H. B. 3075
(By Delegates Kominar, Schadler, Ashley,
Eldridge, Stalnaker, Stemple,
Argento, Pethtel and Perdue)
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §16-9A-2 and §16-9A-3 of the Code of
West Virginia, 1931, as amended; and to amend said code by
adding thereto two new sections, designated §16-9A-10 and
§16-9A-11, all relating to restricting minor children's
physical access to tobacco products; restricting purchases by
persons on behalf of minor children; prohibiting minor
children's use of false identification; requiring posting of
certain notices to discourage attempted purchases by minor
children; and prohibiting out of package sales of cigarettes;
and providing penalties.
Be it enacted by the Legislature of West Virginia:
That §16-9A-2 and §16-9A-3 of the Code of West Virginia, 1931,
as amended, be amended and reenacted; and that said code be amended
by adding thereto two new sections, designated §16-9A-10 and
§16-9A-11, all to read as follows:
ARTICLE 9A. TOBACCO AND RESTRICTIONS.
§16-9A-2. Sale or gift of cigarette, cigarette paper, pipe, cigar,
snuff, or chewing tobacco to
, or purchase on behalf
of
,
persons under eighteen; penalties for first and
subsequent offense.
(a) No person, firm, corporation or business entity may sell,
give or furnish
to,
or cause to be sold, given or furnished
to,
or
purchase or cause to be purchased on behalf of,
any person under
the age of eighteen years:
(1) Any pipe, cigarette paper or any other paper prepared,
manufactured or made for the purpose of smoking any tobacco or
tobacco product; or
(2) Any cigar, cigarette, snuff, chewing tobacco or tobacco
product, in any form.
(b) Any firm or corporation that violates any of the
provisions of subdivision (1) or (2), subsection (a) of this
section and any individual who violates any of the provisions of
subdivision (1), subsection (a) of this section is guilty of a
misdemeanor and, upon conviction thereof, shall be fined
twenty-five dollars for the first offense. Upon any subsequent
violation at the same location or operating unit, the firm,
corporation or individual shall be fined as follows: At least one
hundred dollars but not more than two hundred dollars for the
second offense, if it occurs within two years of the first
conviction; at least two hundred fifty dollars but not more than five hundred dollars for the third offense, if it occurs within two
years of the first conviction; at least two hundred fifty dollars
but not more than five hundred dollars for the fourth offense, if
it occurs within five years of the first conviction; and at least
one thousand dollars but not more than five thousand dollars for
the fifth and any subsequent offenses, if the fifth or subsequent
offense occurs within five years of the first conviction.
(c) Any individual who knowingly and intentionally sells,
gives or furnishes or causes to be sold, given or furnished to any
person under the age of eighteen years any cigar, cigarette, snuff,
chewing tobacco or tobacco product, in any form, is guilty of a
misdemeanor and, upon conviction thereof, for the first offense
shall be fined not more than one hundred dollars; upon conviction
thereof for a second or subsequent offense, is guilty of a
misdemeanor and shall be fined not less than one hundred nor more
than five hundred dollars.
§16-9A-3.
Use
or possession of tobacco or tobacco products
or use
of false identification
by
persons under the age of
eighteen years; penalties.
(a)
No person under the age of eighteen years shall
may h
ave
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 to violate the provisions of
this section.
(b) No person under the age of eighteen years may present or
offer to another individual a driver's license or an identification
card issued by this state or another state of the United States, a
passport or a United States armed services identification card
which is false, fraudulent or not actually his or her own proof of
age for the purpose of attempting to purchase, possess, 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.
(c) 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 has
concurrent jurisdiction.
§16-9A-10. Posted notice concerning sale to minors; penalties.
(a)
Any
person or business entity
that sells, offers for sale
or distributes
any cigarette or other tobacco product shall
conspicuously display at each place of business and vending machine
where such products are sold a sign in boldface
letters at least
one
inch
in height
and containing the following statement:
"SALE
OF CIGARETTES OR OTHER TOBACCO PRODUCTS TO MINORS IS PROHIBITED BY
LAW. PROOF OF AGE REQUIRED FOR PURCHASE."
(b)
Any person or business entity violating the provisions of
this section is guilty of a misdemeanor and upon conviction
thereof, shall be fined not more than two hundred fifty dollars;
and upon a second or subsequent conviction thereof at the same
location or operating unit, shall be fined not less than five
hundred nor more than one thousand dollars for each offense.
§16-9A-11. Out of package sales prohibited; penalties
.
(a) No person or business entity may sell, offer for sale or
distribute any
cigarette
that is not contained within a sealed
carton, pack or package as provided by the manufacturer, which
carton, pack or package bears the health warning that is required
by federal law.
(b) Any person or business entity violating the provisions of
this section is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not more than two hundred fifty dollars;
and upon a second or subsequent conviction thereof at the same location or operating unit, shall be fined not less than five
hundred nor more than one thousand dollars for each offense.
NOTE
: The purpose of this bill is to impose additional
restrictions designed to prohibit minor children from having
physical access to tobacco products by prohibiting purchases on
behalf of minors, prohibiting use of false identification
documents, requiring posting of notices directed to minors, and
prohibiting out of package sales
of cigarettes
. The bill imposes
misdemeanor penalties for violations.
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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