It is enacted by the General Assembly as follows:

SECTION 1. Sections 11-9-13.4, 11-9-13.5, 11-9-13.6, 11-9-13.7, 11-9-13.13 and 11-9-13.16 of the General Laws in Chapter 11-9 entitled "Children" are hereby amended to read as follows:

11-9-13.4. Definitions. -- As used in section 11-9-13.1 -- 11-9-13.19:

(1) "Court" means any appropriate district court of the state of Rhode Island;

(2) "Dealer" is synonymous with the term "retail tobacco products dealer";

(3) "Department of health mental health, retardation and hospitals" means the state health department of mental health, retardation and hospitals, its employees, agents, or assigns;

(4) "Department of taxation" means the state taxation division, its employees, agents, or assigns;

(5) "License" is synonymous with the term "retail tobacco products dealer license";

(6) "License holder" is synonymous with the term "retail tobacco products dealer";

(7) "Person" means any individual person, firm, association, or corporation licensed as a retail dealer to sell tobacco products within this state;

(8) "Retail tobacco products dealer" means the holder of a license to sell tobacco products at retail;

(9) "Retail tobacco products dealer license" means a license to sell tobacco products at retail as issued by the department of taxation;

(10) "Spitting tobacco" also means snuff, powdered tobacco, chewing tobacco, dipping tobacco, pouch tobacco, or smokeless tobacco;

(11) "Tobacco product(s)" means any product containing tobacco which can be used for, but whose use is not limited to, smoking, sniffing, chewing, or spitting of the product; and

(12) "Underage individual" or "underage individuals" means any child under the age of eighteen (18) years of age.

11-9-13.5. Responsibility for tobacco or health issues. -- The department of health mental health, retardation and hospitals, under a responsibility to protect the public health, shall develop, monitor, and aggressively enforce health rules and regulations pertaining to stopping the illegal sale of tobacco products to children.

11-9-13.6. Duties of the department of health Duties of the department of mental health, retardation and hospitals. -- The department of health mental health, retardation and hospitals shall:

(1) Coordinate and promote the enforcement of the provisions of sections 11-9-13.1 -- 11-9-13.19 and serve as the primary liaison from this department to other state or local agencies, departments, or divisions on issues pertaining to stopping children's access to tobacco;

(2) Provide retail tobacco products dealers with signs concerning the prohibition of sales to children under eighteen (18) years of age. These signs shall conform to the requirements of sections 11-9-13.1 -- 11-9-13.19 and shall be sold at cost. These signs, or exact duplicates of them made privately, shall be displayed in all locations where tobacco products are sold;

(3) Investigate concurrently with other state and local officials violations of sections 11-9-13.1 -- 11-9-13.19;

(4) (i) Utilize unannounced statewide compliance checks of tobacco product sales including retail tobacco over-the-counter sales, mail order sales initiated via mail, facsimile, telephone, or internet ordering or other types of electronic communications, and tobacco vending machine sales as part of investigating compliance with the provisions of this chapter;

(ii) Underage individuals, acting as agents for the department of health mental health, retardation and hospitals and with the written permission of a parent or guardian, may purchase, with impunity from prosecution, tobacco products for the purposes of law enforcement or government research involving monitoring compliance with sections 11-9-13.1 -- 11-9-13.19, provided that the underage individuals are supervised by an adult law enforcement official. Any individual participating in an unannounced compliance check of over-the-counter or vending machine sales must state his or her accurate age if asked by the sales representative of the retail establishment being checked;

(iii) In fulfilling the requirement of unannounced statewide compliance checks, the department of health mental health, retardation and hospitals shall maintain complete records of the unannounced compliance checks, detailing, at least, the date of the compliance check, the name and address of the retail establishment or mail order company checked, the results of the compliance check (sale/no sale), whether the sale was made as an over-the-counter sale, a mail order purchase or a tobacco vending machine sale, and if a citation was issued for any violation found. These records are subject to public disclosure. The department of health mental health, retardation and hospitals shall report to the owner of each retail establishment or mail order company checked the results of any compliance check (saleo sale), whether the sale was made as an over-the-counter sale, a mail order purchase, or a tobacco vending machine sale, and if a citation was issued for any violation found;

(5) Seek enforcement, concurrently with other state and local officials, of the penalties as detailed in sections 11-9-13.1 -- 11-9-13.19; and

(6) Develop and disseminate community health education information and materials relating to sections 11-9-13.1 -- 11-9-13.19.

11-9-13.7. Signs concerning sales to individuals under age eighteen (18). -- Signs provided by the department of health mental health, retardation and hospitals, or an exact duplicate of them made privately, shall:

(1) Contain in red bold lettering a minimum of three-eighths (3/8") inch high on a white background the following wording:

THE SALE OF CIGARETTES

AND OTHER TOBACCO PRODUCTS

TO PERSONS UNDER THE AGE OF 18

IS AGAINST RHODE ISLAND LAW

(Section 11-9-13.8(1), Rhode Island Statutes)

PHOTO ID FOR PROOF OF AGE IS

REQUIRED FOR PURCHASE.

(2) Contain the phone number of the department of health mental health, retardation and hospitals where violations of this act can be reported, and any other information required by the department of health mental health, retardation and hospitals; and (3) Be displayed prominently for public view at each cash register, each tobacco vending machine, or any other place from which tobacco products are sold.

11-9-13.13. Nature and size of penalties. -- (a) Any person or individual who violates a requirement of section 11-9-13.6(2) is subject to a fine of not less than thirty-five dollars ($35.00) nor more than five hundred dollars ($500) per civil violation.

(b) The license holder is responsible for all violations of this section that occur at the location for which the license is issued. Any license holder that violates the prohibition of section 11-9-13.8(1) and/or (2) is subject to civil fines as follows:

(1) A fine of two hundred fifty dollars ($250) for the first violation;

(2) A fine of five hundred dollars ($500) for the second violation;

(3) A fine of one thousand dollars ($1,000) and a fourteen (14) day suspension of the license to sell tobacco products for the third violation; and

(4) A fine of one thousand five hundred dollars ($1,500) and a ninety (90) day suspension of the license to sell tobacco products for each violation in excess of three (3).

(c) Any person who violates a prohibition of section 11-9-13.8(2) or (3) is subject to a penalty of five hundred dollars ($500) for each violation.

(d) The department of taxation shall not issue a license to any individual, business, firm, association, or corporation the license of which has been revoked or suspended, to any corporation an officer of which has had his or her license revoked or suspended, or to any individual who is or has been an officer of a corporation the license of which has been revoked or suspended so long as those revocations or suspensions are in effect.

(e) The court may suspend the imposition of a license suspension of the license secured from the Rhode Island tax administrator for violation of subdivisions (b)(3) and (b)(4) of this section if the court finds that the license holder has taken measures to prevent the sale of tobacco to minors and the license holder can demonstrate to the court that those measures have been taken and that employees have received training. The measures to prevent the sale of tobacco to minors shall be defined by the department of health mental health, retardation and hospitals in rules and regulations.

11-9-13.16. Rules and regulations. -- The department of health mental health, retardation and hospitals shall promulgate any rules and regulations necessary to fulfill the intent of sections 11-9-13.1 -- 11-9-13.19.

SECTION 2. This act shall take effect upon passage.