Senate Bill No. 168
(By Senators Anderson, Minard, Mitchell and Ross)
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[Introduced January 11, 2002; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact section three, article nine-a,
chapter sixteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to use or
possession of tobacco or tobacco products by persons under
the age of eighteen years; and providing for delay in
eligibility for driver's license for violating minors.
Be it enacted by the Legislature of West Virginia:
That section three, article nine-a, chapter sixteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.
§16-9A-3. Use or possession of tobacco or tobacco products by
persons under the age of eighteen years; penalty;
delayed eligibility for driver's license.
(a) No person under the age of eighteen years shall have on
or about his or her person or premises or use any cigarette, or
cigarette paper
or any other paper prepared, manufactured or
made for the purpose of smoking any tobacco products, in any
form; or, any pipe, snuff, chewing tobacco or tobacco product:
Provided, That minors participating in the inspection of
locations where tobacco products are sold or distributed
pursuant to section seven of this article shall not be
deemed
considered to violate the provisions of this section. Any
person violating the provisions of this section shall for the
first violation be fined twenty-five dollars and be required to
serve eight hours of community service; for a second violation,
the person shall be fined fifty dollars and be required to serve
sixteen hours of community service; and for a third and each
subsequent violation, the person shall be fined one hundred
dollars and be required to serve twenty-four hours of community
service.
Notwithstanding the provisions of section two, article
five, chapter forty-nine, the magistrate court shall have
concurrent jurisdiction.
(b) A minor who is found by a court to have violated the
provisions of subsection (a) of this section after having
reached the age of ten years, and who has not at the time of the
violation obtained a West Virginia driver's instruction permit or driver's license, in addition to any other penalty imposed,
upon application for a permit or license to the division of
motor vehicles, is ineligible for issuance of either the permit
or license for a period of six months following the application:
Provided, That each violation may not result in more than one
six-month period of ineligibility. Upon a finding that the
minor has violated subsection (a) of this section after reaching
the age of ten years, the court shall send to the division of
motor vehicles a copy of the finding with the minor's name and
social security number. The commissioner of motor vehicles
shall delay issuance of a permit or license as provided herein.
NOTE: The purpose of this bill is to impose a six-month
delay in eligibility for a driver's instruction permit or
driver's license on those minors found to have violated the
statute prohibiting use or possession of tobacco or tobacco
products after reaching the age of ten years.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that
would be added.
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