MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary B

By: Representative Holland (By Request)

House Bill 947

AN ACT TO AMEND SECTION 45-37-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CASES INVOLVING THE SALE OF TOBACCO PRODUCTS TO MINORS SHALL BE BROUGHT IN A COURT OF COMPETENT JURISDICTION; TO AMEND SECTION 97-5-45, MISSISSIPPI CODE OF 1972, TO REVISE PENALTIES REGARDING THE SALE OF TOBACCO PRODUCTS TO MINORS; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 45-37-7, Mississippi Code of 1972, is amended as follows:

45-37-7. (1) The provisions of Section 97-5-25 and the provisions of this chapter shall be enforced through actions brought in a court of competent jurisdiction by the prosecuting attorney for the county in which the alleged violation occurred. Any fine collected for a violation of such provision shall be paid to the * * * clerk of the prosecuting court of the county in which the violation occurred who shall in turn remit to the general fund of the county. Upon receipt of a fine for any violation of such provision, the clerk shall promptly notify the Commissioner of Public Safety of the violation.

(2) The Commissioner of Public Safety of the State of Mississippi, acting through the sheriffs of the several counties and the chiefs of police of the several municipalities, shall annually conduct random, unannounced inspections at locations where tobacco products are sold or distributed to ensure compliance with Section 97-5-25 and this act. Persons under the age of eighteen (18) years may be enlisted by such sheriffs or chiefs of police to test compliance with Section 97-5-25 or this act; provided, however, that such persons may be used to test compliance with Section 97-5-25 and this act only if the testing is conducted under the direct supervision of such sheriffs or chiefs of police, and written parental consent has been provided and after receipt from the sheriff or chief of police by the consenting parent of written detailed information as to the duties which such persons under age of eighteen (18) will be asked to perform and the methods and procedures to be employed in carrying out such duties. Any other use of persons under the age of eighteen (18) years to test compliance with Section 97-5-25 and this act or any other prohibition of like or similar import shall be unlawful. The Commissioner of Public Safety shall prepare annually for submission by the Governor to the Secretary of the United States Department of Health and Human Services the report required by Section 1926 of subpart 1 of part B of Title XIX of the Federal Public Health Service Act (42 USCG x-26). The report shall after being approved by the Governor be promptly transmitted to the Secretary of the United States Department of Health and Human Services.

SECTION 2. Section 97-5-45, Mississippi Code of 1972, is amended as follows:

97-5-45. (1) Every person engaged in the business of selling tobacco products at retail shall notify each individual employed by that person as a retail sales clerk that state law (a) prohibits the sale or distribution of tobacco products, including samples, to any person under eighteen (18) years of age and the purchase or receipt of tobacco products by any person under eighteen (18) years of age, and (b) requires that proof of age be demanded from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser or recipient may be under the age of eighteen (18) years. Every person employed by a person engaged in the business of selling tobacco products at retail shall sign an agreement with his employer in substantially the following form:

"I understand that state law prohibits the sale or distribution of tobacco products to persons under the age of eighteen (18) years and out-of-package sales, and requires that proof of age be demanded from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser or recipient may be under the age of eighteen (18) years. I promise, as a condition of my employment, to observe this law."

(2) Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be fined not less than Twenty Dollars ($20.00) nor more than One Hundred Dollars ($100.00).

(3) Every person engaged in the business of selling tobacco products at retail who fails to comply with the provisions of subsection (1) or who fails to reasonably ensure compliance with the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00).

SECTION 3. This act shall take effect and be in force from and after July 1, 1997.