Print Friendly HOUSE BILL NO. 363 – Tobacco products, sale to minor
HOUSE BILL NO. 363
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H0363......................................................by STATE AFFAIRS
TOBACCO PRODUCTS - SALE TO MINORS - Amends and repeals existing law
relating to the sale or distribution of tobacco products to a minor; to
further define terms, placing enforcement with the Idaho State Police; to
provide that civil penalties shall be deposited to the General Fund; and to
abolish the Prevention of Minors' Access to Tobacco Fund.
03/14 House intro - 1st rdg - to printing
03/15 Rpt prt - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 363
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO SALE OR DISTRIBUTION OF TOBACCO PRODUCTS TO A MINOR; AMENDING SEC-
3 TION 39-5701, IDAHO CODE, TO REVISE A STATEMENT OF LEGISLATIVE FINDINGS
4 AND INTENT; AMENDING SECTION 39-5702, IDAHO CODE, TO FURTHER DEFINE TERMS
5 AND TO PROVIDE ENFORCEMENT OF THIS CHAPTER BY IDAHO STATE POLICE; AMENDING
6 SECTION 39-5708, IDAHO CODE, AS AMENDED BY SENATE BILL NO. 1048, AS
7 ENACTED BY THE FIRST REGULAR SESSION OF THE FIFTY-SIXTH IDAHO LEGISLATURE,
8 TO PROVIDE THAT CIVIL PENALTIES SHALL BE DEPOSITED TO THE GENERAL FUND;
9 AMENDING SECTION 39-5710, IDAHO CODE, AS AMENDED BY SENATE BILL NO. 1048,
10 AS ENACTED BY THE FIRST REGULAR SESSION OF THE FIFTY-SIXTH IDAHO LEGISLA-
11 TURE, TO GOVERN THE CONDUCT OF ENFORCEMENT ACTIONS; AND REPEALING SECTION
12 39-5711, IDAHO CODE.
13 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Section 39-5701, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 39-5701. LEGISLATIVE FINDINGS AND INTENT. The prevention of youth access
18 to tobacco products within the state of Idaho is hereby declared to be a state
19 goal to promote the general health and welfare of Idaho's young people.
20 Twenty-seven percent (27%) of Idaho's youth currently smoke and almost twenty-
21 seven percent (27%) of boys in Idaho use chewing tobacco which is signifi-
22 cantly higher than the national average.
23 Tobacco is the number one killer in Idaho causing more deaths by far than
24 alcohol, illegal drugs, car crashes, homicides, suicides, fires and AIDS com-
25 bined. According to the center for disease control and prevention (CDC),
26 twenty-four thousand three hundred ninety-four (24,394) children in Idaho cur-
27 rently under eighteen (18) years of age will die prematurely from tobacco-
28 related disease. Tobacco costs the state over two hundred forty million dol-
29 lars ($240,000,000) each year and is the single most preventable cause of
30 death and disability in Idaho.
31 Furthermore, tobacco is usually the first drug used by young people who go
32 on to use alcohol and other illegal drugs. A study from the CDC shows that
33 teens who smoke are three (3) times more likely than nonsmokers to use alco-
34 hol, eight (8) times more likely to use marijuana, and twenty-two (22) times
35 more likely to use cocaine.
36 Most minors buy their own tobacco products or steal from self-service dis-
37 plays. Additionally, vending machines also create easy access for minors and a
38 report from the CDC shows that even when vending machines are restricted to
39 "adult areas" such as bars, children still succeed in purchasing cigarettes
40 from vending machines.
41 Therefore, iIt is this state's policy to prevent the illegal sale, theft
42 and easy access of tobacco products to minors and to prohibit the possession,
43 distribution and use of tobacco products by minors and to punish those who
44 disregard this law.
1 SECTION 2. That Section 39-5702, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 39-5702. DEFINITIONS. The terms used in this chapter are defined as fol-
5 (1) "Business" means any company, partnership, firm, sole proprietorship,
6 association, corporation, organization, or other legal entity, or a represen-
7 tative of the foregoing entities.
8 (2) "Department" means the Idaho state department of health and welfare
9 police or its duly authorized representative.
10 (3) "Distribute" means to give, deliver, sell, offer to give, offer to
11 deliver, offer to sell or cause any person to do the same or hire any person
12 to do the same.
13 (4) "Minor" means a person under eighteen (18) years of age.
14 (5) "Permit" means a permit issued by the department for the sale or dis-
15 tribution of tobacco products.
16 (6) "Permittee" means the holder of a valid permit for the sale or dis-
17 tribution of tobacco products.
18 (7) "Photographic identification" means state, district, territorial,
19 possession, provincial, national or other equivalent government driver's
20 license, identification card or military card, in all cases bearing a photo-
21 graph and a date of birth, or a valid passport.
22 (8) "Random unannounced inspection" means an inspection of retail outlets
23 by a law enforcement agency or by the department, with or without the assis-
24 tance of a minor, to monitor compliance of this chapter.
25 (9) "Sample" means the use of generally recognized statistical practices
26 in conformity with the selection protocol as defined in 45 CFR 130.
27 (10) "Seller" means the person who physically sells or distributes tobacco
29 (1 01) "Tobacco product" means any substance that contains tobacco includ-
30 ing, but not limited to, cigarettes, cigars, pipes, snuff, smoking tobacco,
31 tobacco papers, or smokeless tobacco.
32 (1 12) "Vending machine" means any mechanical, electronic or other similar
33 device which, upon the insertion of tokens, money or any other form of pay-
34 ment, dispenses tobacco products.
35 (1 23) "Vendor assisted sales" means any sale or distribution in which the
36 customer has no access to the product except through the assistance of the
38 (1 34) "Without a permit" means a business that has failed to obtain a per-
39 mit or a business whose permit is suspended or revoked.
40 SECTION 3. That Section 39-5708, Idaho Code, as amended by Senate Bill
41 No. 1048, as enacted by the First Regular Session of the Fifty-sixth Idaho
42 Legislature, be, and the same is hereby amended to read as follows:
43 39-5708. CIVIL PENALTIES FOR VIOLATIONS OF PERMIT. Any permittee who
44 fails to comply with any part of this chapter, or any current state or local
45 law or rule or regulation regarding the sale or distribution of tobacco prod-
46 ucts shall be subject to a civil penalty as provided in this section or have
47 their permit suspended, pursuant to compliance with the contested case provi-
48 sions of the Idaho administrative procedure act, chapter 52, title 67, Idaho
49 Code, or both.
50 (1) If a seller who is not a permittee violates section 39-5705, Idaho
51 Code, and sells or distributes tobacco products to a minor, the seller shall
52 be fined one hundred dollars ($100).
1 (2) In the case of a first violation, the permittee shall be notified in
2 writing of penalties to be levied for further violations.
3 (3) In the case of a second violation, the permittee shall be fined two
4 hundred dollars ($200) and shall be notified in writing of penalties to be
5 levied for further violations. For a violation of section 39-5705, Idaho Code,
6 the permittee shall not be fined if the permittee can show that a training
7 program was in place for the employee and that the permittee has a form signed
8 by that employee on file stating that they understand the tobacco laws dealing
9 with minors and the unlawful purchase of tobacco, but the permittee shall be
10 notified in writing of penalties to be levied for any further violations. If
11 no such training is in place, the permittee shall be fined two hundred dollars
13 (4) In the case of a third violation in a two (2) year period, the per-
14 mittee shall be fined two hundred dollars ($200) and the permit may be sus-
15 pended for up to seven (7) days. If the violation is by an employee, at the
16 same location, who was involved in any previous citation for violation, the
17 permittee shall be fined four hundred dollars ($400). Effective training and
18 employment practices by the permittee, as determined by the department shall
19 be a mitigating factor in determining permit suspension. Tobacco retailers
20 must remove all tobacco products from all areas accessible to or visible to
21 the public while the permit is suspended.
22 (5) In the case of four (4) or more violations within a two (2) year
23 period, the permittee shall be fined four hundred dollars ($400) and the per-
24 mit shall be revoked until such time that the permittee demonstrates an effec-
25 tive training plan to the department, but in no case shall the revocation be
26 for less than thirty (30) days. Tobacco retailers must remove all tobacco
27 products from all areas accessible to or visible to the public while the per-
28 mit is revoked.
29 (6) All moneys collected for violations pursuant to this section shall be
30 remitted to the prevention of minors' access to tobacco fund created in sec-
31 tion 39-5711, Idaho Code general fund.
32 SECTION 4. That Section 39-5710, Idaho Code, as amended by Senate Bill
33 No. 1048, as enacted by the First Regular Session of the Fifty-sixth Idaho
34 Legislature, be, and the same is hereby amended to read as follows:
35 39-5710. CONDUCT OF ENFORCEMENT ACTIONS. (1) It is the intent of the leg-
36 islature that law enforcement agencies and the department shall enforce this
37 chapter and rules promulgated pursuant thereto in a manner that can reasonably
38 be expected to significantly reduce the extent to which tobacco products are
39 sold or distributed to minors.
40 (2) Law enforcement agencies may conduct random, unannounced inspections
41 at locations where tobacco products are sold or distributed to ensure compli-
42 ance with this chapter. A copy of all citations issued inspections conducted
43 under this chapter shall be submitted to the department.
44 (3) Each year t The department shall conduct at least one (1) random,
45 unannounced inspections per year, with the assistance of a minor, at all loca-
46 tions where tobacco products are sold or distributed at retail to ensure com-
47 pliance with this chapter. Each year the department shall conduct random
48 unannounced inspections, with the assistance of a minor, equal to the number
49 of permittees multiplied by the violation percentage rate reported for the
50 previous year multiplied by a factor of ten (10) of a representative sample of
51 permittees with the assistance of a minor. Local law enforcement agencies are
52 encouraged to contract with the department to perform these required inspec-
1 (4) Minors may assist with random, unannounced inspections with the writ-
2 ten consent of a parent or legal guardian. When assisting with these inspec-
3 tions, minors shall not provide false identification, nor make any false
4 statement regarding their age.
5 (5) Citizens may file a written complaint of noncompliance of this chap-
6 ter with the department, or with a law enforcement agency. Complaints shall be
7 investigated and the proper enforcement actions taken.
8 (6) Within a reasonable time, nNot later than two (2) business days after
9 an inspection has occurred, a representative of the business inspected shall
10 be informed in writing of the results of the any inspection.
11 SECTION 5. That Section 39-5711, Idaho Code, be, and the same is hereby
STATEMENT OF PURPOSE
This legislation removes the enforcement responsibility of the
Prevention of Minors' Access to Tobacco Law from the Department
of Health and Welfare and gives it to the Idaho State Police.
It changes the formula for the required number of stings to one
that is possible for the State Police to perform. It removes the
emergency clause thus giving the State Police until July 1, 2001,
to prepare for the program. It removes dated and unnecessary
language in the intent language. It gives a definition for
"sample". It directs that all fines that are levied will be placed
in the General Fund.
The Joint Finance and Appropriations Committee has appropriated
$300,000.00 to the Idaho State Police to fund this program.
Name: Sen. Clyde Boatright Rep. Wayne Meyer
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 363