2003 Legislation
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HOUSE BILL NO. 297 – Cigarette sales, age verification

HOUSE BILL NO. 297

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Daily Data Tracking History



H0297.........................................................by STATE AFFAIRS
CIGARETTE SALES - AGE VERIFICATION - Adds to existing law to provide
requirements for delivery sales of cigarettes; to provide age verification
requirements; to provide disclosure requirements; to provide shipping
requirements; to provide registration and reporting requirements; and to
provide enforcement for sales of cigarettes over the phone or over the
Internet.
                                                                        
02/24    House intro - 1st rdg - to printing
02/25    Rpt prt - to St Aff

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 297
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SALES OF CIGARETTES; AMENDING CHAPTER 57, TITLE 39, IDAHO CODE, BY
  3        THE ADDITION OF NEW SECTIONS 39-5714, 39-5715, 39-5716,  39-5717,  39-5718
  4        AND  39-5719,  IDAHO  CODE, TO PROVIDE REQUIREMENTS FOR DELIVERY SALES, TO
  5        PROVIDE AGE VERIFICATION REQUIREMENTS, TO PROVIDE DISCLOSURE REQUIREMENTS,
  6        TO PROVIDE SHIPPING REQUIREMENTS, TO PROVIDE  REGISTRATION  AND  REPORTING
  7        REQUIREMENTS AND TO PROVIDE ENFORCEMENT.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Chapter  57,  Title 39, Idaho Code, be, and the same is
 10    hereby amended by the addition thereto of NEW SECTIONS, to be known and desig-
 11    nated as Sections 39-5714, 39-5715, 39-5716,  39-5717,  39-5718  and  39-5719,
 12    Idaho Code, and to read as follows:
                                                                        
 13        39-5714.  REQUIREMENTS  FOR  DELIVERY  SALES.  (1)  No seller shall make a
 14    delivery sale of cigarettes to any individual who is under age  eighteen  (18)
 15    years in this state.
 16        (2)  Each  seller  taking a delivery sale order shall comply with: the age
 17    verification requirements set forth in section 39-5715, Idaho Code;  the  dis-
 18    closure  requirements  set  forth in section 39-5716, Idaho Code; the shipping
 19    requirements set forth in section 39-5717, Idaho Code;  the  registration  and
 20    reporting  requirements set forth in section 39-5718, Idaho Code; all tax col-
 21    lection requirements provided by title 63, Idaho Code; and all other  laws  of
 22    the  state  of  Idaho  generally  applicable to sales of cigarettes that occur
 23    entirely within Idaho including, but  not  limited  to,  those  laws  imposing
 24    excise taxes, sales and use taxes, licensing and tax stamping requirements and
 25    escrow or other payment obligations.
                                                                        
 26        39-5715.  AGE  VERIFICATION REQUIREMENTS. (1) No seller shall mail or ship
 27    cigarettes in connection with a delivery sale order unless, before mailing  or
 28    shipping  such  cigarettes, the seller accepting the delivery sale order first
 29    obtains from the prospective customer a certification which includes  reliable
 30    confirmation  that  the  purchaser  is  at  least eighteen (18) years old, the
 31    credit or debit card used for payment has been issued in the purchaser's name,
 32    and the address to which the cigarettes are being  shipped  match  the  credit
 33    card company's address for the cardholder.
 34        (2)  In  addition  to  any  other requirements provided in this chapter, a
 35    seller of cigarettes shall post on any advertisement or  website  that  it  is
 36    unlawful  for  cigarettes  to be sold or possessed by persons below the age of
 37    eighteen (18) years and persons purchasing  or  possessing  cigarettes  to  be
 38    given  to  a  person  under the age of eighteen (18) years shall be liable for
 39    civil and criminal penalties.
 40        (3)  Sellers taking a delivery sale order  may  request  that  prospective
 41    purchasers provide their e-mail addresses.
                                                                        
                                           2
                                                                        
  1        39-5716.  DISCLOSURE REQUIREMENTS. The notice required by section 39-5715,
  2    Idaho Code, shall include:
  3        (1)  A  prominent  and  clearly  legible statement that cigarette sales to
  4    individuals below  the age of eighteen (18) years are illegal;
  5        (2)  A prominent and clearly legible statement that consists of one (1) of
  6    the warnings set forth in section 4(a)(1) of the  federal  cigarette  labeling
  7    and  advertising  act  (15  U.S.C.  section 1333(a)(1)) rotated on a quarterly
  8    basis;
  9        (3)  A prominent and clearly legible statement that  sales  of  cigarettes
 10    are  restricted  to  those  individuals who provide verifiable proof of age in
 11    accordance with section 39-5715, Idaho Code; and
 12        (4)  A prominent and clearly legible statement that  cigarette  sales  are
 13    taxable under chapter 25, title 63, Idaho Code, and an explanation of how such
 14    tax has been, or is to be paid, with respect to such delivery sale.
                                                                        
 15        39-5717.  SHIPPING REQUIREMENTS. Each seller who mails or ships cigarettes
 16    in connection with a delivery sale order shall include as part of the shipping
 17    documents a clear and conspicuous statement providing as follows: "CIGARETTES:
 18    IDAHO  LAW  PROHIBITS SHIPPING TO INDIVIDUALS UNDER THE AGE OF EIGHTEEN YEARS,
 19    AND REQUIRES THE PAYMENT OF TAXES PURSUANT TO  CHAPTER  25,  TITLE  63,  IDAHO
 20    CODE. PERSONS VIOLATING THIS MAY BE CIVILLY AND CRIMINALLY LIABLE."
 21        Anyone  delivering  any  container shall have reason to know that the con-
 22    tainer contains cigarettes if the notice provided by this section is  affixed.
 23    If  a seller taking a delivery sale order also delivers the cigarettes without
 24    using a third party delivery service, such person shall comply  with  all  the
 25    requirements  of  this  act  applicable  to a delivery service and shall be in
 26    violation of this act if he fails to comply with any such requirement.
                                                                        
 27        39-5718.  REGISTRATION AND REPORTING REQUIREMENTS.  (1)  Prior  to  making
 28    delivery sales or shipping cigarettes in connection with any such sales, every
 29    seller shall file with the department and the state tax commission a statement
 30    setting  forth  the  seller's name, trade name and the address of the seller's
 31    principal place of business and any other place of business.
 32        (2)  Not later than the tenth day of each calendar month, each seller that
 33    has made a delivery sale or shipped or delivered cigarettes in connection with
 34    any such sale during the previous calendar month shall file with  the  depart-
 35    ment  and the state tax commission a memorandum or a copy of the invoice which
 36    provides for each and every such delivery sale:
 37        (a)  The name and address of the individual to whom the delivery sale  was
 38        made;
 39        (b)  The brand or brands of the cigarettes that were sold in such delivery
 40        sale; and
 41        (c)  The quantity of cigarettes that were sold in such delivery sale.
 42        (3)  Any  cigarettes  sold or attempted to be sold in a delivery sale that
 43    does not meet the requirements of this act shall be forfeited to the state  of
 44    Idaho  and destroyed. All fixtures, equipment and all other materials and real
 45    and personal property on the premises of any seller who, with  the  intent  to
 46    defraud  the  state of Idaho, fails to satisfy any of the requirements of this
 47    act shall be forfeited to the state of Idaho.
                                                                        
 48        39-5719.  ENFORCEMENT. The attorney general or his designee, or any person
 49    who holds a permit under 26 U.S.C. section 5712, may bring an action  in  dis-
 50    trict court in Idaho to prevent or restrain violations of this act by any per-
 51    son or by any person controlling such person.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 12849C1
Relating to direct delivery sales of tobacco.  Over the past
several years, the State of Idaho has been a leader in preventing
youth access to tobacco products.  With the rise of tobacco sales
via the internet and other direct sales means, a hole in existing
Idaho law has surfaced. This legislation would stop a delivery
sale of cigarettes to any individual who is under the legal
minimum purchase age in Idaho.

This legislation would require delivery only to adults that are
verified to be of legal age.

The act further provides for enforcement against those who
violate the provisions of the act.
                          FISCAL IMPACT
None

Contact
Name: Rep. Julie Ellsworth 
      Rep. Crete Edmunson
Phone: 208/332-1000




STATEMENT OF PURPOSE/FISCAL NOTE     H 29