"An Act relating to suspension of a business license endorsement for sales of tobacco products and to a tobacco sales education course; and providing for an effective date."

House Bill 223 would require every employee selling an age restricted tobacco product to complete a retail tobacco education course. The course would provide instruction as to the requirements of state and federal laws applicable to tobacco sales and proper procedures for checking identification. The course would also cover methods of preventing sales to underage persons, and health issues relating to tobacco use. In addition, HB 223 would shield employers from the liability of intentional employee misbehavior in selling tobacco to minors as long as the employer had provided the required education to the employee. Under current law, an employer is absolutely liable for any act of the employee in selling tobacco to a minor.

I have introduced this legislation in order to resolve two problems existing under current Alaska law. First, unlike the laws of many other states, a salesperson selling tobacco in Alaska is not required to obtain any instructive training as to the laws, dangers, and issues surrounding tobacco use and the sale of tobacco products to minors. Second, a tobacco endorsement holder is currently liable under every circumstance for any of its employees' violations of the tobacco laws. As a result of an employee's misconduct, a merchant faces suspension of their tobacco endorsement. This absolute liability has been extended to situations where an employer has instituted sophisticated controls and company policies in an attempt to control employee misbehavior.

HB 223 accomplishes its mission of resolving the problems existing in current law by increasing education and awareness of persons selling tobacco products. This additional mandatory education and awareness will increase compliance with the law. HB 223 provides security to merchants possessing a tobacco endorsement by assuring their business will not be unduly penalized when they have ensured their employees have completed the required training.

I urge your support.

Last Updated: 05/06/2003 - 23-LS0772\D

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