Senate Bill No. 156
(By Senators Bailey and Mitchell)
____________
[Introduced January 20, 2000; referred to the Committee
on the Judiciary.]
____________
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 the prohibition
against minors using tobacco; providing that violators pay
fines and perform community service; providing for enhanced
penalties for repeat offenders; and providing that funds
obtained from the payment of fines are deposited in the
children's health fund.
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.
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 and chapter shall not be deemed to violate the
provisions of this section: Provided, however, That any person
violating the provisions of this section for the first time shall
pay a fine of twenty-five dollars and shall, additionally, be
required to serve is punishable by eight hours of community
service. For a second violation of this section the person shall
pay a fine of fifty dollars and shall, additionally, be required to
serve sixteen hours of community service. For a third violation of
this section the person shall pay a fine of one hundred dollars and
shall, additionally, be required to serve twenty-four hours of
community service. Moneys collected under the provisions of this section shall be deposited in the West Virginia childrens' health
fund as provided for under section seven, article sixteen-b,
chapter five of this code: Provided further, That notwithstanding
the provisions of section two, article five, chapter forty-nine,
the magistrate court shall have concurrent jurisdiction.
NOTE: The purpose of this bill is to increase fines and
requirements of community service for minors who possess tobacco
products. The bill provides for increased fines and hours of
community service for second and third offense violations. Funds
from fines collected would be deposited in the childrens' health
fund under W. Va. Code §5-16B-7.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.