Date: 02/21/2006
Final
BILL SUMMARY for HB06-1248
HOUSE COMMITTEE ON JUDICIARY
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10:36 AM -- House Bill 06-1248
Representative Frangas, bill sponsor, provided an explanation of the provisions of HB 06-1248 that prohibit the sale of aerosol paint cans, tobacco-rolling papers, or any other item that may be used to smoke tobacco to an individual under the age of 18. Representative Frangas responded to committee questions regarding the affirmative defense on lines 14 through 17 of page 4, and regarding the various purposes for which individuals under the age of 18 legitimately use spray paint. He also responded to committee questions regarding the justification for affirmative defenses for using products that are not illegal.
10:46 AM
Chris Howes, Colorado Retail Council, spoke to his concerns with the bill. He spoke to the Denver City ordinance that requires spray paints to be locked up by retailers. He also spoke to problems the affirmative defense provisions present for retailers explaining that retailers would have to make a judgment about accepting a note from an individual's parents prior to the sale of prohibited items. He also suggested striking lines 18 through 22 on page 4 of the bill indicating home-rule municipalities can enact ordinances without this provision.
10:52 AM
Mary Lou Chapman, Rocky Mountain Food Industry Association, spoke in opposition to the bill. She expressed concern for the possibility that clerks will have to judge whether the purchase of spray paint is for a use other than its intended use. She also expressed concern for the language in the bill "any other item" because it, as well, requires clerks to guess the purpose for which an item is being purchased. In response to a committee question, Ms. Chapman indicated most retailers keep items such as pipes and tobacco papers behind the counter with cigarettes.
10:58 AM
The bill was taken off the table.