Print Friendly SENATE BILL NO. 1035 – Tobacco product/sale to minor/pnlty
SENATE BILL NO. 1035
View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating
text to be removed.
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
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 - 2001
IN 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-
14 son under eighteen (18) years of age unless the seller first verifies that
15 person's age by means of photographic identification containing the person's
16 date 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 a first second violation, the permittee shall be fined
41 two hundred dollars ($200) and shall be notified in writing of penalties to be
1 levied for further violations. For a violation of section 39-5705, Idaho Code,
2 the permittee shall not be fined if the permittee can show that a training
3 program was in place for the employee and that the permittee has a form signed
4 by that employee on file stating that they understand the tobacco laws dealing
5 with minors and the unlawful purchase of tobacco, but the permittee shall be
6 notified in writing of penalties to be levied for any further violations. If
7 no such training is in place, the permittee shall be fined two hundred dollars
9 ( 34) In the case of a second third violation in a two (2) year period,
10 the permittee shall be fined four two hundred dollars ($ 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 ($400). Effective training and
14 employment practices by the permittee, as determined by the department shall
15 be a mitigating factor in determining permit suspension. Tobacco retailers
16 must remove all tobacco products from all areas accessible to or visible to
17 the public while the permit is suspended.
18 ( 45) In the case of three four ( 34) or more violations within a two (2)
19 year period, the permittee shall be fined one thousand four hundred dollars
20 ($ 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 least two one ( 21) random,
40 unannounced inspection s per 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.
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
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
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.
Vicki Patterson, Idaho Petroleum Marketers Association
11303 Hickory Loop Drive
Boise, Id. 83713
Phone: 321 7464
email: Lincoln@micron . net
STATEMENT OF PURPOSE/FISCAL NOTE S 103