HB0158 - Tobacco sales to minors.
2001 |
State of Wyoming |
01LSO-0362 |
HOUSE BILL NO. HB0158
Tobacco sales to minors.
Sponsored by: Representative(s) Osborn and Senator(s)
Devin
A BILL
for
1 AN ACT relating to the
sale of tobacco products to minors;
2
specifying that inspections of tobacco retailer's
3 establishments
may be for education, prevention or
4
enforcement; amending report and other requirements
5
accordingly; modifying and clarifying provisions related to
6
sale of tobacco products to minors; defining acceptable
7
identification card; amending the affirmative defenses to
8 the
sale of tobacco products to minors as specified; and
9
providing for an effective date.
10
11 Be It Enacted by the Legislature of the State of Wyoming:
12
13 Section 1. W.S. 14-3-301(a)
by creating a new
14 paragraph (iv), 14-3-302(f) and 14-3-307(b),
(c)(i), (ii),
15 (d)(intro), (i), (e)(iii)(A), (iv)
and (v) are amended to
16 read:
17
Page 1
1 14-3-301. Definitions.
2 (a) As used in this article:
3
4 (iv) "Identification
card" means a motor vehicle
5 driver's license, a registration
certificate issued under
6 the Federal Military Selection Service
Act, an
7 identification card issued to a member
of the armed forces,
8 an internationally accepted passport
document with a
9 discernible date of birth and
photograph or an
10 identification
card issued by the department of revenue.
11
12 14-3-302 Prohibited sales or delivery.
13
14 (f) It is
affirmative defense to a prosecution under
15 subsections (a) and (c) of this section and a petition for
16 injunction under
subsection (e) of this section that, in
17 the case of a sale, the person who sold the
tobacco product
18 demanded,
was presented with, and reasonably relied upon,
19 an identification card which identified the
person buying
20 or receiving the tobacco product as being
over eighteen
21 (18) years of age.
22
23 14-3-307. Compliance inspections.
24
Page 2
1
2 (b) The
department of health shall develop strategies
3 to
coordinate and support local law enforcement efforts
to
4
enforce all state statutes relating to the prohibition of
5 the
sale of tobacco products to minors.
6
7 (c) The department shall have discretion to:
8
9 (i) Work with each local law
enforcement agency 10 agencies
and individuals; and
11
12 (ii) Coordinate
local education, prevention and
13 enforcement efforts that appropriately
reflect the needs of
14 the community.
15
16 (d) To
coordinate the enforcement of state statutes
17 relating to the prohibition of the sale of
tobacco products
18 to minors and to comply with applicable
federal law, the
19 department of health shall have authority to
contract with
20 or provide grants to local law enforcement
agencies or
21 other local individuals or entities having the appropriate 22
level of enforcement authority on the local levelto
23 conduct random, unannounced inspections at
retail locations
24 where tobacco products are sold. Inspections may be
Page 3
1 conducted for purposes of education or enforcement.
The use
2 of
minors during inspections is authorized subject to the
3
following:
4
5 (i) The written consent shall include 6
notification that testimony in a
subsequent court 7
proceeding may be required. The
written consent of the
8
minor's parents or guardian shall be obtained prior to the
9
minor participating in an inspection. If the
inspection may
10 result in a
citation under this article, the written
11 consent shall
include notification that testimony in a
12 subsequent court
proceeding may be required;
13
14 (e) The person
conducting an inspection under this
15 section shall:
16
17 (iii) If the inspection may result in a citation
18 under
this article, within two (2) days, prepare
a report
19 of the inspection containing:
20
21 (A) The name of
the person who supervised
22 the inspection, a
photograph of the participant taken
23 immediately
before the inspection and any photographs of
24 the participant
taken during the inspection;
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1
2 (iv) Immediately
upon completion of the report,
3 if required under this
subsection, provide a copy of the
4
report to a representative or agent of the business
5
establishment that was inspected;
6
7 (v) If the inspecting agency determines further
8 action is appropriate, request
a law enforcement officer to
9 issue
a citation for any illegal acts relating to providing
10 tobacco products to minors during the
inspection.
11
12 Section 2. W.S. 14-3-307(d)(v) is repealed.
13
14 Section 3. This act is effective July 1, 2001.
15
16 (END)
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