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OCR Page 1 of 65PAGE
38
S. 1530 NOVEMBER 21, 1997
-- VERSION: 1
VALID, OR
'(B) HAD COMPLIED WITH THE REQUIREMENTS OF SECTION 7. OR
(2) THE INDIVIDUAL TO WHOM THE TOBACCO PRODUCT WAS DISTRIBUTED WAS
AT THE TIME OF THE DISTRIBUTION EMPLOYED IN VIOLATION OF SECTION
8(B).
(D) ENFORCEMENT -A PERSON WHO VIOLATES SUBSECTION (A) SHALL NOT BE
LIABLE FOR A CIVIL MONEY PENALTY UNLESS THE INDIVIDUAL WHO RECEIVED THE
TOBACCO PRODUCT IS PROCEEDED AGAINST UNDER SECTION 2(A), EXCEPT THAT SUCH
A PERSON SHALL BE LIABLE FOR SUCH PENALTY IF SUCH INDIVIDUAL WAS NOT
PROCEEDED AGAINST BECAUSE SUCH INDIVIDUAL WAS TESTING COMPLIANCE WITH
THIS ACT UNDER SECTION 8(B).
"SEC. 2. PURCHASE, RECEIPT, OR POSSESSION BY MINORS PROHIBITED.
"(a) IN GENERAL. -AN INDIVIDUAL UNDER 18 YEARS OF AGE SHALL NOT PURCHASE
OR ATTEMPT TO PURCHASE, RECEIVE OR ATTEMPT TO RECEIVE, POSSESS OR ATTEMPT
TO POSSESS, SMOKE OR ATTEMPT TO SMOKE, OR OTHERWISE USE OR CONSUME OR
ATTEMPT TO USE OR CONSUME A TOBACCO PRODUCT IN A PUBLIC PLACE. AN
INDIVIDUAL WHO VIOLATES THIS SUBSECTION IS LIABLE FOR A CIVIL MONEY
PENALTY OF NOT LESS THAN $25 AND NOT MORE THAN $150 FOR EACH VIOLATION
AND SHALL BE SUBJECT TO SUSPENSION OF THE INDIVIDUAL'S AUTHORIZATION TO
OPERATE A MOTOR VEHICLE. UPON THE SECOND OR SUBSEQUENT VIOLATION OF THIS
SUBSECTION, THE AUTHORIZATION OF SUCH INDIVIDUAL TO OPERATE A MOTOR
VEHICLE SHALL BE SUSPENDED FOR A PERIOD OF NOT LESS THAN 30 DAYS AND SUCH
INDIVIDUAL SHALL BE REQUIRED TO PERFORM COMMUNITY SERVICE.
"(B) NOTICE. LAW ENFORCEMENT AGENCY, UPON DETERMINING THAT AN
INDIVIDUAL UNDER 18 YEARS OF AGE ALLEGEDLY PURCHASED, RECEIVED,
POSSESSED, SMOKED, OR OTHERWISE USED OR ATTEMPTED TO PURCHASE, RECEIVE,
POSSESS, SMOKE, OR OTHERWISE USE, A TOBACCO PRODUCT IN VIOLATION OF
SUBSECTION (A) SHALL NOTIFY THE INDIVIDUAL'S PARENT OR PARENTS,
CUSTODIAN, OR GUARDIAN AS TO THE NATURE OF THE VIOLATION IF THE NAME AND
ADDRESS OF A PARENT, GUARDIAN, OR CUSTODIAN IS REASONABLY ASCERTAINABLE
BY THE LAW ENFORCEMENT AGENCY. THE NOTICE REQUIRED BY THIS SUBSECTION
SHALL BE MADE NOT LATER THAN 48 HOURS AFTER THE INDIVIDUAL WHO ALLEGEDLY
VIOLATED SUBSECTION (A) IS CITED BY SUCH AGENCY FOR THE VIOLATION. THE
NOTICE MAY BE MADE BY ANY MEANS REASONABLY CALCULATED TO GIVE PROMPT
ACTUAL NOTICE, INCLUDING NOTICE IN PERSON, BY TELEPHONE, OR BY
FIRST-CLASS MAIL.
"(c) EMPLOYMENT.-SUBSECTION (A) DOES NOT PROHIBIT AN INDIVIDUAL UNDER
THE AGE OF 18 FROM POSSESSING A TOBACCO PRODUCT DURING REGULAR WORKING
HOURS AND IN THE COURSE OF SUCH INDIVIDUAL'S EMPLOYMENT IF THE TOBACCO
PRODUCT IS NOT POSSESSED FOR SUCH INDIVIDUAL'S CONSUMPTION.
"SEC. 3. SIGNAGE.
"It shall be unlawful for any person who sells tobacco products
over-the-counter to fail to post conspicuously a sign communicating that-
"(1) the sale of tobacco products to individuals under the age of
18 is prohibited by law,
(2) the purchase of tobacco products by individuals under the age
of 18 is prohibited by law, and
"(3) proof of age may be demanded.
A person who fails to post a sign in violation of this section is liable
for a civil money penalty of $250 for each violation.
"SEC. 4. SAMPLING.
"It shall be unlawful for any person to distribute tobacco product
samples in any face-to-face transaction without first procuring, from any
prospective purchaser or recipient who appears to be under the age of 18,
proof of age establishing that such prospective purchaser or recipient is
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