HB5084 S JUD AMT #1 3-1

Graham  4841

The Committee on Judiciary moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

Eng. Com. Sub. for House Bill 5084-- A BILL to amend and reenact §16-9A-1, §16-9A-2, §16-9A-3, §16-9A-4, §16-9A-7, and §16-9A-8 of the Code of West Virginia, 1931, as amended, all relating to tobacco products; amending legislative intent; defining terms; prohibiting sale or gift of tobacco products to persons younger than 21 years of age; requiring that a valid driver's license, state identification card, or any valid and unexpired federally issued identification card be presented to verify the minimum age of 21 for the purchase or acceptance of tobacco products; setting forth fines and criminal penalties; increasing fines for selling tobacco products to persons younger than 21 years of age; removing penalties for possession of a tobacco product by a person younger than the age of 18; providing that an employee who sells a tobacco product to a person younger than 21 years of age is subject to noncriminal, nonmonetary penalties; allowing an employee who sells a tobacco product to a person younger than 21 years of age to be fired under certain circumstances; permitting persons younger than 21 years of age to be used in inspections of retail outlets where tobacco products are sold; providing a defense for a person charged with selling tobacco products to a person younger than 21 years of age; replacing the West Virginia Alcohol Beverage Control Administration with the Bureau for Behavioral Health  as an agency with authority to conduct inspections; removing the requirement for the West Virginia Alcohol Beverage Control Administration to submit a report and instead requiring the Commissioner of the Bureau for Behavioral Health to submit the report; and amending language regarding vending machines to conform to the increased age requirement.

Adopted

Rejected