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HB 1229 - Cigarettes, etc.; sales to minors; special agents

Coleman, Terry L (142nd)	Dixon, Harry D (168th)	Twiggs, Ralph (8th)
Epps, Carl Von (131st)

Status Summary	HC:	PubS	SC:	V&CA	FR:	01/25/00	LA:	05/01/00	Signed by Governor

First Reader Summary

A BILL to amend Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to the sale or distribution to, or possession by, minors of cigarettes and tobacco related objects, so as to provide for enforcement of such provisions by special agents or enforcement officers of the state revenue commissioner; and for other purposes.

Code Sections - 16-12-175

HB 1229                                            LC 18 9899 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 7 of Chapter 12 of Title 16 of the Official 
  1- 2  Code of Georgia Annotated, relating to the sale or 
  1- 3  distribution to, or possession by, minors of cigarettes and 
  1- 4  tobacco related objects, so as to provide for enforcement of 
  1- 5  such provisions by special agents or enforcement officers of 
  1- 6  the state revenue commissioner; to provide for powers, 
  1- 7  duties, and authority of the state revenue commissioner and 
  1- 8  such special agents or enforcement officers in connection 
  1- 9  therewith; to repeal conflicting laws; and for other 
  1-10  purposes. 
 
  1-11       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-12                           SECTION 1. 
 
  1-13  Article 7 of Chapter 12 of Title 16 of the Official Code of 
  1-14  Georgia Annotated, relating to the sale or distribution to, 
  1-15  or possession by, minors of cigarettes and tobacco related 
  1-16  objects, is amended by striking Code Section 16-12-175, 
  1-17  relating to enforcement actions, and inserting in its place 
  1-18  new Code Sections 16-12-175 and 16-12-176, to read as 
  1-19  follows: 
 
  1-20    "16-12-175. 
 
  1-21    (a) The provisions of this article, inclusive, shall be 
  1-22    enforced through actions brought in any court of competent 
  1-23    jurisdiction by the prosecuting attorney for the county in 
  1-24    which the alleged violation occurred as well as through 
  1-25    administrative citations issued by special agents or 
  1-26    enforcement officers of the state revenue commissioner. 
  1-27    Any fine collected for a violation of said provision shall 
  1-28    be paid to the clerk of the court of the jurisdiction in 
  1-29    which the violation occurred.  Upon receipt of a fine for 
  1-30    any violation of said provision, the clerk shall promptly 
  1-31    notify the Department of Public Safety state revenue 
  1-32    commissioner of the violation. 
 
  1-33    (b) The Department of Public Safety state revenue 
  1-34    commissioner, acting through the sheriffs of the several 
 
 
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  2- 1    counties and chiefs of police of the several cities 
  2- 2    special agents or enforcement officers, shall annually 
  2- 3    conduct random, unannounced inspections at locations where 
  2- 4    tobacco products are sold or distributed to ensure 
  2- 5    compliance with this article.  Persons under the age of 18 
  2- 6    years may be enlisted by such sheriffs or chiefs of 
  2- 7    police, or employees thereof, to test compliance with this 
  2- 8    article; provided, however, that such persons may be used 
  2- 9    to test compliance with said this article only if the 
  2-10    testing is conducted under the direct supervision ofsaid 
  2-11    sheriffs or chiefs of police, or employees thereof such 
  2-12    special agents or enforcement officers, and written 
  2-13    parental consent has been provided.  Any other use of 
  2-14    persons under the age of 18 years to test compliance with 
  2-15    this article or any other prohibition of like or similar 
  2-16    import shall be unlawful and the person or persons 
  2-17    responsible for such use shall be subject to the penalties 
  2-18    prescribed in this article.  The Department of Public 
  2-19    Safety state revenue commissioner shall prepare annually 
  2-20    for submission by the Governor to the secretary of the 
  2-21    United States Department of Health and Human Services the 
  2-22    report required by section 1926 of subpart I of part B of 
  2-23    Title XIX of the federal Public Health Service Act, 42 
  2-24    U.S.C. 300x-26. 
 
  2-25    16-12-176. 
 
  2-26    The state revenue commissioner shall administer and 
  2-27    enforce this article and may make reasonable rules and 
  2-28    regulations for its administration and enforcement.  The 
  2-29    state revenue commissioner may designate employees of the 
  2-30    Department of Revenue for the purpose of administering and 
  2-31    enforcing this article and may delegate to employees of 
  2-32    such department any of the duties required of the state 
  2-33    revenue commissioner pursuant to this article." 
 
  2-34                           SECTION 2. 
 
  2-35  All laws and parts of laws in conflict with this Act are 
  2-36  repealed. 
 
 
 
 
 
 
 
 
 
 
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