View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
S1048......................................................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.
01/30 Senate intro - 1st rdg - to printing
01/31 Rpt prt - to St Aff
02/09 Rpt out - rec d/p - to 2nd rdg
02/12 2nd rdg - to 3rd rdg
02/20 3rd rdg - PASSED - 32-1-2
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge,
Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Williams,
NAYS -- Whitworth
Absent and excused -- Danielson, Goedde
Floor Sponsor -- King-Barrutia
Title apvd - to House
02/21 House intro - 1st rdg - to St Aff
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
02/28 3rd rdg - PASSED - 55-9-6
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Collins, Cuddy, Deal,
Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gould,
Hadley, Hammond, Harwood, Henbest, Hornbeck, Jones, Kendell, Kunz,
Lake, Langford, Loertscher, Mader, Marley, McKague, Meyer,
Montgomery, Mortensen, Moss, Moyle, Pearce, Raybould, Ridinger,
Robison, Sali, Sellman, Shepherd, Smylie, Stevenson, Stone, Trail,
Wheeler, Mr. Speaker
NAYS -- Clark, Higgins, Kellogg, Pischner, Pomeroy, Smith, Tilman,
Wood, Young
Absent and excused -- Crow, Gagner, Jaquet, Roberts, Schaefer, Swan
Floor Sponsor -- Hornbeck
Title apvd - to Senate
03/01 To enrol
03/02 Rpt enrol - Pres signed
03/05 Sp signed
03/06 To Governor
03/08 Governor signed
Session Law Chapter 39
Effective: 01/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1048
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
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 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 at the same location, who was involved in any previous citation for violation,
13 the permittee shall be fined four hundred dollars ($400). Effective training
14 and employment practices by the permittee, as determined by the department
15 shall be a mitigating factor in determining permit suspension. Tobacco
16 retailers must remove all tobacco products from all areas accessible to or
17 visible to 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 inspections 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. Each year the department shall conduct random
43 unannounced inspections, with the assistance of a minor, equal to the number
44 of permittees multiplied by the violation percentage rate reported for the
45 previous year multiplied by a factor of ten (10). Local law enforcement agen-
46 cies are encouraged to contract with the department to perform these required
47 inspections.
48 (4) Minors may assist with random, unannounced inspections with the writ-
49 ten consent of a parent or legal guardian. When assisting with these inspec-
50 tions, minors shall not provide false identification, nor make any false
51 statement regarding their age.
52 (5) Citizens may file a written complaint of noncompliance of this chap-
53 ter with the department, or with a law enforcement agency. Complaints shall be
3
1 investigated and the proper enforcement actions taken.
2 (6) Within a reasonable time, not later than two (2) business days after
3 an inspection has occurred, a representative of the business inspected shall
4 be informed in writing of the results of the inspection.
5 SECTION 4. An emergency existing therefor, which emergency is hereby
6 declared to exist, this act shall be in full force and effect on and after its
7 passage and approval, and retroactively to January 1, 2001.
STATEMENT OF PURPOSE
RS 10690C2
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 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. The permittee will be notified in writing of penalties
for further violations. If no training program is in place the $200.00
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 and is still
working in the same store, the employer shall be fined $400.00 and his or her
permit could be suspended. Effective training will 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. In any case, the revocation shall be no less than
30 days.
The Department will be required to do at least one instead of two random
inspections per year. ( Department has not been able to comply with Idaho law)
Effective date of this legislation would be January 1, 2001.
In March of 2000, the U. S. Supreme Court determined that the Federal Drug
Administration (FDA) had not been given authority to regulate tobacco and
therefore the FDA no longer had the ability to fund inspections of tobacco
retailers. The cost of inspections required under I.C. seq, had been funded with
an FDA grant. The program is projected $370,000 in General Fund dollars to fund the
inspections of tobacco retailers required by state law using the following formula.
Number of Permits Issued for FY2001 = 1,845 (this is down from the 1,950 used
to project originally for budget request)
Under current law at least two inspections per outlet: 1,845 x 2 = 3,690 Cost per inspection
(from 1999 cost figures): $89.00
Budget to perform 3,690 inspections: 3,690 x $89.00 = $328,410.00 Add: 5% Program
Administration: (328,410 x .05) = 16,420.50
Total Program Budget Projection (under current law) $344,830.50
Number of Permits Issued for FY2001 = 1,845
Reported violation rate = 18.8%
Calculation for number of inspections for 2002 number of permits issued x
violation rate x 10, or:
1,845 x .188 x 10 = 3,468
Budget to perform 3,468 inspections: 3,468 x $89.00 $308,652.00
Add: 5% Program Adinistration: (308,652 x .05) = 15,432.60
Total Program Budget Projection (under SB 1048) $324,084.60
VARIANCE BETWEEN BUDGET PROJECTIONS: $20,745.90
Legislation results in savings of $20, 746 based on the current program budget,
and rewards retailers by lowering number of inspections as violation rate comes down.
Contact:
Vicki Patterson
Idaho Petroleum Marketers Association
321 7464
STATEMENT OF PURPOSE/FISCAL NOTE S 1048
REVISED REVISED REVISED REVISED