HB 1131-10_ Filed 01/25/2010, 10:50 Thompson


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1131 be amended to read as follows:

SOURCE: Page 3, line 41; (10)MO113112.3. -->     Page 3, between lines 41 and 42, begin a new paragraph and insert:
SOURCE: IC 35-46-1-10; (10)MO113112.6. -->     "SECTION 6. IC 35-46-1-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 10. (a) A person who knowingly:
        (1) sells or distributes tobacco to a person less than eighteen (18) nineteen (19) years of age; or
        (2) purchases tobacco for delivery to another person who is less than eighteen (18) nineteen (19) years of age;
commits a Class C infraction. For a sale to take place under this section, the buyer must pay the seller for the tobacco product.
    (b) It is not a defense that the person to whom the tobacco was sold or distributed did not smoke, chew, or otherwise consume the tobacco.
    (c) The following defenses are available to a person accused of selling or distributing tobacco to a person who is less than eighteen (18) nineteen (19) years of age:
        (1) The buyer or recipient produced a driver's license bearing the purchaser's or recipient's photograph, showing that the purchaser or recipient was of legal age to make the purchase.
        (2) The buyer or recipient produced a photographic identification card issued under IC 9-24-16-1, or a similar card issued under the laws of another state or the federal government, showing that the purchaser or recipient was of legal age to make the purchase.
        (3) The appearance of the purchaser or recipient was such that an

ordinary prudent person would believe that the purchaser or recipient was not less than the age that complies with regulations promulgated by the federal Food and Drug Administration.
    (d) It is a defense that the accused person sold or delivered the tobacco to a person who acted in the ordinary course of employment or a business concerning tobacco:
        (1) agriculture;
        (2) processing;
        (3) transporting;
        (4) wholesaling; or
        (5) retailing.
    (e) As used in this section, "distribute" means to give tobacco to another person as a means of promoting, advertising, or marketing the tobacco to the general public.
    (f) Unless a person buys or receives tobacco under the direction of a law enforcement officer as part of an enforcement action, a person who sells or distributes tobacco is not liable for a violation of this section unless the person less than eighteen (18) nineteen (19) years of age who bought or received the tobacco is issued a citation or summons under section 10.5 of this chapter.
    (g) Notwithstanding IC 34-28-5-4(c), civil penalties collected under this section must be deposited in the Richard D. Doyle youth tobacco education and enforcement fund (IC 7.1-6-2-6).

SOURCE: IC 35-46-1-10.2; (10)MO113112.7. -->     SECTION 7. IC 35-46-1-10.2, AS AMENDED BY P.L.94-2008, SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 10.2. (a) A retail establishment that sells or distributes tobacco to a person less than eighteen (18) nineteen (19) years of age commits a Class C infraction. For a sale to take place under this section, the buyer must pay the retail establishment for the tobacco product. Notwithstanding IC 34-28-5-4(c), a civil judgment for an infraction committed under this section must be imposed as follows:
        (1) If the retail establishment at that specific business location has not been issued a citation or summons for a violation of this section in the previous one hundred eighty (180) days, a civil penalty of up to two hundred dollars ($200).
        (2) If the retail establishment at that specific business location has had one (1) citation or summons issued for a violation of this section in the previous one hundred eighty (180) days, a civil penalty of up to four hundred dollars ($400).
        (3) If the retail establishment at that specific business location has had two (2) citations or summonses issued for a violation of this section in the previous one hundred eighty (180) days, a civil penalty of up to seven hundred dollars ($700).
        (4) If the retail establishment at that specific business location has had three (3) or more citations or summonses issued for a violation of this section in the previous one hundred eighty (180)

days, a civil penalty of up to one thousand dollars ($1,000).
A retail establishment may not be issued a citation or summons for a violation of this section more than once every twenty-four (24) hours for each specific business location.
    (b) It is not a defense that the person to whom the tobacco was sold or distributed did not smoke, chew, or otherwise consume the tobacco.
    (c) The following defenses are available to a retail establishment accused of selling or distributing tobacco to a person who is less than eighteen (18) nineteen (19) years of age:
        (1) The buyer or recipient produced a driver's license bearing the purchaser's or recipient's photograph showing that the purchaser or recipient was of legal age to make the purchase.
        (2) The buyer or recipient produced a photographic identification card issued under IC 9-24-16-1 or a similar card issued under the laws of another state or the federal government showing that the purchaser or recipient was of legal age to make the purchase.
        (3) The appearance of the purchaser or recipient was such that an ordinary prudent person would believe that the purchaser or recipient was not less than the age that complies with regulations promulgated by the federal Food and Drug Administration.
    (d) It is a defense that the accused retail establishment sold or delivered the tobacco to a person who acted in the ordinary course of employment or a business concerning tobacco:
        (1) agriculture;
        (2) processing;
        (3) transporting;
        (4) wholesaling; or
        (5) retailing.
    (e) As used in this section, "distribute" means to give tobacco to another person as a means of promoting, advertising, or marketing the tobacco to the general public.
    (f) Unless a person buys or receives tobacco under the direction of a law enforcement officer as part of an enforcement action, a retail establishment that sells or distributes tobacco is not liable for a violation of this section unless the person less than eighteen (18) nineteen (19) years of age who bought or received the tobacco is issued a citation or summons under section 10.5 of this chapter.
    (g) Notwithstanding IC 34-28-5-5(c), civil penalties collected under this section must be deposited in the Richard D. Doyle youth tobacco education and enforcement fund (IC 7.1-6-2-6).
    (h) A person who violates subsection (a) at least six (6) times in any one hundred eighty (180) day period commits habitual illegal sale of tobacco, a Class B infraction.

SOURCE: IC 35-46-1-10.5; (10)MO113112.8. -->     SECTION 8. IC 35-46-1-10.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 10.5. (a) A person less than eighteen (18) nineteen (19) years of age who:
        (1) purchases tobacco;
        (2) accepts tobacco for personal use; or
        (3) possesses tobacco on his the person's person;
commits a Class C infraction.
    (b) It is a defense under subsection (a) that the accused person acted in the ordinary course of employment in a business concerning tobacco:
        (1) agriculture;
        (2) processing;
        (3) transporting;
        (4) wholesaling; or
        (5) retailing.
SOURCE: IC 35-46-1-11.7; (10)MO113112.9. -->     SECTION 9. IC 35-46-1-11.7, AS AMENDED BY P.L.94-2008, SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 11.7. (a) A retail establishment that has as its primary purpose the sale of tobacco products may not allow an individual who is less than eighteen (18) nineteen (19) years of age to enter the retail establishment.
    (b) An individual who is less than eighteen (18) nineteen (19) years of age may not enter a retail establishment described in subsection (a).
    (c) A retail establishment described in subsection (a) must conspicuously post on all entrances to the retail establishment the following:
        (1) A sign in boldface type that states "NOTICE: It is unlawful for a person less than 18 19 years old to enter this store.".
        (2) A sign printed in letters and numbers at least one-half (1/2) inch high that displays a toll free phone number for assistance to callers in quitting smoking, as determined by the state department of health.
    (d) A person who violates this section commits a Class C infraction. Notwithstanding IC 34-28-5-4(c), a civil judgment for an infraction committed under this section must be imposed as follows:
        (1) If the person has not been cited for a violation of this section in the previous one hundred eighty (180) days, a civil penalty of up to two hundred dollars ($200).
        (2) If the person has had one (1) violation in the previous one hundred eighty (180) days, a civil penalty of up to four hundred dollars ($400).
        (3) If the person has had two (2) violations in the previous one hundred eighty (180) days, a civil penalty of up to seven hundred dollars ($700).
        (4) If the person has had three (3) or more violations in the previous one hundred eighty (180) days, a civil penalty of up to one thousand dollars ($1,000).
A person may not be cited more than once every twenty-four (24) hours.
    (e) Notwithstanding IC 34-28-5-5(c), civil penalties collected under

this section must be deposited in the Richard D. Doyle youth tobacco education and enforcement fund established under IC 7.1-6-2-6.
    (f) A person who violates subsection (a) at least six (6) times in any one hundred eighty (180) day period commits habitual illegal entrance by a minor, a Class B infraction.

SOURCE: IC 35-46-1-11.8; (10)MO113112.10. -->     SECTION 10. IC 35-46-1-11.8, AS ADDED BY P.L.37-2007, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 11.8. (a) As used in this section, "self-service display" means a display that contains cigarettes in an area where a customer:
        (1) is permitted; and
        (2) has access to the cigarettes without assistance from a sales person.
    (b) This section does not apply to a self-service display located in a retail establishment that:
        (1) has a primary purpose to sell cigarettes; and
        (2) prohibits entry by persons who are less than eighteen (18) nineteen (19) years of age.
    (c) The owner of a retail establishment that sells or distributes cigarettes through a self-service display, other than a coin operated machine operated under IC 35-46-1-11 or IC 35-46-1-11.5, commits a Class C infraction.
    (d) Notwithstanding IC 34-28-5-5(c), civil penalties collected under this section must be deposited in the Richard D. Doyle youth tobacco education and enforcement fund (IC 7.1-6-2-6).
SOURCE: IC 35-46-1-11.9; (10)MO113112.11. -->     SECTION 11. IC 35-46-1-11.9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 11.9. (a) Notwithstanding IC 35-46-1-10, IC 35-46-1-10.2, IC 35-46-1-10.5, IC 35-46-1-11.7, and IC 35-46-1-11.8:
        (1) a person who on July 1, 2010, is at least eighteen (18) years of age may purchase and possess tobacco products; and
        (2) a merchant or retailer may:
            (A) sell or distribute tobacco products;
            (B) allow entry into a retail establishment that has as its primary purpose the sale of tobacco products; and
            (C) allow access to a self-service cigarette display;
        to a person who on July 1, 2010, is at least eighteen (18) years of age.
    (b) This section expires July 1, 2011.
".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1131 as printed January 21, 2010.)

________________________________________

Representative Thompson


MO113112/DI 77     2010