IdahoH 01332025 regular legislative sessionHouseWALLET

TOBACCO PRODUCTS AND ELECTRONIC SMOKING DEVICES – Amends, repeals, and adds to existing law to establish provisions regarding clean indoor air and prevention of minors’ access to tobacco products and electronic smoking devices.

Sponsored By: HEALTH AND WELFARE COMMITTEE

Signed by Governor

TOBACCO PRODUCTS AND ELECTRONIC SMOKING DEVICES

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 2 costs, 1 mixed.

Narrower Enforcement Powers Over Tobacco Retailers

Civil penalties and permit suspensions under this chapter apply only to violations of its tobacco or electronic smoking device sales rules. Violations of other state or local laws no longer trigger those particular penalties. The health department also loses express authority in the permit section to write rules on permits, inspections, checks, training, and employment practices. The law repeals another tobacco-law section, but the supplied text does not explain its practical effect.

Annual Surprise Checks for Tobacco Retailers

Idaho's health department must conduct random, unannounced checks of tobacco and electronic smoking device retailers, including each location annually. The annual inspection total follows a formula: year-end permit holders × last year's violation rate × 10. That total cannot exceed twice the number of permit holders. These checks support enforcement of youth-access rules.

Annual Permits and Training for Tobacco Retailers

Tobacco and electronic smoking device retailers need a separate annual permit for each permanent location; online-only retailers use their website address. Permits cannot be transferred, must be available on request, and require endorsements for the retailer's sales or delivery methods. A permit ends when the business closes, stops covered sales, moves, or is sold. Permits obtained through fraud to avoid penalties must be revoked. Permits expire at midnight December 31, and Idaho's health department must mail renewal notices at least 90 days beforehand. Retailers must teach employees the rules and keep each employee's signed form confirming they understand them.

Ten-Day Penalty Deadlines for Tobacco Retailers

Retail permit holders must pay fines under the chapter in full within 10 days of the violation, before renewing their permit. A third violation within two years also creates a deadline for submitting evidence about training or employment practices. Retailers relying on those practices to reduce a suspension must submit proof to the health department within 10 days of the violation.

Broader Smoke-Free Coverage and Clearer Signs

Idaho's clean indoor air rules now include educational facilities, airplanes, buses, and boats as public places, but exclude private, noncommercial vehicles. The law also revises when restaurant bars are physically separate and when bar food service counts as incidental. Required signs must be easy to see, readable, and uncovered, with letters at least one inch high. These changes broaden public-place coverage while adding sign requirements for those responsible for posting them.

Sponsors & Cosponsors

Sponsor

  • HEALTH AND WELFARE COMMITTEE

    Affiliation unavailable

Cosponsors

  • Robert “Rob” Beiswenger

    Republican • House

  • Brian Lenney

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 97 • No: 7

Senate vote • 3/6/2025

Senate Floor Vote

Yes: 35 • No: 0

House vote • 2/21/2025

House Floor Vote

Yes: 62 • No: 7

Actions Timeline

  1. Reported Signed by Governor on March 13, 2025 Session Law Chapter 64 Effective: 07/01/2025; 07/01/2025 IDAPA Sunset Clause - SECTION 14 & 15

    3/14/2025
  2. Delivered to Governor at 8:10 a.m. on March 11, 2025

    3/11/2025
  3. Returned Signed by the President; Ordered Transmitted to Governor

    3/10/2025Senate
  4. Signed by President; returned to House

    3/10/2025Senate
  5. Received from the House enrolled/signed by Speaker

    3/10/2025Senate
  6. Reported Enrolled; Signed by Speaker; Transmitted to Senate

    3/7/2025House
  7. Returned from Senate Passed; to JRA for Enrolling

    3/6/2025House
  8. Read third time in full – PASSED - 35-0-0

    3/6/2025Senate
  9. Read second time; filed for Third Reading

    2/27/2025Senate
  10. Reported out of Committee with Do Pass Recommendation; Filed for second reading

    2/26/2025Senate
  11. Introduced, read first time; referred to: State Affairs

    2/24/2025Senate
  12. Received from the House passed; filed for first reading

    2/24/2025Senate
  13. Read Third Time in Full – PASSED - 62-7-1

    2/21/2025House
  14. U.C. to hold place on third reading calendar one legislative day

    2/20/2025House
  15. Read second time; Filed for Third Reading

    2/19/2025House
  16. Reported out of Committee with Do Pass Recommendation, Filed for Second Reading

    2/18/2025House
  17. Reported Printed and Referred to Health & Welfare

    2/5/2025House
  18. Introduced, read first time, referred to JRA for Printing

    2/4/2025House

Bill Text

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