Print Friendly HOUSE BILL NO. 297 – Cigarette sales, age verification
HOUSE BILL NO. 297
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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
02/24 House intro - 1st rdg - to printing
02/25 Rpt prt - to St Aff
|||| 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.
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
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
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
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.
Name: Rep. Julie Ellsworth
Rep. Crete Edmunson
STATEMENT OF PURPOSE/FISCAL NOTE H 29