Cigarette certification.

WORKING DRAFT
2014
STATE OF
WYOMING
14LSO-0349

HOUSE BILL
NO.

HB0122

Cigarette certification.

Sponsored by:
Representative(s) Greear and Semlek and Senator(s) Emerich

A BILL

for

AN ACT relating to public health and safety; providing additional certification and enforcement duties to the department of revenue under the Wyoming Reduced Cigarette Ignition Propensity Act;

amending a reporting requirement;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 35
‑
9
‑
803(
a)
(intro),

(d)(intro)
,
(e)
and (f)
,
35
‑
9
‑
804(a)
(intro)
, (c) and (e), 35
‑
9
‑
806(e)
and
(
g
)
and 35
‑
9
‑
807 are amended to read:

35
‑
9
‑
803.

Requirements for sale; test method; adoption of other state's testing method, if appropriate; performance standards; exceptions.

(a)

Except as provided in this act, cigarettes may not be offered for sale or sold to persons located in this state unless the cigarettes have been tested and have met the required performance standard specified in this section, the manufacturer has filed a written certification with the
state fire marshal

department of revenue
in accordance with W.S. 35
‑
9
‑
804 and the cigarettes have been marked in accordance with W.S. 35
‑
9
‑
805. The following testing requirements shall apply:

(d)

The
state fire marshal
department of revenue
shall authorize a manufacturer to employ an alternative test method and performance standard to certify
that
a

cigarette for sale in this state if the
fire marshal

determines that:

(e)

Manufacturers shall maintain copies of reports of all tests conducted on all cigarettes offered for sale for three (3) years and shall make copies available upon written request by the
state fire marshal

department of revenue
or attorney general. Any manufacturer failing to make copies of the requested reports available within sixty (60) days of receipt of the request shall be subject to a civil penalty not to exceed ten thousand dollars
($10,000.00) for each day after the sixtieth day that the manufacturer fails to make copies available.

(f)

The
state fire marshal
and
department of revenue

shall review the effectiveness of this section and report the findings and any recommended improvements every three (3) years to the joint labor, health and social services interim committee. The report and legislative recommendations shall be submitted no later than June 30, beginning in 2011.

35
‑
9
‑
804.

Certification and product change.

(a)

Each manufacturer shall certify in writing to the
state fire marshal

department of revenue
:

(c)

The
state fire marshal

department of revenue
shall make the certifications available to the attorney general
and
d
epartment of revenue

the state fire marshal
for purposes consistent with this act.

(e)

For each cigarette listed in a certification, a manufacturer shall pay a fee of two hundred fifty dollars ($250.00) payable to the
state fire marshal

for processing,
testing, enforcement and oversight activities required by this act
department of revenue
to be deposited into the general fund.

35
‑
9
‑
806.

Penalties.

(e)

Law enforcement personnel or
an authorized representative of the state fire marshal

authorized employees of the department of revenue
may seize cigarettes for which no certification has been filed or that have not been marked in the manner required by this act. Cigarettes seized pursuant to this section shall be destroyed not less than thirty (30) days after the trademark holder in the cigarette brand has been given an opportunity to inspect the cigarettes.

(g)

Each violation of this act or of rules and regulations adopted under this act constitutes a separate civil violation for which the
state fire marshal

department of revenue
or attorney general may obtain relief. Upon obtaining judgment for injunctive relief under this section, the
state fire marshal

department of revenue
or attorney general shall provide a copy of the judgment to
all wholesale dealers and agents to which the subject cigarette has been sold.

35
‑
9
‑
807.

Inspection and enforcement.

(a)

The department of revenue may inspect cigarettes to determine if the cigarettes are marked as required by W.S. 35
‑
9
‑
805. If the cigarettes are not marked as required, the department of revenue shall
notify the state fire marshal

seize the cigarettes as provided in W.S. 35
‑
9
‑
806(
e) and notify the attorney general
.

(b)

To enforce the provisions of this act, the attorney general, the department of revenue
and
the state fire marshal,
their agent
and other law enforcement personnel are authorized to examine books, papers, invoices and other records of any person or entity possessing, controlling or occupying any premises where cigarettes are placed, held, stored, sold or offered for sale.

Section 2
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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HB0122