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Introduced Version Senate Bill 408 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 408

(By Senators Burdette, Mr. President, Wooton, Sharpe,

Chafin, Minard and Whitlow)

____________

[Introduced February 21, 1994; referred to the Committee
on the Judiciary.]

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A BILL to amend article nine-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section six, relating to enforcement of youth smoking laws by the division of public safety; random inspections to test compliance; use of persons under eighteen years by law- enforcement authorities with parental consent; and providing for annual reports on such enforcement and compliance activities.

Be it enacted by the Legislature of West Virginia:
That article nine-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section six, to read as follows:
ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.

§16-9A-6. Enforcement of youth smoking laws; random inspections; annual reports.

(a) The provisions of sections two and three of this articleshall be enforced through misdemeanor proceedings brought in any court of competent jurisdiction by the prosecuting attorney for the county in which the alleged violation occurred. Any fine collected upon a conviction of violation of either of the sections shall be paid to the clerk of the court in which the conviction was obtained. Upon receipt of a fine paid upon a conviction of violation of either of the sections, the clerk of the court shall promptly notify the superintendent of the division of public safety of the conviction and the collection of the fine.
(b) The division of public safety, acting with and through the sheriffs of the counties of this state and the chiefs of police of municipalities of this state, shall annually conduct random, unannounced inspections at locations where tobacco products are sold or distributed to ensure compliance with the provisions of sections two and three of this article. Persons under the age of eighteen years may be enlisted by such superintendent, sheriffs or chiefs of police, or employees thereof, to test compliance with the sections: Provided, That such persons may be used to test compliance with the sections only if the testing is conducted under the direct supervision of the superintendent, sheriffs or chiefs of police, or employees thereof, and written consent of the parent or guardian of such person is first obtained. Any other use of persons under the age of eighteen years to test compliance with the sections, or to test any other prohibition of like or similar import, isunlawful, and the person or persons responsible for use of such persons under the age of eighteen years is guilty of a misdemeanor, and, upon conviction thereof, shall be fined in the amounts set in section two of this article.
(c) The superintendent of the division of public safety shall prepare, and submit to the governor on the first day of May of each year, a report of the enforcement and compliance activities undertaken pursuant to this section, and the results of the same. The report shall be in form such that the governor may submit it to the secretary of the United States department of health and human services, in compliance with section one thousand nine hundred twenty-six of Subpart I, of Part B of Title XIX of the federal Public Health Service Act (42 U.S.C. 300x-26).



NOTE: The purpose of this bill is to provide for random inspection of places where tobacco products are sold, by state and local law-enforcement authorities, to enforce youth smoking laws, and to test compliance with such laws. With parental consent, persons under 18 years old may be enlisted by law- enforcement authorities to test compliance with such laws. The department of public safety is to report annually to the governor on such enforcement and compliance testing activities, and the governor is to report on such efforts to the federal Secretary of Health and Human Services, in accordance with applicable federal law.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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