ORIGINAL SENATE ENGROSSED
FILE NO. 0042
ENROLLED ACT NO. 39, SENATE
FIFTY-FIFTH LEGISLATURE OF THE STATE OF WYOMING
2000 BUDGET SESSION
AN ACT relating to the sale of tobacco products to minors;
imposing penalties for the sale or purchase of tobacco
products as specified; authorizing inspections of tobacco
retailers' establishments as specified; authorizing
injunctions; providing a definition; and providing for an
effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 14-3-306 and 14-3-307 are created to
read:
14-3-306. Teen court jurisdiction.
The teen court program authorized under W.S. 7-13-1203 may
have jurisdiction over any offense committed by a minor
under this article.
14-3-307. Compliance inspections.
(a) The department of health, working with local law
enforcement agencies and other local individuals and
organizations at the discretion of the department, shall be
the lead agency to ensure compliance with this article.
(b) The department of health shall develop strategies
to coordinate and support local law enforcement efforts to
enforce all state statutes relating to the prohibition of
the sale of tobacco products to minors.
(c) The department shall have discretion to:
(i) Work with each local law enforcement agency;
and
(ii) Coordinate local enforcement efforts that
appropriately reflect the needs of the community.
(d) To coordinate the enforcement of state statutes
relating to the prohibition of the sale of tobacco products
to minors and to comply with applicable federal law, the
department of health shall have authority to contract with
or provide grants to local law enforcement agencies or
other local individuals or entities having the appropriate
level of enforcement authority on the local level to
conduct random, unannounced inspections at retail locations
where tobacco products are sold. The use of minors during
inspections is authorized subject to the following:
(i) The written consent shall include
notification that testimony in a subsequent court
proceeding may be required. The written consent of the
minor's parents or guardian shall be obtained prior to the
minor participating in an inspection;
(ii) A minor participating in an inspection
shall, if questioned, state his true age and that he is
less than eighteen (18) years of age;
(iii) The minor's appearance shall not be
altered to make him appear to be eighteen (18) years of age
or older;
(iv) Neither a minor nor his parents or
guardians shall be coerced into participating in such
inspections;
(v) The person conducting the inspection shall
photograph the participant immediately before the
inspection and any photographs taken of the participant
shall be retained by the person conducting the inspection;
(vi) Any participant in an inspection under this
section shall be granted immunity from prosecution under
W.S. 14-3-304 or 14-3-305.
(e) The person conducting an inspection under this
section shall:
(i) Remain within sight or sound of the
participant attempting to make the purchase;
(ii) Immediately inform in writing a
representative or agent of the business establishment that
an inspection has been performed and the results of the
inspection;
(iii) Within two (2) days, prepare a report of
the inspection containing:
(A) The name of the person who supervised
the inspection;
(B) The age and date of birth of the
participant who assisted in the inspection;
(C) The name and position of the person
from whom the participant attempted to purchase tobacco
products;
(D) The name and address of the
establishment inspected;
(E) The date and time of the inspection;
and
(F) The results of the inspection,
including whether the inspection resulted in the sale or
distribution of, or offering for sale, tobacco products to
the minor;
(iv) Immediately upon completion of the report
required under this subsection, provide a copy of the
report to a representative or agent of the business
establishment that was inspected;
(v) Request a law enforcement officer to issue a
citation for any illegal acts relating to providing tobacco
products to minors during the inspection.
Section 2. W.S. 14-3-301(a) by creating a new
paragraph (iii), 14-3-302(a), (b), by creating new
subsections (c), (d), (e), amending and renumbering (c) as
(f) and by creating a new subsection (g), 14-3-303(a), (c)
and by creating new subsections (d) and (e), 14-3-304(a)
and (b) and by creating new subsections (c) and (d) and
14-3-305(b) and by creating new subsections (d) and (e) are
amended to read:
14-3-301. Definitions.
(a) As used in this article:
(iii) "Retailer" means a business of any kind at
a specific location that sells tobacco products to a user
or consumer.
14-3-302. Prohibited sales or delivery.
(a) No person individual shall sell, offer for sale,
give away or deliver tobacco products to any person under
the age of eighteen (18) years.
(b) Any person individual violating subsection (a) of
this section is guilty of a misdemeanor punishable by a
fine of not more than: fifty dollars ($50.00).
(i) Fifty dollars ($50.00) for a first violation
committed within a twenty-four (24) month period. The court
may allow the defendant to perform community service and be
granted credit against his fine and court costs at the rate
of five dollars ($5.00) for each hour of work performed;
(ii) Two hundred fifty dollars ($250.00) for a
second violation committed within a twenty-four (24)month
period, regardless of the locations where the violations
occurred. The court may allow the defendant to perform
community service and be granted credit against his fine
and court costs at the rate of five dollars ($5.00) for
each hour of work performed;
(iii) Seven hundred fifty dollars ($750.00) for
a third or subsequent violation committed within a twenty-
four (24) month period, regardless of the locations where
the violations occurred. The court may allow the defendant
to perform community service and be granted credit against
his fine and court costs at the rate of five dollars
($5.00) for each hour of work performed.
(c) No retailer shall sell, permit the sale, offer
for sale, give away or deliver tobacco products to any
person under the age of eighteen (18) years.
(d) Any person violating subsection (c) of this
section is guilty of a misdemeanor punishable by a fine of
not more than:
(i) Fifty dollars ($50.00) for a first violation
committed within a twenty-four (24) month period;
(ii) Two hundred fifty dollars ($250.00) for a
second violation committed within a twenty-four (24) month
period;
(iii) Seven hundred fifty dollars ($750.00) for
a third or subsequent violation committed within a twenty-
four (24) month period.
(e) In addition to the penalties under paragraph
(d)(iii) of this section, any person violating subsection
(c) of this section for a third or subsequent time within a
two (2) year period may be subject to an injunction. The
department of revenue or the district attorney of the
county in which the offense occurred, may petition the
district court for an injunction to prohibit the sale of
tobacco in the establishment where the violation occurred.
If the court finds that the respondent in the action has
violated the provisions of subsection (c) of this section
for a third or subsequent time within a two (2) year period
and may continue to violate such provisions, it may grant
an injunction prohibiting the respondent from selling
tobacco products in the establishment where the violation
occurred for a period of not more than one hundred eighty
(180) days. For the purposes of this subsection, multiple
violations occurring before the petition for the injunction
is filed shall be deemed part of the violation for which
the injunction is sought. If the person against whom the
injunction is sought operates multiple, geographically
separate establishments, the injunction shall apply only to
the establishment where the violation occurred. The
injunction shall prohibit all sales of tobacco products in
the establishment where the violation occurred, regardless
of any change in ownership or management of the
establishment that is not a bona fide, arms length
transaction while the injunction is in effect.
(c)(f) It is an affirmative defense to a prosecution
under subsection subsections (a) and (c) of this section
that,:(i) in the case of a sale, the person who sold the
tobacco product was presented with, and reasonably relied
upon, an identification card which identified the person
buying or receiving the tobacco product as being over
eighteen (18) years of age.; or
(ii) The tobacco product was given or delivered
to the person under eighteen (18) years of age by his
parent or guardian and the tobacco product was given or
delivered to the person for use in the privacy of his
parent's or guardian's home or under the direct supervision
of the parent or guardian.
(g) Notwithstanding the provisions of subsection (d)
of this section, no fine for a violation of subsection (c)
of this section shall be imposed for a first offense in a
twenty-four (24) month period if the retailer can show it
had:
(i) Adopted and enforced a written policy
against selling tobacco products to persons under the age
of eighteen (18) years;
(ii) Informed its employees of the applicable
laws regarding the sale of tobacco products to persons
under the age of eighteen (18) years;
(iii) Required employees to verify the age of
tobacco product customers by way of photographic
identification or by means of electronic transaction scan
device; and
(iv) Established and imposed disciplinary
sanctions for noncompliance.
14-3-303. Posted notice required; location of vending
machines.
(a) Any person who sells tobacco products shall post
signs informing the public of the age restrictions provided
by this article at or near every display of tobacco
products and on or upon every vending machine which offers
tobacco products for sale. Each sign shall be plainly
visible and shall contain a statement communicating that
the sale of tobacco products to persons under eighteen (18)
years of age is prohibited by law. Effective January 1,
2001, any person who owns, operates or manages a business
where tobacco products are offered for sale at retail and
at which persons under the age of eighteen (18) are allowed
admission with or without an adult, shall maintain all
tobacco products within the line of sight of a cashier or
other employee or under the control of the cashier or other
employee. For purposes of this subsection:
(i) "Within the line of sight" means visible to
a cashier or other employee while at the sales counter; and
(ii) "Under control" means protected by
security, surveillance or detection methods.
(c) Any person violating subsection (a) or (b) of
this section is guilty of a misdemeanor punishable by a
fine of not more than: fifty dollars ($50.00). Each day of
continued violation shall be deemed a separate offense.
(i) Fifty dollars ($50.00) for a first violation
committed within a twenty-four (24) month period;
(ii) Two hundred fifty dollars ($250.00) for a
second violation committed within a twenty-four (24) month
period;
(iii) Seven hundred fifty dollars ($750.00) for
a third or subsequent violation committed within a twenty-
four (24) month period.
(d) For purposes of subsection (c) of this section,
each day of continued violation under subsection (a) or (b)
of this section shall be deemed a separate offense.
(e) In addition to the penalties under paragraph
(c)(iii) of this section, any person violating subsection
(a) or (b) of this section for a third or subsequent time
within a two (2) year period may be subject to an
injunction. The department or the district attorney of the
county in which the offense occurred, may petition the
district court for an injunction to prohibit the sale of
tobacco from the vending machines or the establishment
where the violation occurred. If the court finds that the
respondent in the action has violated the provisions of
subsection (a) or (b) of this section for a third or
subsequent time within a two (2) year period and may
continue to violate such provisions, it may grant an
injunction prohibiting the respondent from selling tobacco
products from vending machines or from the establishment
where the violation occurred for a period of not more than
one hundred eighty (180) days. For the purposes of this
subsection, multiple violations occurring before the
petition for the injunction is filed shall be deemed part
of the violation for which the injunction is sought. If the
person against whom the injunction is sought operates
multiple, geographically separate establishments or vending
machines, the injunction shall apply only to the
establishment where the violation occurred and to the
vending machines resulting in the violation. The
injunction shall prohibit all sales of tobacco products
from the vending machines or the establishment involved in
the violation, regardless of any change in ownership or
management of the vending machines or the establishment
that is not a bona fide, arms length transaction while the
injunction is in effect.
14-3-304. Purchase by minors prohibited.
(a) No person under the age of eighteen (18) years
shall purchase or attempt to purchase tobacco products, or
misrepresent his identity or age, or use any false or
altered identification for the purpose of purchasing or
attempting to purchase tobacco products.
(b) Any person violating subsection (a) of this
section is guilty of a misdemeanor punishable by a fine of
not more than: twenty-five dollars ($25.00). Upon a
conviction for violation of subsection (a) of this section,
the court may allow the defendant to perform community
service and be granted credit against his fine and court
costs at the rate of five dollars ($5.00) for each hour of
work performed.
(i) Fifty dollars ($50.00) for a first violation
committed within a twenty-four (24) month period;
(ii) Two hundred fifty dollars ($250.00) for a
second violation committed within a twenty-four (24) month
period;
(iii) Seven hundred fifty dollars ($750.00) for
a third or subsequent violation committed within a twenty-
four (24) month period.
(c) In lieu of the fine under subsection (b) of this
section, the court may allow the defendant to perform
community service or attend a tobacco cessation program and
be granted credit against his fine and court costs at the
rate of five dollars ($5.00) for each hour of work
performed or each hour of tobacco cessation program
attended.
(d) After twenty-four (24) months or upon reaching
the age of majority, whichever occurs later, a criminal
conviction under this section may be expunged in accordance
with W.S. 14-6-241.
14-3-305. Possession or use by minors prohibited.
(b) Any person violating subsection (a) of this
section is guilty of a misdemeanor punishable by a fine of
not more than: twenty-five dollars ($25.00). Upon a
conviction for violation of subsection (a) of this section,
the court may allow the defendant to perform community
service and be granted credit against his fine and court
costs at the rate of five dollars ($5.00) for each hour of
work performed.
(i) Fifty dollars ($50.00) for a first violation
committed within a twenty-four (24) month period;
(ii) Two hundred fifty dollars ($250.00) for a
second violation committed within a twenty-four (24) month
period;
(iii) Seven hundred fifty dollars ($750.00) for
a third or subsequent violation committed within a twenty-
four (24) month period.
(d) In lieu of the fine under subsection (b) of this
section, the court may allow the defendant to perform
community service or attend a tobacco cessation program and
be granted credit against his fine and court costs at the
rate of five dollars ($5.00) for each hour of work
performed or each hour of tobacco cessation program
attended.
(e) After twenty-four (24) months or upon reaching
the age of majority, whichever occurs later, a criminal
conviction under this section may be expunged in accordance
with W.S. 14-6-241.
Section 3. W.S. 14-3-306 is renumbered as 14-3-308.
Section 4. W.S. 14-3-305(c) is repealed.
Section 5. For the fiscal year beginning July 1,
2000, in the event that the appropriation in the biennial
budget bill exceeds the funds available from the tobacco
settlement trust fund income account created under W.S.
9-4-1203(c), and to the extent funds are insufficient to
satisfy all the appropriations from that fund, the
appropriation for the purposes of implementing this act
shall take priority over the other such appropriations. The
department of health shall use the monies appropriated to
implement this act to provide funding and other assistance
to the department and local law enforcement agencies for
the enforcement and implementation of the provisions of
this act.
Section 6. This act is effective July 1, 2000.
(END)
Speaker of the House President of the Senate
Governor
TIME APPROVED: _________
DATE APPROVED: _________
I hereby certify that this act originated in the Senate.
Chief Clerk