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S1035......................................................by STATE AFFAIRS TOBACCO PRODUCTS - SALE TO MINORS - Amends existing law relating to sale or distribution of tobacco products to a minor to clarify the conditions which constitute a violation; to provide a schedule of penalties for violations; and to provide a formula for determination of the number of inspections to be conducted. 01/25 Senate intro - 1st rdg - to printing 01/26 Rpt prt - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1035 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO SALE OR DISTRIBUTION OF TOBACCO PRODUCTS TO A MINOR; AMENDING SEC- 3 TION 39-5705, IDAHO CODE, TO STRIKE A REQUIREMENT TO VERIFY AGE; AMENDING 4 SECTION 39-5708, IDAHO CODE, TO PROVIDE A SCHEDULE OF PENALTIES FOR VIOLA- 5 TION OF PERMIT; AMENDING SECTION 39-5710, IDAHO CODE, TO PROVIDE A FORMULA 6 FOR DETERMINATION OF THE NUMBER OF INSPECTIONS TO BE CONDUCTED; DECLARING 7 AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 39-5705, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 39-5705. SALE OR DISTRIBUTION OF TOBACCO PRODUCTS TO A MINOR. (1) It 12 shall be unlawful to sell, distribute or offer tobacco products to a minor. 13 (2)Tobacco products may not be sold or distributed at retail to any per-14son under eighteen (18) years of age unless the seller first verifies that15person's age by means of photographic identification containing the person's16date of birth.17(3)It shall be an affirmative defense that the seller of a tobacco prod- 18 uct to a minor in violation of this section had requested, examined and rea- 19 sonably relied upon a photographic identification from such person establish- 20 ing that person's age as at least eighteen (18) years of age prior to selling 21 such person a tobacco product. The failure of a seller to request and examine 22 photographic identification from a person under eighteen (18) years of age 23 prior to the sale of a tobacco product to such person shall be construed 24 against the seller and form a conclusive basis for the seller's violation of 25 this section. 26 SECTION 2. That Section 39-5708, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 39-5708. CIVIL PENALTIES FOR VIOLATIONS OF PERMIT. Any permittee who 29 fails to comply with any part of this chapter, or any current state or local 30 law or rule or regulation regarding the sale or distribution of tobacco prod- 31 ucts shall be subject to a civil penalty as provided in this section or have 32 their permit suspended, pursuant to compliance with the contested case provi- 33 sions of the Idaho administrative procedure act, chapter 52, title 67, Idaho 34 Code, or both. 35 (1) If a seller who is not a permittee violates section 39-5705, Idaho 36 Code, and sells or distributes tobacco products to a minor, the seller shall 37 be fined one hundred dollars ($100). 38 (2) In the case of a first violation, the permittee shall be notified in 39 writing of penalties to be levied for further violations. 40 (3) In the case of afirstsecond violation, the permittee shall be fined 41 two hundred dollars ($200) and shall be notified in writing of penalties to be 2 1 levied for further violations. For a violation of section 39-5705, Idaho Code, 2 the permittee shall not be fined if the permittee can show that a training 3 program was in place for the employee and that the permittee has a form signed 4 by that employee on file stating that they understand the tobacco laws dealing 5 with minors and the unlawful purchase of tobacco, but the permittee shall be 6 notified in writing of penalties to be levied for any further violations. If 7 no such training is in place, the permittee shall be fined two hundred dollars 8 ($200). 9 (34) In the case of asecondthird violation in a two (2) year period, 10 the permittee shall be finedfourtwo hundred dollars ($4200) and the permit 11 may be suspended for up to seven (7) days. If the violation is by an employee 12 of the permittee who was involved in any previous citation for violation, the 13 permittee shall be fined four hundred dollars ($400). Effective training and 14 employment practices by the permittee, as determined by the department shall 15 be a mitigating factor in determining permit suspension. Tobacco retailers 16 must remove all tobacco products from all areas accessible to or visible to 17 the public while the permit is suspended. 18 (45) In the case ofthreefour (34) or more violations within a two (2) 19 year period, the permittee shall be finedone thousandfour hundred dollars 20 ($1,0400) and the permit shall be revoked until such time that the permittee 21 demonstrates an effective training plan to the department, but in no case 22 shall the revocation be for less than thirty (30) days. Tobacco retailers must 23 remove all tobacco products from all areas accessible to or visible to the 24 public while the permit is revoked. 25 (56) All moneys collected for violations pursuant to this section shall 26 be remitted to the prevention of minors' access to tobacco fund created in 27 section 39-5711, Idaho Code. 28 SECTION 3. That Section 39-5710, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 39-5710. CONDUCT OF ENFORCEMENT ACTIONS. (1) It is the intent of the leg- 31 islature that law enforcement agencies and the department shall enforce this 32 chapter and rules promulgated pursuant thereto in a manner that can reasonably 33 be expected to significantly reduce the extent to which tobacco products are 34 sold or distributed to minors. 35 (2) Law enforcement agencies may conduct random, unannounced inspections 36 at locations where tobacco products are sold or distributed to ensure compli- 37 ance with this chapter. A copy of all citations issued under this chapter 38 shall be submitted to the department. 39 (3) The department shall conduct at leasttwoone (21) random, 40 unannounced inspectionsper year, with the assistance of a minor, at all loca- 41 tions where tobacco products are sold or distributed at retail to ensure com- 42 pliance with this chapter. The department shall conduct additional inspections 43 sufficient to equal in number the number of permittees multiplied by the 44 violation percentage rate reported for the previous year multiplied by a fac- 45 tor of ten (10). Local law enforcement agencies are encouraged to contract 46 with the department to perform these required inspections. 47 (4) Minors may assist with random, unannounced inspections with the writ- 48 ten consent of a parent or legal guardian. When assisting with these inspec- 49 tions, minors shall not provide false identification, nor make any false 50 statement regarding their age. 51 (5) Citizens may file a written complaint of noncompliance of this chap- 52 ter with the department, or with a law enforcement agency. Complaints shall be 53 investigated and the proper enforcement actions taken. 3 1 (6) Within a reasonable time, not later than two (2) business days after 2 an inspection has occurred, a representative of the business inspected shall 3 be informed in writing of the results of the inspection. 4 SECTION 4. An emergency existing therefor, which emergency is hereby 5 declared to exist, this act shall be in full force and effect on and after its 6 passage and approval, and retroactively to January 1, 2001.
STATEMENT OF PURPOSE RS10690C1 This legislation changes the sections dealing with the penalties for the sale of tobacco to youth. The penalties remain the same for the person who actually sells the tobacco to the youth. On the first violation the permitee(person holding permit to sell, usually the owner of the business) will be notified of penalties to be levied for further violations. On the second offense permitee will be fined $200.00 unless permitee can show that there was a training program was in place and has a form signed by the employee stating that they understand the tobacco laws dealing with minors and the unlawful purchase of tobacco but permittee will be notified in writing of penalties for further violations. If no training program is in place the $200.09 fine will be levied. Third offense - violation in a two year period. If the employee of the permittee has been involved in a prior violation, the employer shall be fined $400.00 and could Effective training will a be a mitigating factor in determining permit suspension. In the case of four or more violations in the two year period, the permittee will be fined $400.00 and the permit will be revoked until such time as the permittee can demonstrate that an effective training program is in place but in any case the revocation shall be no less than 30 days. The Department will be required to do one instead of two random inspections per year. ( Department has not been able to comply with Idaho law) FISCAL IMPACT STATEMENT It is estimated that each inspection done by or for the department cost approximately $70.00. This will cut those costs in half with only one required inspection a year rather than two. Contact: Vicki Patterson, Idaho Petroleum Marketers Association 11303 Hickory Loop Drive Boise, Id. 83713 Phone: 321 7464 FAX: 321-4924 email: Lincoln@micron . net STATEMENT OF PURPOSE/FISCAL NOTE S 103