HCS HB 205 -- FIRE SAFETY STANDARD AND FIREFIGHTER PROTECTION ACT

SPONSOR:  Jones, 89 (Parson)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
General Laws by a vote of 11 to 3.

This substitute establishes the Fire Safety Standard and
Firefighter Protection Act which prohibits the sale of any
cigarette in this state that has not been tested, certified, and
marked that it has met certain performance standards.  Any
manufacturer, wholesale dealer, agent, or other person or entity
who violates this requirement other than through retail sale may
be fined up to $100 per pack of cigarettes sold or offered for
sale.  No penalty against a manufacturer, wholesale dealer, or
agent can exceed $100,000 during any 30-day period, and no
penalty against a retail dealer can exceed $25,000 during any
30-day period.  Any corporation, partnership, sole
proprietorship, limited partnership, or association engaged in
the manufacture of cigarettes that knowingly makes a false
certification will be subject to a penalty of between $75,000 and
$250,000.  Other violations of the act will result in a civil
fine of up to $1,000 for a first violation and up to $5,000 for a
subsequent offense.  Certain exemptions for sales prior to the
effective date of the substitute and for cigarettes used for
consumer testing are specified.

The Attorney General, Department of Revenue, or the State Fire
Marshal are authorized to enforce the provisions of the
substitute.  These entities may view business records related to
cigarettes that are suspected of nonconformity with the
substitute's requirements.  Methods for the seizure and disposal
of illegal cigarettes are specified; however, any person may
appeal to a court of competent jurisdiction for injunctive relief
prior to the destruction of any illegal cigarettes.  All fines
will be deposited into the newly created Cigarette Fire Safety
Standard and Firefighter Protection Act Fund which must be used
by the State Fire Marshal to support fire safety and prevention
programs.

Performance standard tests will be conducted in accordance with
the Standard Test Method for Measuring the Ignition Strength of
Cigarettes of the American Society of Testing and Materials
unless the State Fire Marshal determines that it is impossible
for the cigarette manufacturer to use this test method.

The substitute becomes effective September 1, 2011.

FISCAL NOTE:  No impact on General Revenue Fund in FY 2010,
FY 2011, and FY 2012.  Estimated Effect on Other State Funds of
an income of $0 in FY 2010, an income of $84,535 to Unknown in
FY 2011, and a cost of $54,194 to an income of Unknown in
FY 2012.

PROPONENTS:  Supporters say that the bill will ensure that
cigarettes extinguish within a short period of non-use and will
prevent fires.  The bill has been introduced in 37 states and
reduces cigarette-caused fires by over 20%.  Cigarettes currently
cause approximately 20% to 25% of all residential fires and also
lead to deadly wildfires.  The cost of producing fire safe
cigarettes is minimal.

Testifying for the bill were Representative Parson; Richard
Lehmann, Missouri Association of Fire Chiefs; Missouri State
Council of Fire Fighters; American Cancer Society; and Stan
Cowan.

OPPONENTS:  There was no opposition voiced to the committee.

OTHERS:  Others testifying on the bill say that the Department of
Revenue may be better suited to enforce the bill than the State
Fire Marshal.  Vendors should be allowed to sell existing
cigarette stocks.  Business records should not be widely
available to the State Fire Marshal's office, and due process of
law in the seizure and destruction of cigarettes is necessary.
Missouri had 402 cigarette-caused fires and eight fatalities from
these fires in 2007 and 2008.  Fire marshals need to inspect
retail stores to prevent fraud and the illegal importation of
cigarettes.

Testifying on the bill were LPC, Incorporated; UGAS Incorporated;
Missouri Petroleum Marketers and Convenience Store Association;
and State Fire Marshal.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:24 am