Indiana 2025 Regular Session

Indiana Senate Bill SB0322 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 322
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 7.1-3-18.5; IC 7.1-6-2-4; IC 7.1-7; IC 24-3-5;
7	7	IC 35-46-1.
8	8	Synopsis: Sale of tobacco products. Prohibits a person from selling
9	9	tobacco, an e-liquid, or an electronic cigarette to an individual born
10	10	after June 30, 2004.
11	11	Effective: July 1, 2025.
12	12	Charbonneau
13	13	January 13, 2025, read first time and referred to Committee on Health and Provider
14	14	Services.
15	15	2025 IN 322—LS 6268/DI 137 Introduced
16	16	First Regular Session of the 124th General Assembly (2025)
17	17	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
18	18	Constitution) is being amended, the text of the existing provision will appear in this style type,
19	19	additions will appear in this style type, and deletions will appear in this style type.
20	20	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
21	21	provision adopted), the text of the new provision will appear in this style type. Also, the
22	22	word NEW will appear in that style type in the introductory clause of each SECTION that adds
23	23	a new provision to the Indiana Code or the Indiana Constitution.
24	24	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
25	25	between statutes enacted by the 2024 Regular Session of the General Assembly.
26	26	SENATE BILL No. 322
27	27	A BILL FOR AN ACT to amend the Indiana Code concerning
28	28	alcohol and tobacco.
29	29	Be it enacted by the General Assembly of the State of Indiana:
30	30	1 SECTION 1. IC 7.1-3-18.5-5, AS AMENDED BY P.L.49-2020,
31	31	2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32	32	3 JULY 1, 2025]: Sec. 5. (a) Subject to subsection (b), the commission
33	33	4 may suspend the certificate of a person who fails to pay a civil penalty
34	34	5 imposed for violating IC 35-46-1-10, IC 35-46-1-10.2, IC 35-46-1-11,
35	35	6 IC 35-46-1-11.2, IC 35-46-1-11.4, IC 35-46-1-11.5, IC 35-46-1-11.7,
36	36	7 or IC 35-46-1-11.8.
37	37	8 (b) Before enforcing the imposition of a civil penalty or suspending
38	38	9 or revoking a certificate under this chapter, the commission shall
39	39	10 provide written notice of the alleged violation to the certificate holder
40	40	11 and conduct a hearing. The commission shall provide written notice of
41	41	12 the civil penalty or suspension or revocation of a certificate to the
42	42	13 certificate holder.
43	43	14 (c) Subject to subsection (b), the commission shall revoke the
44	44	15 certificate of a person upon a finding by a preponderance of the
45	45	16 evidence that the person:
46	46	17 (1) has violated IC 35-45-5-3, IC 35-45-5-3.5, IC 35-45-5-4,
47	47	2025 IN 322—LS 6268/DI 137 2
48	48	1 IC 35-46-1-11, IC 35-46-1-11.2, IC 35-46-1-11.4, or
49	49	2 IC 35-46-1-11.8;
50	50	3 (2) has committed habitual illegal sale of tobacco as established
51	51	4 under IC 35-46-1-10.2(j); IC 35-46-1-10.2(i); or
52	52	5 (3) has committed habitual illegal entrance by a minor as
53	53	6 established under IC 35-46-1-11.7(f).
54	54	7 SECTION 2. IC 7.1-3-18.5-8, AS AMENDED BY P.L.49-2020,
55	55	8 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
56	56	9 JULY 1, 2025]: Sec. 8. The commission may mitigate civil penalties
57	57	10 imposed against a certificate holder for violating IC 35-46-1-10,
58	58	11 IC 35-46-1-10.2, IC 35-46-1-11, IC 35-46-1-11.2, IC 35-46-1-11.4,
59	59	12 IC 35-46-1-11.5, IC 35-46-1-11.7, IC 35-46-1-11.8, or any of the
60	60	13 provisions of this chapter if a certificate holder provides a training
61	61	14 program for the certificate holder's employees that includes at least the
62	62	15 following topics:
63	63	16 (1) Laws governing the sale of tobacco products and electronic
64	64	17 cigarettes.
65	65	18 (2) Methods of recognizing and handling customers who are less
66	66	19 than twenty-one (21) years of age. were born after June 30,
67	67	20 2004.
68	68	21 (3) Procedures for proper examination of identification cards to
69	69	22 verify that customers are under twenty-one (21) years of age.
70	70	23 were born after June 30, 2004.
71	71	24 SECTION 3. IC 7.1-6-2-4, AS AMENDED BY P.L.49-2020,
72	72	25 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
73	73	26 JULY 1, 2025]: Sec. 4. (a) An enforcement officer vested with full
74	74	27 police powers and duties may engage a person less than twenty-one
75	75	28 (21) years of age born after June 30, 2004, as part of an enforcement
76	76	29 action under this article if the initial or contemporaneous receipt or
77	77	30 purchase of a tobacco product, e-liquid, or electronic cigarette by a
78	78	31 person less than twenty-one (21) years of age born after June 30,
79	79	32 2004, occurs under the direction of an enforcement officer vested with
80	80	33 full police powers and duties and is part of the enforcement action.
81	81	34 (b) An enforcement officer vested with full police powers and duties
82	82	35 shall not:
83	83	36 (1) recruit or attempt to recruit a person less than twenty-one (21)
84	84	37 years of age born after June 30, 2004, to participate in an
85	85	38 enforcement action under subsection (a) at the scene of a violation
86	86	39 of section 2 of this chapter; or
87	87	40 (2) if a person is a minor, allow a person less than twenty-one
88	88	41 (21) years of age born after June 30, 2004, to purchase or
89	89	42 receive a tobacco product, e-liquid, or electronic cigarette as part
90	90	2025 IN 322—LS 6268/DI 137 3
91	91	1 of an enforcement action under subsection (a) without the written
92	92	2 permission of the person's parents or legal guardians.
93	93	3 SECTION 4. IC 7.1-7-5.5-1, AS AMENDED BY P.L.49-2020,
94	94	4 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
95	95	5 JULY 1, 2025]: Sec. 1. A retailer may not make a delivery sale of
96	96	6 e-liquid to an individual who does not meet the minimum age
97	97	7 requirement as set forth in IC 7.1-7-6-5. was born after June 30,
98	98	8 2004.
99	99	9 SECTION 5. IC 7.1-7-5.5-5, AS AMENDED BY P.L.49-2020,
100	100	10 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
101	101	11 JULY 1, 2025]: Sec. 5. A retailer who ships an e-liquid from a delivery
102	102	12 sale order shall include as part of the shipping documents a document
103	103	13 with the following statement: "E-LIQUIDS: Indiana law prohibits the
104	104	14 sale of this product to a person who is less than 21 years of age.". born
105	105	15 after June 30, 2004.".
106	106	16 SECTION 6. IC 7.1-7-6-2.1, AS ADDED BY P.L.49-2020,
107	107	17 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
108	108	18 JULY 1, 2025]: Sec. 2.1. A person who sells or distributes an e-liquid
109	109	19 to a person less than twenty-one (21) years of age born after June 30,
110	110	20 2004, may be in violation of IC 35-46-1.
111	111	21 SECTION 7. IC 7.1-7-6-5, AS AMENDED BY P.L.49-2020,
112	112	22 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
113	113	23 JULY 1, 2025]: Sec. 5. A person who knowingly or intentionally makes
114	114	24 a delivery sale of an e-liquid to an individual who is less than
115	115	25 twenty-one (21) years of age was born after June 30, 2004, commits
116	116	26 a Class C infraction.
117	117	27 SECTION 8. IC 24-3-5-5, AS AMENDED BY P.L.111-2021,
118	118	28 SECTION 96, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
119	119	29 JULY 1, 2025]: Sec. 5. (a) A merchant who mails or ships cigarettes as
120	120	30 part of a delivery sale shall:
121	121	31 (1) use a mailing or shipping service that requires the customer or
122	122	32 a person at least twenty-one (21) years of age born before July
123	123	33 1, 2004, who is designated by the customer to:
124	124	34 (A) sign to accept delivery of the cigarettes; and
125	125	35 (B) present a valid driver's license issued under IC 9-24-3 or
126	126	36 an identification card issued under IC 9-24-16 if the customer
127	127	37 or the customer's designee, in the opinion of the delivery agent
128	128	38 or employee of the mailing or shipping service, appears to be
129	129	39 less than thirty (30) years of age; born after June 30, 2004;
130	130	40 (2) provide to the mailing or shipping service used under
131	131	41 subdivision (1) proof of compliance with section 6(a) of this
132	132	42 chapter; and
133	133	2025 IN 322—LS 6268/DI 137 4
134	134	1 (3) include the following statement in bold type or capital letters
135	135	2 on an invoice or shipping document:
136	136	3 INDIANA LAW PROHIBITS THE MAILING OR SHIPPING
137	137	4 OF CIGARETTES TO A PERSON LESS THAN
138	138	5 TWENTY-ONE (21) YEARS OF AGE BORN AFTER
139	139	6 JUNE 30, 2004, AND REQUIRES PAYMENT OF ALL
140	140	7 APPLICABLE TAXES.
141	141	8 (b) The commission may impose a civil penalty of not more than
142	142	9 one thousand dollars ($1,000) if a mailing or shipping service:
143	143	10 (1) delivers cigarettes as part of a delivery sale without first
144	144	11 receiving proof from the merchant of compliance with section
145	145	12 6(a) of this chapter; or
146	146	13 (2) fails to obtain a signature and proof of identification of the
147	147	14 customer or the customer's designee under subsection (a)(1).
148	148	15 The commission shall deposit amounts collected under this subsection
149	149	16 into the Richard D. Doyle youth tobacco education and enforcement
150	150	17 fund established by IC 7.1-6-2-6.
151	151	18 (c) The following apply to a merchant that mails or ships cigarettes
152	152	19 as part of a delivery sale without using a third party service as required
153	153	20 by subsection (a)(1):
154	154	21 (1) The merchant shall require the customer or a person at least
155	155	22 twenty-one (21) years of age born before July 1, 2004, who is
156	156	23 designated by the customer to:
157	157	24 (A) sign to accept delivery of the cigarettes; and
158	158	25 (B) present a valid driver's license issued under IC 9-24-3 or
159	159	26 identification card issued under IC 9-24-16 if the customer or
160	160	27 the customer's designee, in the opinion of the merchant or the
161	161	28 merchant's employee making the delivery, appears to be less
162	162	29 than thirty (30) years of age. born after June 30, 2004.
163	163	30 (2) The commission may impose a civil penalty of not more than
164	164	31 one thousand dollars ($1,000) if the merchant:
165	165	32 (A) delivers the cigarettes without first complying with section
166	166	33 6(a) of this chapter; or
167	167	34 (B) fails to obtain a signature and proof of identification of the
168	168	35 customer or the customer's designee under subdivision (1).
169	169	36 The commission shall deposit amounts collected under this
170	170	37 subdivision into the Richard D. Doyle youth tobacco education
171	171	38 and enforcement fund established by IC 7.1-6-2-6.
172	172	39 SECTION 9. IC 24-3-5-8, AS AMENDED BY P.L.49-2020,
173	173	40 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
174	174	41 JULY 1, 2025]: Sec. 8. The commission may impose a civil penalty of
175	175	42 not more one thousand dollars ($1,000) on a:
176	176	2025 IN 322—LS 6268/DI 137 5
177	177	1 (1) customer who signs another person's name to a statement
178	178	2 required under section 4(1) of this chapter; or
179	179	3 (2) merchant who sells cigarettes by delivery sale to a person less
180	180	4 than twenty-one (21) years of age. born after June 30, 2004.
181	181	5 The commission shall deposit amounts collected under this section into
182	182	6 the Richard D. Doyle youth tobacco education and enforcement fund
183	183	7 established by IC 7.1-6-2-6.
184	184	8 SECTION 10. IC 35-46-1-10, AS AMENDED BY P.L.32-2021,
185	185	9 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
186	186	10 JULY 1, 2025]: Sec. 10. (a) A person may not be charged with a
187	187	11 violation under this section and a violation under IC 7.1-7-6-5.
188	188	12 (b) A person who knowingly:
189	189	13 (1) sells or distributes tobacco, an e-liquid, or an electronic
190	190	14 cigarette to a person less than twenty-one (21) years of age; born
191	191	15 after June 30, 2004; or
192	192	16 (2) purchases tobacco, an e-liquid, or an electronic cigarette for
193	193	17 delivery to another person who is less than twenty-one (21) years
194	194	18 of age; was born after June 30, 2004;
195	195	19 commits a Class C infraction. For a sale to take place under this
196	196	20 section, the buyer must pay the seller for the tobacco, e-liquid, or
197	197	21 electronic cigarette.
198	198	22 (c) It is not a defense that the person to whom the tobacco, e-liquid,
199	199	23 or electronic cigarette was sold or distributed did not smoke, chew,
200	200	24 inhale, or otherwise consume the tobacco, e-liquid, or electronic
201	201	25 cigarette.
202	202	26 (d) The following defenses are available to a person accused of
203	203	27 selling or distributing tobacco, an e-liquid, or an electronic cigarette to
204	204	28 a person who is less than twenty-one (21) years of age: born after
205	205	29 June 30, 2004:
206	206	30 (1) The buyer or recipient produced a driver's license bearing the
207	207	31 purchaser's or recipient's photograph, showing that the purchaser
208	208	32 or recipient was of legal age to make the purchase.
209	209	33 (2) The buyer or recipient produced a photographic identification
210	210	34 card issued under IC 9-24-16-1, or a similar card issued under the
211	211	35 laws of another state or the federal government, showing that the
212	212	36 purchaser or recipient was of legal age to make the purchase.
213	213	37 (3) The appearance of the purchaser or recipient was such that an
214	214	38 ordinary prudent person would believe that the purchaser or
215	215	39 recipient was not less than thirty (30) years of age. born before
216	216	40 July 1, 2004.
217	217	41 (e) It is a defense that the accused person sold or delivered the
218	218	42 tobacco, e-liquid, or electronic cigarette to a person who acted in the
219	219	2025 IN 322—LS 6268/DI 137 6
220	220	1 ordinary course of employment or a business concerning tobacco, an
221	221	2 e-liquid, or electronic cigarettes including the following activities:
222	222	3 (1) Agriculture.
223	223	4 (2) Processing.
224	224	5 (3) Transporting.
225	225	6 (4) Wholesaling.
226	226	7 (5) Retailing.
227	227	8 (f) As used in this section, "distribute" means to give tobacco, an
228	228	9 e-liquid, or an electronic cigarette to another person as a means of
229	229	10 promoting, advertising, or marketing the tobacco, e-liquid, or electronic
230	230	11 cigarette to the general public.
231	231	12 (g) Unless the person buys or receives tobacco, an e-liquid, or an
232	232	13 electronic cigarette under the direction of a law enforcement officer as
233	233	14 part of an enforcement action, a person who sells or distributes tobacco,
234	234	15 an e-liquid, or an electronic cigarette is not liable for a violation of this
235	235	16 section unless the person less than twenty-one (21) years of age who
236	236	17 bought or received the tobacco, e-liquid, or electronic cigarette is
237	237	18 issued a citation or summons under section 10.5 of this chapter.
238	238	19 (h) (g) Notwithstanding IC 34-28-5-5(c), civil penalties collected
239	239	20 under this section must be deposited in the Richard D. Doyle youth
240	240	21 tobacco education and enforcement fund (IC 7.1-6-2-6).
241	241	22 SECTION 11. IC 35-46-1-10.2, AS AMENDED BY P.L.32-2021,
242	242	23 SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
243	243	24 JULY 1, 2025]: Sec. 10.2. (a) A person may not be charged with a
244	244	25 violation under this section and a violation under IC 7.1-7-6-5.
245	245	26 (b) A retail establishment that sells or distributes tobacco, an
246	246	27 e-liquid, or an electronic cigarette to a person less than twenty-one (21)
247	247	28 years of age born after June 30, 2004, commits a Class C infraction.
248	248	29 For a sale to take place under this section, the buyer must pay the retail
249	249	30 establishment for the tobacco, e-liquid, or electronic cigarette.
250	250	31 (c) Notwithstanding IC 34-28-5-4(c), a civil judgment for an
251	251	32 infraction committed under this section must be imposed as follows:
252	252	33 (1) If the retail establishment at that specific business location has
253	253	34 not been issued a citation or summons for a violation of this
254	254	35 section in the previous one (1) year, a civil penalty of up to four
255	255	36 hundred dollars ($400).
256	256	37 (2) If the retail establishment at that specific business location has
257	257	38 had one (1) citation or summons issued for a violation of this
258	258	39 section in the previous one (1) year, a civil penalty of up to eight
259	259	40 hundred dollars ($800).
260	260	41 (3) If the retail establishment at that specific business location has
261	261	42 had two (2) citations or summonses issued for a violation of this
262	262	2025 IN 322—LS 6268/DI 137 7
263	263	1 section in the previous one (1) year, a civil penalty of up to one
264	264	2 thousand four hundred dollars ($1,400).
265	265	3 (4) If the retail establishment at that specific business location has
266	266	4 had three (3) or more citations or summonses issued for a
267	267	5 violation of this section in the previous one (1) year, a civil
268	268	6 penalty of up to two thousand dollars ($2,000).
269	269	7 A retail establishment may not be issued a citation or summons for a
270	270	8 violation of this section more than once every twenty-four (24) hours
271	271	9 for each specific business location.
272	272	10 (d) It is not a defense that the person to whom the tobacco, e-liquid,
273	273	11 or electronic cigarette was sold or distributed did not smoke, chew,
274	274	12 inhale, or otherwise consume the tobacco, e-liquid, or electronic
275	275	13 cigarette.
276	276	14 (e) The following defenses are available to a retail establishment
277	277	15 accused of selling or distributing tobacco, an e-liquid, or an electronic
278	278	16 cigarette to a person who is less than twenty-one (21) years of age:
279	279	17 born after June 30, 2004:
280	280	18 (1) The buyer or recipient produced a driver's license bearing the
281	281	19 purchaser's or recipient's photograph showing that the purchaser
282	282	20 or recipient was of legal age to make the purchase.
283	283	21 (2) The buyer or recipient produced a photographic identification
284	284	22 card issued under IC 9-24-16-1 or a similar card issued under the
285	285	23 laws of another state or the federal government showing that the
286	286	24 purchaser or recipient was of legal age to make the purchase.
287	287	25 (3) The appearance of the purchaser or recipient was such that an
288	288	26 ordinary prudent person would believe that the purchaser or
289	289	27 recipient was not less than thirty (30) years of age. born before
290	290	28 July 1, 2004.
291	291	29 (f) It is a defense that the accused retail establishment sold or
292	292	30 delivered the tobacco, e-liquid, or electronic cigarette to a person who
293	293	31 acted in the ordinary course of employment or a business concerning
294	294	32 tobacco, an e-liquid, or electronic cigarettes for the following activities:
295	295	33 (1) Agriculture.
296	296	34 (2) Processing.
297	297	35 (3) Transporting.
298	298	36 (4) Wholesaling.
299	299	37 (5) Retailing.
300	300	38 (g) As used in this section, "distribute" means to give tobacco, an
301	301	39 e-liquid, or an electronic cigarette to another person as a means of
302	302	40 promoting, advertising, or marketing the tobacco or electronic cigarette
303	303	41 to the general public.
304	304	42 (h) Unless a person buys or receives tobacco, an e-liquid, or an
305	305	2025 IN 322—LS 6268/DI 137 8
306	306	1 electronic cigarette under the direction of a law enforcement officer as
307	307	2 part of an enforcement action, a retail establishment that sells or
308	308	3 distributes tobacco, an e-liquid, or an electronic cigarette is not liable
309	309	4 for a violation of this section unless the person less than twenty-one
310	310	5 (21) years of age, who bought or received the tobacco, e-liquid, or
311	311	6 electronic cigarette is issued a citation or summons under section 10.5
312	312	7 of this chapter.
313	313	8 (i) (h) Notwithstanding IC 34-28-5-5(c), civil penalties collected
314	314	9 under this section must be deposited in the Richard D. Doyle youth
315	315	10 tobacco education and enforcement fund (IC 7.1-6-2-6).
316	316	11 (j) (i) A person who violates subsection (b) at least six (6) times in
317	317	12 any one (1) year commits habitual illegal sale of tobacco, a Class B
318	318	13 infraction.
319	319	14 SECTION 12. IC 35-46-1-11, AS AMENDED BY P.L.56-2023,
320	320	15 SECTION 323, IS AMENDED TO READ AS FOLLOWS
321	321	16 [EFFECTIVE JULY 1, 2025]: Sec. 11. (a) A tobacco or electronic
322	322	17 cigarette vending machine that is located in a public place must bear
323	323	18 the following conspicuous notices:
324	324	19 (1) A notice:
325	325	20 (A) that reads as follows, with the capitalization indicated: "If
326	326	21 you are under 21 years of age, YOU ARE FORBIDDEN by
327	327	22 Indiana law to buy tobacco or electronic cigarettes from this
328	328	23 machine."; or
329	329	24 (B) that:
330	330	25 (i) conveys a message substantially similar to the message
331	331	26 described in clause (A); and
332	332	27 (ii) is formatted with words and in a form authorized under
333	333	28 the rules adopted by the alcohol and tobacco commission.
334	334	29 (2) A notice that reads as follows, "Smoking by Pregnant Women
335	335	30 May Result in Fetal Injury, Premature Birth, and Low Birth
336	336	31 Weight.".
337	337	32 (3) A notice printed in letters and numbers at least one-half (1/2)
338	338	33 inch high that displays a toll free phone number for assistance to
339	339	34 callers in quitting smoking, as determined by the Indiana
340	340	35 department of health.
341	341	36 (b) A person who owns or has control over a tobacco or electronic
342	342	37 cigarette vending machine in a public place and who:
343	343	38 (1) fails to post a notice required by subsection (a) on the vending
344	344	39 machine; or
345	345	40 (2) fails to replace a notice within one (1) month after it is
346	346	41 removed or defaced;
347	347	42 commits a Class C infraction.
348	348	2025 IN 322—LS 6268/DI 137 9
349	349	1 (c) An establishment selling tobacco or electronic cigarettes at retail
350	350	2 shall post and maintain in a conspicuous place, at the point of sale, the
351	351	3 following:
352	352	4 (1) Signs printed in letters at least one-half (1/2) inch high,
353	353	5 reading as follows:
354	354	6 (A) "The sale of tobacco or electronic cigarettes to persons
355	355	7 under 21 years of age born after June 30, 2004, is forbidden
356	356	8 by Indiana law.".
357	357	9 (B) "Smoking by Pregnant Women May Result in Fetal Injury,
358	358	10 Premature Birth, and Low Birth Weight.".
359	359	11 (2) A sign printed in letters and numbers at least one-half (1/2)
360	360	12 inch high that displays a toll free phone number for assistance to
361	361	13 callers in quitting smoking, as determined by the Indiana
362	362	14 department of health.
363	363	15 (d) A person who:
364	364	16 (1) owns or has control over an establishment selling tobacco or
365	365	17 electronic cigarettes at retail; and
366	366	18 (2) fails to post and maintain the sign required by subsection (c);
367	367	19 commits a Class C infraction.
368	368	2025 IN 322—LS 6268/DI 137