State bill would change nicotine purchase, possession age

WORLAND — A bill before the Wyoming Legislature this year would change state law to coincide with a federal regulation regarding the sale of tobacco products.

Earlier this year the federal government, in the spending bill, changed the age for which tobacco products could be sold from 18 to 21.

Senate File 50 would change state law to read, “No individual shall sell, offer for sale, give away or deliver nicotine products to any person under the age of 21 years.”

The file not only changes the age but changes language from tobacco to nicotine. The bill further defines “nicotine products” to include tobacco products and electronic cigarettes.

The bill increases fines for anyone selling tobacco to a minor from $50 to $250 for a first offense. Penalties also are increased for second and third offenses.

Unlike the federal regulation which only changed the age to purchase tobacco, the Wyoming proposed law would also change the age for possession of any nicotine product from 18 to 21.

Senate File 50 narrowly passed the Senate on third reading, 16-14 with Sen. Wyatt Agar (R-Thermopolis) opposed.

Agar said Tuesday that, “It is my belief that if you are mature enough to be sent to war to defend our freedoms or vote to influence the future of our nation; you are mature enough to purchase tobacco products. At some point individuals must be respected to make their own choices, but at the same time be responsible for the results of those choices.”

The bill has passed out of the House Revenue Committee on a 8-0-1 vote with one legislator excused.

It has been placed on General File awaiting a vote by the Committee of the Whole.

KINDERGARTEN

House Bill 174 that would change the start date for kindergarten from children who turn 5 before Sept. 15 to they must turn 5 before Aug. 1 has passed the House but with a few amendments.

Rep. Mike Greear (R-Worland) voted against the bill. Rep. John Winter (R-Thermopolis) and Rep. Jamie Flitner (R-Greybull) voted in favor.

Greear said, “I think that moving it back makes doesn’t hurt; however, I believe that it should be up to the local school boards to establish their own policy. I ended up voting no on the bill, as I did not see it as particularly necessary.”

The bill was amended in the House to allow for a Sept. 15 birthdate if the board of trustees in each school district establish “a process in policy to approve or deny requests made by a pupil’s parent or guardian based on the pupil’s kindergarten readiness assessment score to assess whether the pupil is sufficiently mature to be admitted to the applicable grade.”

The bill has been assigned to the Senate Education Committee.

The State House and Senate this week began in solely working the other house’s bills as the Wyoming Legislature winds down work on the 2020 budget session. Thursday bills must be reported out of committee in the second house and Friday is the last day for Committee of the Whole (first reading) on bills in the second house.

The Legislature is set to adjourn by midnight on Thursday, March 12.

Rep. John Winter (R-Thermopolis) reported on a few bills that passed the House late last week and are now being worked in the Senate.

•HB197 Abortion-48 Hour Waiting Period. Winter, who voted in favor, said under the bill “the physician is required to wait 48 hours before any abortion is performed and if not adhered to then it is a felony. The prime purpose of this legislation is to encourage the woman to consider her decision. There are many stories of women deeply regretting their decisions after the fact.”

The bill has been assigned to the Senate Labor Committee

•HB159 Monthly Payment of Ad Valorem Tax on Mineral Production

Winter said, “The counties are wanting this monthly payment as many companies are taking out bankruptcy and not making payment. This proposal will be beneficial to all involved.”

The bill has been assigned to the Senate Revenue Committee.

•HB 171 Wyoming Gaming Commission. Winter said, “Skill games are prevalent in Wyoming right now with no oversight. The real consideration on this was the opt-in / out clause so the local communities can decide if they want gaming or not.”

Under the bill, skill based amusement games are defined as “a game played in exchange for consideration of cash, credit or other thing of value on a fixed, commercial electrical gaming device in which the bona fide skill of the player, determined by an individual’s level of strategy and skill, is a factor in determining the outcome and for which the player may be awarded a prize or other thing of value for a successful outcome.”

The bill has been assigned to the Senate Travel Committee

•HB134 Wyoming Tourism Account Funding (lodging tax). This bill is headed to the governor’s desk after approval by the Senate and concurrence by the House on changes made by the Senate. See related story on A9.

•HB209 Change in party affiliation. Adds the requirement that a major political party affiliation change has to happen 14 days before the day of the primary election or at the polls of the general election.

The bill passed the House 44-14 and has been referred to the Senate Corporations Committee.

If passed the bill would take effect Jan. 1.