18 years of age; commits a Class C infraction. Provides that a person who is less than 18 years of age who: (1) purchases a dissolvable tobacco product; (2) accepts a dissolvable tobacco product for personal use; or (3) possesses a dissolvable tobacco product, commits a class C infraction. Provides that a dissolvable tobacco product is considered a tobacco product for purposes of provisions relating to the regulation of tobacco vending machines. Provides that the owner of a retail establishment that sells or distributes tobacco products through a self-service display, commits a Class C infraction. (Current law provides that the owner of a retail establishment that sells or distributes cigarettes through a self-service display, commits a Class C infraction.)

Effective: July 1, 2011.





Cherry , Bacon , Brown C
(SENATE SPONSORS _ ALTING, GARD, LANANE)




    January 18, 2011, read first time and referred to Committee on Public Policy.
    February 10, 2011, amended, reported _ Do Pass.
    February 14, 2011, read second time, amended, ordered engrossed.
    February 15, 2011, engrossed. Read third time, passed. Yeas 95, nays 0.

SENATE ACTION

    February 17, 2011, read first time and referred to Committee on Public Policy.
    March 24, 2011, reported favorably _ Do Pass.






March 25, 2011

First Regular Session 117th General Assembly (2011)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2010 Regular Session of the General Assembly.


ENGROSSED

HOUSE BILL No. 1405



    A BILL FOR AN ACT to amend the Indiana Code concerning alcohol and tobacco.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 35-46-1-1.3; (11)EH1405.1.1. -->     SECTION 1. IC 35-46-1-1.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1.3. As used in this chapter, "dissolvable tobacco product" means a smokeless tobacco product that dissolves in the mouth of the user.
SOURCE: IC 35-46-1-1.7; (11)EH1405.1.2. -->     SECTION 2. IC 35-46-1-1.7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1.7. As used in this chapter, "tobacco" includes:
        (1) chewing tobacco;
        (2) cigars, cigarettes, and snuff that contain tobacco; and
        (3) pipe tobacco; and
        (4) a dissolvable tobacco product.

SOURCE: IC 35-46-1-11.8; (11)EH1405.1.3. -->     SECTION 3. IC 35-46-1-11.8, AS ADDED BY P.L.37-2007, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 11.8. (a) As used in this section, "self-service

display" means a display that contains cigarettes tobacco in an area where a customer:
        (1) is permitted; and
        (2) has access to the cigarettes tobacco without assistance from a sales person.
    (b) This section does not apply to a self-service display located in a retail establishment that:
        (1) has a primary purpose to sell cigarettes; tobacco; and
        (2) prohibits entry by persons who are less than eighteen (18) years of age.
    (c) The owner of a retail establishment that sells or distributes cigarettes tobacco through a self-service display, other than a coin operated machine operated under IC 35-46-1-11 or IC 35-46-1-11.5, commits a Class C infraction.
    (d) Notwithstanding IC 34-28-5-5(c), civil penalties collected under this section must be deposited in the Richard D. Doyle youth tobacco education and enforcement fund (IC 7.1-6-2-6).