A month after House Republicans voted to block cities' tobacco restrictions, lawmakers OK'd heftier fines for stores that repeatedly sell tobacco to minors.
The Ohio House of Representatives passed House Bill 258 in an 83-8 vote Wednesday. The proposal would increase fines and possibly shut down businesses caught continually selling tobacco products to those younger than 21.
The bill had widespread support, indicating both Republicans and Democrats want to push back against teen tobacco use and vaping. Surveys indicate that 1 in 3 Ohio high school students have tried vaping.
"The retailers not doing any age verification must be held accountable," said Rep. Sara Carruthers, R-Hamilton, who sponsored the bill. "Until bad actors feel real consequences for their actions, the problem will only continue to grow."
More: Enquirer special report: Vaping crisis takes toll on children's health, families, schools
Under current law, individuals who sell tobacco or vaping products to those younger than 21 face up to 30 days in jail and up to a $250 fine for the first offense. Subsequent offenses can lead to up to 60 days in jail and up to a $500 fine.
Under the proposed law, the jail time would not change. The new fines would be:
up to $250 for the first offense.
up to $500 for the second offense.
$500 for the third offense.
$1,000 for the fourth offense and
$1,500 for the fifth or more offense.
The bill also allows repeat offenders to be labeled a "public nuisance," which opens the business up to lawsuits and possible closure. It would need approval in the Ohio Senate before heading to Gov. Mike DeWine.
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Wednesday's vote comes about a month after the Ohio House of Representatives voted to override a veto from DeWine. They voted to reinstate a ban on municipalities imposing tobacco restrictions.
For example, Columbus now has a ban on selling flavored tobacco products, which took effect on Jan. 1. House Republicans worry bans like Columbus' create a patchwork of policies that confuse customers and hurt retail stores.
"As long as we have uniform rules across the state, it's much better for commerce and much better for businesses to know what they can and can't do," said Speaker Jason Stephens, R-Kitts Hill, explaining the difference between the override and the bill approved Wednesday.
DeWine said Ohio can have that uniformity by banning flavored tobacco statewide rather than allowing municipalities to do so piecemeal − something lawmakers are loath to do. "For those who want uniformity, I would just urge them to put their efforts and their time toward trying to get uniform banning of flavors," the Republican governor told reporters last month.
But Carruthers said that adults enjoy flavored tobacco products, including menthol. She voted for the override because it created a patchwork of policies across the state and cut off access to the products for adults.
"If you’re 21 you can do whatever you want to your body. It’s your body," she said.
The override is half-finished. The Ohio Senate has until the end of the year to vote on an override. Senators have not yet set a date to do so, but they did support the policy when it was added to the state's two-year budget.
