Wyoming
Government Buildings
Smoking is not permitted in any building under control of the Capitol Building Commission except in specially ventilated designated smoking areas.
Wyoming State Govt. Non-Smoking Policy (1989).
Cigarettes
Tax rate per pack of 20: 60 cents
Date last changed: July 1, 2003 — 12 cents to 60 cents
Year first enacted: 1951
WYO. STAT. ANN. § 39-18-104(a) (2003).
Thirty three and one-third percent of 12 cents of the cigarette tax is distributed to incorporated cities and towns and to boards of county commissioners in the proportion the cigarette taxes derived from sales within each incorporated city or town or county bears to total cigarette taxes collected. The remaining revenue is then distributed 61.75 percent to cities and counties as specified above and 38.25 percent to the state general fund. The other 48 cents of the cigarette tax is distributed to the state general fund.
WYO. STAT. ANN. § 39-18-111 (2005).
The state preempts the field of imposing taxes on cigarettes and no city, town or county shall impose, levy or collect taxes upon the sale, occupation or privilege of selling cigarettes.
WYO. STAT. ANN. § 39-18-103(b) (2003).
Other Tobacco Products
Cigars, snuff and other tobacco products: 20% of the wholesale purchase price.
WYO. STAT. ANN. § 39-18-104(c)(1989).
All revenue from the tax on other tobacco products is distributed to the state general fund.
WYO. STAT. ANN. § 39-18-111 (2005).
Revenue Collected
$24,094,000
Compliance/Enforcement
The Department of Health, working with local law enforcement agencies and other local individuals and organizations at the discretion of the department, shall be the lead agency to ensure compliance with this article. To coordinate the enforcement of state statutes relating to the prohibition of the sale of tobacco products to minors and to comply with applicable law, the Department of Health shall have authority to contract with or provide grants to local law enforcement agencies or other local individuals or entities to conduct random, unannounced inspections at retail locations where tobacco products are sold. Minors may be used with written consent of the minor’s parents or guardian. A minor shall, if questioned, state his true age and the minor’s appearance shall not be altered to make him appear to be 18 years of age or older. The person conducting the inspection shall also photograph the participant immediately before the inspection and any photographs taken of the participant shall be retained by the person conducting the inspection.
WYO. STAT. ANN. § 14-3-307 (2000).
Penalties for Sales to Minors
No individual shall sell, offer for sale, give away or deliver tobacco products to any person under the age of 18. Any individual violating this section is guilty of a misdemeanor punishable by a fine of not more than $50 for a first violation; $250 for a second violation; and $750 for a third or subsequent violation committed within a 24-month period. The court may allow the defendant to perform community service and be granted credit against his fine and court costs at the rate of $5 for each hour of work performed.
WYO. STAT. ANN. § 14-3-302 (2000).
No retailer shall sell, permit the sale, offer for sale, give away or deliver tobacco products to any person less than 18 years of age. Any person violating this section is guilty of a misdemeanor punishable by a fine of not more than $50 for a first violation; $250 for a second violation; and $750 for a third or subsequent violation committed within a 24-month period. In addition, any person violating this section for a third or subsequent time within a two-year period may be prohibited from selling tobacco products for not more than 180 days by court injunction. It is an affirmative defense to a prosecution under this section that, in the case of a sale, the person who sold the tobacco product was presented with, and reasonably relied upon, an identification card, which identified the person buying or receiving the tobacco product as being over 18 years of age. No penalty will be enforced for a first violation if the retailer can show it had adopted and enforced a written policy against selling tobacco products to persons under the age of 18 years; informed its employees of the applicable laws regarding the sale of tobacco products to persons under the age of 18 years; required employees to verify the age of tobacco product customers by way of photographic identification or by means of an electronic transaction scan device; and established and imposed disciplinary sanctions for noncompliance.
WYO. STAT. ANN. § 14-3-302 (2000).
Penalties to Minors
No person under the age of 18 shall possess, use, purchase or attempt to purchase tobacco products; or misrepresent their identity or age, or use any false or altered identification for the purpose of purchasing or attempting to purchase tobacco products. Any person violating this section is guilty of a misdemeanor punishable by a fine of not more than $50 for a first violation; not more than $250 for a second violation; and not more than $750 for a third or subsequent violation committed within a 24-month period. In lieu of the fine, the court may allow the defendant to perform community service or attend a tobacco cessation program and be granted credit against their fine and court costs at the rate of $5 for each hour of work performed or each hour of tobacco cessation program attended. This does not apply to minors participating in compliance inspections.
WYO. STAT. ANN. §§ 14-3-304 & 14-3-305 (2000).
Placement of Tobacco Products
No person shall sell or offer tobacco products through a self-service display except in a business where entry by persons under 18 is prohibited. “Self service display” means any display of tobacco products that is located in an area where customers are permitted and where the tobacco products are readily accessible to a customer without the assistance of a salesperson. Violation is a misdemeanor, subject to the same penalties as selling or distributing tobacco products to minors, including possible license suspension. Each day of continued violation is a separate offense.
WYO. STAT. ANN. §§ 14-3-301 & 14-3-303 (2007).
Sign Posting
Any person who sells tobacco products shall post signs informing the public of the age restrictions for sales of tobacco products at or near every display of tobacco products. Each sign shall be plainly visible and shall contain a statement communicating that the sale of tobacco products to persons under 18 years of age is prohibited by law. Violation is a misdemeanor subject to the same penalties as selling or distributing tobacco products to minors, including possible license suspension. Each day of continued violation is a separate offense.
WYO. STAT. ANN. § 14-3-303 (2000).
Other Provisions
This article shall not be construed to prohibit the imposition by local law or ordinance of further regulation or prohibition upon the sale, use and possession of tobacco products to any person under 18 years of age, but the governmental entity shall not permit or authorize the sale, use or possession of tobacco products to any person under 18 years of age. However, no governmental entity shall enact any law or ordinance which changes the standards provided by WY STAT. 14-3-302(a) and (c), 14-3-303(a), 14-3-304(a) and 14-3-305(a). The governmental entity may require that sellers of tobacco products obtain a license to sell tobacco products and may deny or revoke the license in the case of reported violations of WY STAT. 14-3-302 or similar local ordinance.
WYO. STAT. ANN. § 14-3-308 (2000).
Restrictions on Distribution of Tobacco Product Samples or Sales of Single Cigarettes
Samples
No person shall give away or deliver tobacco products to any person under the age of 18. Violation is a misdemeanor subject to the same penalties as selling or distributing tobacco products to minors, including possible license suspension.
WYO. STAT. ANN. § 14-3-302 (2000).
Restrictions on Sale of Tobacco Products in Vending Machines
Placement
Vending machines are restricted to locations in a business, factory, office, or other place not generally open to the public, and in places where persons under 18 are not permitted, including areas where alcoholic beverages are sold or dispensed.
WYO. STAT. ANN. § 14-3-303 (2000).
Penalty
Violation is a misdemeanor subject to the same penalties as selling or distributing tobacco products to minors, including possible license suspension. Each day of continued violation is a separate offense.
WYO. STAT. ANN. § 14-3-303 (2000).
Sign Posting
Signs must be posted on or upon every vending machine selling tobacco products. The signs shall be plainly visible and inform the public that the sale of tobacco products to persons under 18 is prohibited by law. Violation is a misdemeanor subject to the same penalties as selling or distributing tobacco products to minors including possible license suspension. Each day of continued violation is a separate offense.
WYO. STAT. ANN. § 14-3-303 (2000).
Requirements
Wholesalers, manufacturers and importers must obtain a license to sell tobacco products from the Department of Revenue. The term wholesaler includes any person who sells or distributes for sale or resale cigarettes over the Internet or through any other means of direct or indirect mail solicitation or delivery. The license is valid through June 30th of each year and a separate license is required for each place of business. Selling or distributing tobacco products without a license is a misdemeanor subject to not more than a $100 fine and/or six months in county jail.
WYO. STAT. ANN. §§ 39-18-101, 39-18-106 & 39-18-108 (2005).
Fee
$10 annually.
WYO. STAT. ANN. § 39-18-106 (2001).
License Suspension for Sales to Minors
For a third or subsequent violation of the sales to minors’ law within a two-year period, the court may grant an injunction against a retailer prohibiting the sale of tobacco products for a period of up to 180 days.
WYO. STAT ANN § 14-3-302 (2000).
It is a discriminatory or unfair employment practice for an employer to require as a condition of employment that any employee or prospective employee use or refrain from using tobacco products outside the course of his employment, or otherwise to discriminate in matters of compensation or the terms, conditions or privileges of employment, unless it is a bona fide occupational qualification that a person not use tobacco products outside the workplace. This shall not prohibit an employer from offering, imposing or having in effect a health, disability or life insurance policy distinguishing between employees for type or price of coverage based upon the use or nonuse of tobacco products, with certain conditions. Any person claiming to be aggrieved by a discriminatory or unfair employment practice may file a compliant with the Department of Employment within 90 days of the alleged violation. The department may order the respondent to hire, reinstate or upgrade the employee, with or without back pay.
WYO. STAT. ANN. §§ 27-9-101 et seq. (1992).
Tobacco Control Appropriations
Wyoming allocated $6,020,599 for tobacco prevention and cessation programs in FY2009 (July 1, 2008 to June 30, 2009) from the state’s annual MSA payment and the state general fund. $5,906,829 was allocated in FY2008.
FY2009-FY2010 Biennial Budget (S.B. 1) enacted 3/5/08 and effective 7/1/08 (FY2009) & 7/1/09 (FY2010).
Wyoming created the Wyoming tobacco settlement trust fund to receive annual payments from the Master Settlement Agreement through March 15, 2002. The principal is to remain forever inviolate, and the interest, and all payments received after March 15, 2002 go to a trust fund income account. The money in this account can be spent on efforts in prevention and cessation of tobacco use through school and community based programs and efforts to establish and implement programs to prevent, intervene in, and otherwise limit alcohol and substance abuse. This money must be appropriated by the legislature.
WYO. STAT. ANN. § 9-4-1203 (2000).
Non-Monetary Provisions
Wyoming directed the Department of Health to develop and implement comprehensive tobacco prevention, cessation and treatment programs for Wyoming, and also instructed the Department of Health to develop and implement a competitive grant program to support efforts to reduce the use of tobacco products by minors. The department shall give priority to the following programs in regard to tobacco use in the state: comprehensive community based programs; public education, including use of media campaigns; youth involvement programs; school and early childhood programs; enforcement of laws related to access to tobacco products by minors; programs to promote the cessation of tobacco use; and programs for the treatment of tobacco-related diseases.
WYO. STAT. ANN. § 9-4-1204 (2000).
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