SB 717 — Prohibiting sale of tobacco products to individuals younger than 21 years of age

upon conviction thereof for a second or subsequent offense, is guilty of a misdemeanor and shall be fined not less than $100 nor more than $500.

(d) Any employer who discovers that his or her employee has sold or furnished tobacco products to minors may dismiss such employee for cause.

Any such discharge shall be considered as "gross misconduct" for the purposes of determining the discharged employee's eligibility for unemployment benefits in accordance with the provisions of §21A-6-3 of this code if the employer has provided the employee with prior written notice in the workplace that such act or acts may result in their termination from employment.

Use of Persons younger than 21 for the inspection of tobacco retailers.

Provided, That minors Persons younger than the age of 21 may participate participating in the inspection of locations where tobacco products orortobacco-derived tobacco-derived products are sold or distributed CS for SB 717 pursuant to §16-9A-7 of this code.code is not considered to violate the provisions of this section.

Intr SB 2024R3552 Participation in persons younger than 21 years of age is not considered to violate the provisions of this section.

Notwithstanding the provisions of §49-4-701 of this code, the magistrate court has concurrent jurisdictionjurisdiction. §16-9A-4.

§16-9A-3.

Sale or gift of tobacco products to persons younger than 21 years of age;

penalties for first and subsequent offense;

provision of non-criminal, non-monetary penalties;

consideration of prohibited act as grounds for dismissal.

(a) A person, firm, corporation, or business entity may not sell, give, or furnish, or cause to be sold, given, or furnished, any tobacco product, in any form, to any person younger than 21 years of age.

(b) Any firm, corporation, or business entity that violates the provisions of subsection (a) of this section and any individual who violates the provisions of subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined $50 for the first offense.

Upon any subsequent violation at the same location or operating unit, the firm, corporation, or business entity or the individual shall be fined as follows:

At least $250 but not more than $500 for the second offense, if it occurs within two years of the first conviction;

at least $500 but not more than $750 for the third offense, if it occurs within two years of the first conviction;

and at least $1,000 but not more than $5,000 for any subsequent offenses, if the subsequent offense occurs within five years of the first conviction.

(c) Any person who violates subsection (a) of this section while acting as a non- management agent or employee of a retail outlet where tobacco products are sold is subject to non-criminal, non-monetary penalties, including, but not limited to, education classes, diversion CS for SB 717 programs, and community service.

The alcohol beverage control commissioner shall promulgate rules for legislative approval pursuant to §29A-3-1 et seq.

of this code, to establish standards for education classes, diversion programs, and community service.

(d) Any employer who discovers that his or her employee has sold or furnished tobacco products to any person younger than 21 years of age may dismiss the employee for cause, if the employer has provided the employee with prior written notice in the workplace that such act or acts may result in his or her termination from employment.

§16-9A-4.

Every Any person who shall smoke a cigarette or cigarettes, pipe, cigar or other implement, of any type or nature, designed, used or employed for smoking any tobacco or tobacco product;

or who shall use uses any tobacco product or tobacco-derived product in any building or part thereof used for instructional purposes, in any public school of this state, as defined in section one, article one, chapter eighteen§eighteen of this code, or on any lot or grounds actually used for instructional purposes of any such public school of this state while such the public school is used or occupied for school purposes, shall be is guilty of a misdemeanor, and, upon conviction thereof, shall be punished for each offense by a fine of not less than one nor more than five$5: dollars:

Provided, That this prohibition shall not be construed to prevent the use of any tobacco or tobacco product or tobacco-derived product, in any faculty loungelounge, or staff loungelounge, or faculty office or other area of said the public school not used for instructional purposes:

Provided, however, That students do not have access thereto:thereto to the area:

Provided further, That nothing herein contained in this section shall be construed to prevent any county board of education from promulgating rules and regulations that further restrict the use of tobacco products or tobacco-derived products, in any form, from any other part or section of any public school building under its jurisdiction.

CS for SB 717 §16-9A-7.

inspection of retail outlets where tobacco, tobacco products, vapor products or alternative Intr SB 2024R3552 nicotine products are sold;

(a) The Commissioner of the West Virginia Alcohol Beverage Control Administration the Bureau for Behavioral Health of the Department of Human Services, the Superintendent of the West Virginia State Police, the sheriffs of the counties of this statestate, and the chiefs of police of municipalities of this state, may periodically conduct unannounced inspections at locations where tobacco products or tobacco-derived products, are sold or distributed to ensure compliance with the provisions of §16-9A-2 and §16-9A-3 of this code and in such manner as to conform with applicable federal and state laws, rules and regulations.

Persons under the age of eighteen younger than 21 years of age may be enlisted by such the commissioner, superintendent, sheriffs or chiefs of police or employees or agents thereofthereof, to test compliance with these sections:

Provided, That the minors personsa person younger than 21 years of age may be used to test compliance only if the testing is conducted under the direct supervision of the commissioner, superintendent, sheriffssheriffs, or chiefs of police or employees or agents thereofthereof, and written consent of the his or her parent or guardian of such that person is first obtained and such minors those persons under the age of 21 shall are not be in violation of §16-9A-3 of this code article and chapter when acting under the direct supervision of the commissioner, superintendent, sheriffs or chiefs of police or employees or agents thereof and with the written consent of the parent or guardian.

It is unlawful for any person to use persons under the age of eighteen years younger than the age of eighteen 21 years to test compliance in any manner not set forth herein in this subsection and the person so using a minor is guilty of a misdemeanor and, upon conviction thereof, shall be fined the same amounts as set forth in §16-9A-2 §16-9A-3 of this code.

(b) A person charged with a violation of §16-9A-2 and §16-9A-3 of this codecode, as the result of an inspection under subsection (a) of this section has a complete defense if, at the time the CS for SB 717 cigarette, other tobacco product or tobacco-derived product, or cigarette wrapper, was sold, delivered, bartered, furnished, or given:

(1) The buyer or recipient falsely evidenced that he or she was eighteen 21 years of age or Intr SB 2024R3552 older;

and (3) Such The person carefully checked a driver's license or an identification card issued by this state or another state of the United States, a passportpassport, or a United States armed services identification card presented by the buyer or recipient and acted in good faith and in reliance upon the representation and appearance of the buyer or recipient in the belief that the buyer or recipient was eighteen 21 years of age or older.

(c) Any fine collected after a conviction of violating section§16-9A-2 two§16-9A-3 of this articlecode, shall be paid to the clerk of the court in which the conviction was obtained:

Provided, That the clerk of the courtcourt, upon receiving the finefine, shall promptly notify the Commissioner of the West Virginia Alcohol Beverage Control Administration of the conviction and the collection of the fine:

Provided, however, That any community service non-criminal, non-monetary penalty imposed after a conviction of violating on an employee of a retail outlet where tobacco products are sold who violated §16-9A-3 of this code shall be recorded by the clerk of the court in which the conviction was obtained:obtained violation occurred:

Provided further, That the clerk of the court upon being advised that community service non-criminal, non-monetary obligations have been fulfilledfulfilled, shall promptly notify the Commissioner of the West Virginia Alcohol Beverage Control Administration of the conviction violation and the satisfaction of imposed community service non-criminal, non- monetary penalty.

(d) The Commissioner of the West Virginia Alcohol Beverage Control Administration Commissioner of the Bureau for Behavioral Health or his or her designee shall prepare and submit to the Governor on the last day of September of each yearyear, a report of the enforcement and CS for SB 717 compliance activities undertaken pursuant to this section and the results of the same.

with a copy to the Secretary of the West Virginia Department of Health and Human Resources.Resources activities.

Selling of tobacco products, tobacco-derived products, alternative nicotine Intr SB 2024R3552 products oror, vapor products in vending machines prohibited except in certain places.

No A person or business entity may not offer for sale any cigarette or tobacco product or tobacco-derived product, in a vending machine.

The alcohol beverage control commissioner shall promulgate rules for legislative approval pursuant to §29A-3-1 et seq.

of this codecode, to establish standards for the location and control of the vending machines in Class A licensed establishments for the purpose of restricting access by minors persons younger than 21 years of age.

NOTE:

The purpose of this bill is to prohibit the sale of tobacco product to individuals younger than 21 years of age.

The bill contains penalties.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.