Second Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 14-0866.01 Kristen Forrestal x4217HOUSE BILL 14-1263 HOUSE SPONSORSHIP McCann and Gerou, Court SENATE SPONSORSHIP Kefalas and King, House Committees Senate Committees Health, Insurance, & Environment Appropriations A BILL FOR AN ACT Concerning the prohibition of tobacco transactions for persons under twenty-one years of age. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill prohibits anyone from giving, selling, distributing, or offering for sale cigarettes or tobacco products to anyone who is under 21 years of age. The bill prohibits anyone who is under 21 years of age from purchasing or possessing cigarettes or tobacco products. The bill makes an exception for anyone who was born on or before June 30, 1996. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, amend 18-13-121 (1) (a), (1) (b), (1) (d), (2), and (3) as follows: 18-13-121. Furnishing cigarettes or tobacco products to minors. (1) (a) A person shall not give, sell, distribute, or offer for sale to any person who is under eighteen twenty-one years of age any cigarettes or tobacco products; except that a person may give, sell, distribute, or offer for sale cigarettes or tobacco products to a person who was born on or before June 30, 1996. (b) Before selling to any individual any cigarette or tobacco product, a person shall request from the individual and examine a government-issued photographic identification that establishes that the individual is eighteen years of age or older twenty-one years of age or older or born on or before June 30, 1996; except that, in face-to-face transactions, this requirement shall be waived if the individual appears older than thirty years of age. (d) It shall be is an affirmative defense to a prosecution under paragraph (a) of this subsection (1) that the person furnishing the cigarette or tobacco product was presented with and reasonably relied upon a document that identified the individual receiving the cigarette or tobacco product as being eighteen years of age or older twenty-one years of age or older or born on or before June 30, 1996. (2) (a) Any person who is under eighteen twenty-one years of age, and unless the person was born on or before June 30, 1996, who purchases or attempts to purchase any cigarettes or tobacco products commits a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of one hundred dollars; except that, following a conviction or adjudication for a first offense under this subsection (2), the court in lieu of the fine may sentence the person to participate in a tobacco education program. The court may allow a person convicted under this subsection (2) to perform community service and be granted credit against the fine and court costs at the rate of five dollars for each hour of work performed for up to fifty percent of the fine and court costs. (b) It shall is not be an offense under paragraph (a) of this subsection (2) if the person under eighteen years of age was acting at the direction of an employee of a governmental agency authorized to enforce or ensure compliance with laws relating to the prohibition of the sale of cigarettes and tobacco products to minors persons under twenty-one years of age. (3) Nothing in this section shall be construed to prohibit any prohibits a statutory or home-rule municipality from enacting an ordinance that prohibits a person under eighteen twenty-one years of age from purchasing any cigarettes or tobacco products or imposes requirements more stringent than provided in this section. SECTION 2. In Colorado Revised Statutes, 24-35-502, amend (4) as follows: 24-35-502. Definitions. As used in this part 5, unless the context otherwise requires: (4) "Minor" means a person under eighteen twenty-one years of age. SECTION 3. In Colorado Revised Statutes, 24-35-503, amend (1) and (3) as follows: 24-35-503. Sale of cigarettes or tobacco products to minors or in vending machines prohibited - warning sign - small quantity sales prohibited. (1) (a) No A retailer shall not sell or permit the sale of cigarettes or tobacco products to a minor; except that it shall is not be a violation if the retailer establishes that the person selling the cigarette or tobacco product was presented with and reasonably relied upon a photographic identification that identified the person purchasing the cigarette or tobacco product as being eighteen twenty-one years of age or older. (b) This subsection (1) does not apply to a minor who was born on or before June 30, 1996. (3) Any person who sells or offers to sell any cigarettes or tobacco products shall display a warning sign, as specified in this subsection (3). The warning sign shall be displayed in a prominent place in the building and on any vending or coin-operated machine at all times, shall have a minimum height of three inches and a width of six inches, and shall read as follows: WARNING IT IS ILLEGAL FOR ANY PERSON UNDER EIGHTEEN TWENTY-ONE YEARS OF AGE TO PURCHASE CIGARETTES AND TOBACCO PRODUCTS UNLESS THE PERSON WAS BORN ON OR BEFORE JUNE 30, 1996, AND, UPON CONVICTION, A $100.00 FINE MAY BE IMPOSED. SECTION 4. In Colorado Revised Statutes, 24-35-504, amend (4) as follows: 24-35-504. Enforcement authority - designation of agency - coordination - sharing of information. (4) In order to enforce laws relating to the prohibition of the sale of cigarettes and tobacco products to persons under eighteen twenty-one years of age the department of revenue is authorized to share information on the identification and address of retailers that sell cigarettes and tobacco products with any state agency responsible for the enforcement of laws relating to the prohibition of the sale of cigarettes and tobacco products to minors. SECTION 5. In Colorado Revised Statutes, 24-35-506, amend (2) introductory portion, (2) (a), and (2) (b) as follows: 24-35-506. Limitation on fines. (2) Notwithstanding the provisions of subsection (1) of this section, no fine for a violation of section 24-35-503 (1) shall be imposed upon a retailer that can establish an affirmative defense to the satisfaction of the division or the hearing officer that, prior to the date of the violation, it: (a) Had adopted and enforced a written policy against selling cigarettes or tobacco products to persons under the age of eighteen twenty-one years of age unless those persons were born on or before June 30, 1996; (b) Had informed its employees of the applicable laws regarding the sale of cigarettes and tobacco products to persons under the age of eighteen twenty-one years of age unless those persons were born on or before June 30, 1996; SECTION 6. In Colorado Revised Statutes, 25-14-301, amend (1), (2), and (4) as follows: 25-14-301. Possession of cigarettes or tobacco products by a minor prohibited - definitions. (1) This section shall be known and may be cited as the "Teen "Tobacco Use Prevention Act". (2) (a) Possession of a cigarette or tobacco product by a person who is under eighteen twenty-one years of age is prohibited unless the person was born on or before June 30, 1996. (b) It shall is not be an offense under paragraph (a) of this subsection (2) if the person under eighteen years of age was acting at the direction of an employee of a governmental agency authorized to enforce or ensure compliance with laws relating to the prohibition of the sale of cigarettes and tobacco products to minors. (4) Nothing in this section shall be construed to prohibit any prohibits a statutory or home rule municipality from enacting an ordinance that prohibits the possession of cigarettes or tobacco products by a person who is under eighteen twenty-one years of age or imposes requirements more stringent than provided in this section. SECTION 7. Effective date. This act takes effect July 1, 2014. SECTION 8. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.