MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary B

By: Representatives McBride, Short, Davis (7th), Barnett (92nd), Stribling

AN ACT TO CREATE THE MISSISSIPPI JUVENILE TOBACCO ACCESS AND PREVENTION ACT OF 1997; TO DEFINE CERTAIN TERMS; TO PROHIBIT THE SALE OR TRANSFER OF TOBACCO PRODUCTS TO PERSONS UNDER NINETEEN YEARS OF AGE AND TO PROVIDE PENALTIES FOR VIOLATIONS THEREOF; TO REQUIRE RETAILERS TO NOTIFY EMPLOYEES REGARDING STATE LAW REGULATING TOBACCO SALES; TO REQUIRE EMPLOYEES TO SIGN AN AGREEMENT REGARDING SUCH STATE LAW; TO PROHIBIT JUVENILES FROM PURCHASING OR POSSESSING TOBACCO PRODUCTS AND TO PROVIDE PENALTIES FOR VIOLATIONS THEREOF; TO REQUIRE THE POSTING OF WARNING SIGNS REGARDING THE SALE OF TOBACCO TO JUVENILES; TO PROHIBIT THE MISREPRESENTATION OF AGE; TO PROHIBIT THE USE OF TOBACCO VENDING MACHINES AND TO PROHIBIT THE USE OF SELF-SERVICE DISPLAYS OF TOBACCO IN RETAIL OUTLETS AND TO PROVIDE PENALTIES FOR VIOLATIONS THEREOF; TO PROHIBIT THE DISTRIBUTION OF TOBACCO PRODUCTS OTHER THAN IN SEALED PACKAGES AND TO PROVIDE PENALTIES FOR VIOLATIONS THEREOF; TO PROHIBIT THE TRANSFER OF TOBACCO PRODUCTS FROM DISTRIBUTORS OR WHOLESALERS TO PERSONS NOT POSSESSING A VALID TOBACCO PERMIT AND TO PROVIDE PENALTIES FOR VIOLATIONS THEREOF; TO AUTHORIZE LOCAL REGULATIONS IF SUCH REGULATION IS AT LEAST AS STRINGENT AS THE PROVISIONS OF THIS ACT; TO AMEND SECTION 27-69-5, MISSISSIPPI CODE OF 1972, TO REVISE THE DATE OF EXPIRATION OF TOBACCO PERMIT; TO AMEND SECTION 27-69-7, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR TOBACCO RETAILER LICENSE FEES; TO AMEND SECTION 27-69-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT TOBACCO PERMITS MAY BE REVOKED FOR VIOLATIONS OF THIS ACT; TO AMEND SECTION 43-21-159, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT VIOLATIONS OF THIS ACT SHALL NOT BE UNDER THE JURISDICTION OF THE YOUTH COURT; TO AMEND SECTION 45-37-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE RANDOM INSPECTIONS WHERE TOBACCO PRODUCTS ARE SOLD TO ENSURE COMPLIANCE WITH THIS ACT; TO AMEND SECTION 63-1-55, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE SUSPENSION OF A MINOR'S DRIVER'S LICENSE FOR VIOLATIONS OF THIS ACT; TO REPEAL SECTIONS 45-37-1, 45-37-3 AND 45-37-5, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE TITLE AND INTENT OF THE PREVENTION OF YOUTH ACCESS TO TOBACCO ACT; TO REPEAL SECTIONS 97-5-25, 97-5-43, 97-5-45, 97-5-47 AND 97-27-35, MISSISSIPPI CODE OF 1972, WHICH REGULATE THE SALE OF TOBACCO TO MINORS AND THE SALE OF TOBACCO NOT IN SEALED CONTAINERS; AND FOR RELATED PURPOSES. 

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

SECTION 1. The Legislature finds that the use of tobacco products is harmful to the health of the user and nonuser of the product. Tobacco use has been found to cause cancer, heart disease, and emphysema and is responsible for more than four hundred thousand (400,000) deaths per year. Nearly one (1) in five (5) deaths in the United States is attributable to tobacco use. The toll of deaths attributable to tobacco use is greater than the combined toll of deaths from AIDS, car accidents, alcohol, suicides, homicides, fires, and illegal drugs.

Furthermore, the Legislature finds that the Surgeon General reports that tobacco use begins early, with ninety percent (90%) of smokers beginning before the age of eighteen (18). Tobacco industry advertising targets children as the replacement smokers for the one thousand one hundred forth-five (1,145) adults who die daily from tobacco product usage. Three thousand (3,000) children under the age of nineteen (19) start smoking every day. One (1) out of every three (3) teenagers that start smoking will eventually die from smoking-related illness.

The Legislature further finds that despite the fact that sales of tobacco to minors are illegal in all fifty (50) states, according to a study published in the American Journal of Public Health, an estimated two million five hundred thousand (2,500,000) packs of cigarette are sold illegally to minors every year in the United States. The Center for Disease Control reports that in 1995, high school student smoking rates have soared to thirty-four and eight-tenths percent (34.8%). Approximately seventy percent (70%) of the Mississippi high school seniors who will start smoking today will become the addicted adult smokers of tomorrow.

According to the Center for Disease Control, smoking-related direct medical costs to Mississippi taxpayers was Two Hundred Sixty-four Million Dollars ($264,000,000.00) in 1990. This is an ongoing, escalating, financial burden borne by every business, large and small, and every person, smoker and nonsmoker, in Mississippi. This is a health and economic drain created by each new generation of children who begins to use tobacco products and becomes addicted to nicotine. Therefore, it is the intent of this legislation to preserve and protect the health of children by (a) stopping the illegal sale of tobacco to children and (b) by punishing those who disregard the laws relating to the illegal sale of tobacco products to children.

SECTION 2. This act shall be known and cited as the "Mississippi Juvenile Tobacco Access and Prevention Act of 1997."

SECTION 3. The following words and phrases shall have the meanings ascribed herein, unless the context clearly indicates otherwise:

(a) "Dealer" means every person, firm, corporation, or association of persons, except retailers as defined herein, who manufacture tobacco for distribution, for sale, for use, or for consumption in the State of Mississippi.

(b) "Person" means any natural person.

(c) "Photographic identification" means any government issued card that includes a photograph of the person seeking to purchase tobacco products and that is accepted as proof of age under Mississippi law.

(d) "Point of sale" means a store, stand, or any other place of business or point of distribution maintained by a seller from which tobacco products are made available for sale or distribution to consumers.

(e) "Retailer" shall include every company, corporation, partnership, business association, joint venture, estate, trust, or any other combination acting as a unit or legal entity other than a wholesale dealer as defined below, whose business is that of selling merchandise at retail, who shall sell, or offer for sale, tobacco to the consumer.

(f) "Seller" means any natural person, company, corporation, firm, partnership, organization, or other legal entity, who sells, dispenses, distributes, or issues tobacco products for commercial purposes.

(g) "Tobacco product" means any substance that contains tobacco, including, but not limited to, cigarettes, cigars, pipes, snuff, smoking tobacco, or smokeless tobacco.

(h) "Wholesaler" shall include dealers whose principal business is that of wholesale dealer or jobber, who is known to the retail trade as such, and whose place of business is located in Mississippi or in a state which affords reciprocity to wholesalers domiciled in Mississippi, who shall sell any taxable tobacco to retail dealers only for the purpose of resale.

(i) "Retailer Tobacco Prevention Education Program" shall include any program authorized by the Attorney General that teaches and informs retailers and wholesalers about the laws regarding youth access to tobacco products.

SECTION 4. It shall be unlawful for any person, retailer or wholesaler, to sell, barter, deliver, or give tobacco products to any individual under nineteen (19) years of age unless the retailer or wholesaler holds a license to sell tobacco under Section 27-69-1 et seq.

It shall be an affirmative defense that the person selling, bartering, delivering, or giving tobacco products to an individual under nineteen (19) years of age in violation of this act had requested and examined a government-issued photographic identification from such person establishing their age as at least nineteen (19) years prior to selling such person a tobacco product. The failure of a seller, barterer, deliverer, or giver of tobacco goods to request and examine photographic identification from a person, who reasonably appears under twenty-six (26) years of age prior to the sale of a tobacco product to such person shall be construed against the seller, barterer, deliverer, or giver and form a conclusive basis for the seller's violation of this section.

Any person who violates this section shall be liable for a penalty upon conviction of Fifty Dollars ($50.00) for the first violation, a penalty of Seventy-five Dollars ($75.00) for a conviction of a second violation, and for all convictions of subsequent violations, a penalty of One Hundred Fifty Dollars ($150.00).

Any retailer or wholesaler found in violation of this section shall be issued a citation and sent notification of this citation by registered mail by the law enforcement agency issuing the citation. Notification shall include the opportunity for hearing before the appropriate court of jurisdiction. For conviction of the first violation, the retailer or wholesaler shall be sent a warning letter informing him of the retailer's responsibility in the retailing of tobacco products. For conviction of a second violation, the retailer or wholesaler or their designee shall be required to enroll and complete a retailer tobacco education program. For all subsequent violations of this section by any retailer or wholesaler, the retailer's or wholesaler's permit issued pursuant to Section 27-69-1 et seq. may be revoked or suspended for a period of at least one (1) year after notice and opportunity for hearing. If such permit is revoked by the Tax Commission, the retailer or wholesaler may not reapply for a permit to sell tobacco for a period of up to one (1) year. For the purposes of this section, subsequent violations must be committed at the same place of business.

It is the responsibility of all law enforcement officers and law enforcement agencies of this state to ensure that this act is enforced.

It shall not be considered a violation of this section for any law enforcement officer of this state to use persons under nineteen (19) years of age to purchase or attempt to purchase tobacco products for the purpose of monitoring compliance with this section, as long as those persons are supervised by duly authorized law enforcement agency officials.

Any law enforcement agency conducting enforcement efforts undertaken pursuant to this act shall prepare a report as prescribed by the Attorney General's office which includes the number of unannounced inspections conducted by the agency, a summary of enforcement actions taken pursuant to this act, the name and permit number of the retailer or wholesaler issued pursuant to Section 27-69-1 et seq., and final judicial disposition on all enforcement actions. Reports shall be forwarded to the Attorney General's office within twenty (20) working days of the final judicial disposition.

On notification from local law enforcement that a distributor, wholesaler, dealer, or retailer has committed a violation of this act which warrants a revocation of their permit, the Attorney General's office shall notify the State Tax Commission in writing within twenty (20) working days.

In accordance with the procedures of Section 27-69-9, the State Tax Commissioner shall initiate revocation procedures of the distributor's, wholesaler's, dealer's, or retailer's permit. The Office of the Attorney General shall provide legal assistance to the Tax Commission in revocation procedures when requested by the Tax Commission.

SECTION 5. (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 nineteen (19) years of age and the purchase or receipt of tobacco products by any person under nineteen (19) years of age and (b) requires that proof of age be demanded from a prospective purchaser or recipient if a reasonable person would conclude on the basis of appearance that the prospective purchaser or recipient may be under the age of twenty-six (26) years of age. 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 nineteen (19) years and out-of-package sales and requires that proof of age be demanded from a prospective purchaser or recipient if a reasonable person would conclude on the basis of appearance that the prospective purchaser or recipient may be under the age of twenty-six (26) years. I promise, as a condition of my employment, to observe this law."

(2) Any person violating the provisions of this section may be penalized not less than Fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00).

SECTION 6. No person under nineteen (19) years of age shall purchase or possess any tobacco product. Any person under nineteen (19) years of age who violates this section shall be issued a citation and summons. Copies of the notice of a citation may be sent by registered mail to the parent or guardian by law of the minor by law enforcement officers issuing the citation or law enforcement officials may contact the minor's parent or guardian by either telephone or in person.

Conviction of the citation shall be a penalty of nor more than Seventy-five Dollars ($75.00) or up to twenty-five (25) hours of community service and participation in an educational program addressing the risks of tobacco consumption, where available.

For a subsequent violation of this section, a citation shall be issued with a notice of citation and summons. Copies of the notice of a citation may be sent by registered mail to the parent or guardian of the minor by the law enforcement agency issuing the citation or appropriate law enforcement officials may contact the minor's parent or guardian by either telephone or in person.

Conviction of subsequent citations shall include a penalty of not more than One Hundred Fifty Dollars ($150.00) or up to seventy-five (75) yours of community service and participation in an educational program addressing the risks of tobacco consumption, where available.

SECTION 7. Point of sale warning signs are required, and each seller shall place and maintain in legible condition, at each point of sale of tobacco products to consumers, a sign no smaller than eight and one-half (8-1/2) by eleven (11) square inches stating: "STATE LAW PROHIBITS THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE OF 19 YEARS. PROOF OF AGE REQUIRED."

Any person who violates this section shall be punished by a penalty of not more than One Hundred Dollars ($100.00).

SECTION 8. Any person under the age of nineteen (19) years who falsely states he is nineteen (19) years of age or older or presents any document that indicates he is nineteen (19) years of age or older for the purpose of purchasing or possessing any tobacco or tobacco product shall be penalized not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00) and/or required to complete at least thirty (30) days community service.

SECTION 9. It shall be unlawful for any person to sell tobacco products through a vending machine.

SECTION 10. No retailer shall allow customers to acquire tobacco products through open displays of tobacco products or by any other means without the intervention of a store employee.

A retailer who is in violation of this section shall be liable for a penalty of One Hundred Dollars ($100.00) for the first violation and/or enrollment in a retailer tobacco education prevention program, not more than Two Hundred Dollars ($200.00) for a second violation, and a penalty of Three Hundred Dollars ($300.00) for all subsequent violations.

In addition, for a third and all subsequent violations, any retailer in possession of a permit to sell tobacco products found violating this section may have their permit suspended or revoked under the provisions of Section 27-69-1 et seq. for a period of one (1) year after notice and opportunity for a hearing. For the purposes of this section, subsequent violations must be committed at the same place of business.

SECTION 11. No retailer shall distribute tobacco products for commercial purposes other than in a sealed package provided by the manufacturer with the required health warning. A retailer who is in violation of this section shall be liable for a penalty not more than One Hundred Dollars ($100.00) for the first violation and/or enrollment in a retailer tobacco education prevention program, not more than Two Hundred Dollars ($200.00) for a second violation, and a penalty of Three Hundred Dollars ($300.00) for subsequent violations.

In addition, for a third and all subsequent violations, any retailer in possession of a permit to sell tobacco products found violating this section may have their permit suspended or revoked under the provisions of Section 27-69-1 et seq for a period of one (1) year after notice and opportunity for a hearing. For the purposes of this section, subsequent violations must be committed at the same place of business.

SECTION 12. No distributor or wholesaler of tobacco products shall sell, distribute, deliver, or in any other manner transfer any tobacco products for sale at retail to any person not possessing a valid tobacco permit under Section 27-69-1 et seq.

Any distributor or wholesaler who violates this section shall be liable for a penalty of up to Two Hundred Fifty Dollars ($250.00) for a first offense. For a second offense, any distributor or wholesaler shall be liable for a penalty of up to Five Hundred Dollars ($500.00). For all subsequent offenses, the distributor or wholesaler may become ineligible to hold a tobacco distributor's permit for a period of at least one (1) year under Section 27-69-1 et seq. and shall be liable for a penalty of One Thousand Dollars ($1,000.00).

SECTION 13. If any section or provisions of this act is held invalid, such invalidity shall not affect other sections or provisions of this act, which can be given force and effect without the invalidated section or provision.

SECTION 14. Nothing in this act shall restrict the power or authority of any county or municipality to adopt and enforce additional local ordinances or regulations that are at least as stringent as those set forth in this act.

SECTION 15. Section 27-69-5, Mississippi Code of 1972, is amended as follows:

27-69-5. Every distributor, wholesaler or dealer who desires to become engaged in the sale or use of tobacco upon which a tax is required to be paid shall file with the commissioner an application for a permit to engage in such business. The application for a permit shall be filed on blanks to be furnished by the commissioner for that purpose. The application must be subscribed and sworn to by the person owning the business, or having an ownership interest therein. If the applicant is a corporation, a duly authorized agent shall execute the application. The application shall show the name of such person, and in case of partnership, the name of each partner thereof, the person's post office address, the location of the place of business to which the permit shall apply, and the nature of the business in which engaged, and any other information the commissioner may require. No distributor, wholesaler or dealer shall sell any tobacco until such application has been filed, the prescribed permit fee paid, and the permit obtained. Said permit shall expire on January 31 of each year.

An application shall be filed, and a permit obtained for each place of business owned or operated by each distributor, wholesaler or dealer.

Upon receipt of the application and permit fee hereinafter provided for, the commissioner may issue to every distributor, wholesaler or dealer, for the place of business designated, a nonassignable permit, authorizing the sale or use of tobacco in the state. Said permit shall provide that the same is revocable, and shall be forfeited, or suspended upon violation of any provision of this chapter, or any rule or regulation adopted by the commissioner or violations of the Mississippi Juvenile Tobacco Access and Prevention Act of 1997. If such permit is revoked or suspended, said distributor, wholesaler or dealer shall not sell any tobacco from such place of business until a new permit is granted, or the suspension of the old permit removed.

A permit cannot be transferred from one person to another, and the permit shall at all times be publicly displayed by the distributor, wholesaler or dealer in his place of business so as to be seen easily by the public. A permit may be refused to any person previously convicted of violations of this chapter.

SECTION 16. Section 27-69-7, Mississippi Code of 1972, is amended as follows:

27-69-7. In addition to the excise tax on each person selling, using, consuming, handling or distributing tobacco as hereinafter provided, it is hereby made the duty of the commissioner to collect a privilege tax of One Hundred Dollars ($100.00) for each permit issued to every distributor, wholesaler or dealer doing business in this state and a privilege tax of Twenty-five Dollars ($25.00) for each permit issued to a retailer.

Foreign manufacturers, wholesalers, or distributors may secure a permit from the commissioner, upon the payment of a fee of One Hundred Dollars ($100.00), and shall agree in an application sworn to and certified, that the excise tax shall be paid on all shipments of taxable tobacco into the State of Mississippi, that the required tax stamps shall be affixed to cigarettes, and that the commissioner, or his authorized agent, shall be permitted to inspect and audit their records of tobacco shipments into the State of Mississippi at any and all reasonable times. Foreign retailers may secure a permit from the commissioner upon the payment of a fee of Twenty-five Dollars ($25.00).

It is further provided that any person who engages in any business for which a permit is required by this chapter, before procuring a permit, or after the permit is cancelled, shall be guilty of a misdemeanor, and punishable by a fine of not exceeding Five Hundred Dollars ($500.00), nor less than Fifty Dollars ($50.00).

SECTION 17. Section 27-69-9, Mississippi Code of 1972, is amended as follows:

27-69-9. In addition to the penalties imposed in this chapter, after the second offense for any violation, the commissioner may revoke any permit which may have been issued to any person, or persons, violating any provisions of this chapter, or any rules or regulations promulgated by the commissioner under authority of this chapter, after giving such person ten (10) days' notice in writing of his intention to revoke such permit. * * *

In addition, after the commissioner is notified of violations that warrant revocation of a permit under the Mississippi Juvenile Tobacco Access and Prevention Act of 1997, the commissioner may revoke or suspend any permit which may have been issued to any person or persons under the authority of this chapter, after giving such person ten (10) days' notice, in writing, of his intention to revoke or suspend such permit.

The commissioner, in the event a permit is revoked, is required to notify by letter, all manufacturers, wholesalers and distributors having a permit required by this chapter, that such permit has been revoked, and such manufacturer, wholesaler and distributor is henceforth prohibited from selling taxable tobacco to such dealer.

SECTION 18. Section 43-21-159, Mississippi Code of 1972, is amended as follows:

43-21-159. (1) When a person appears before a court other than the youth court, and it is determined that the person is a child under jurisdiction of the youth court, such court shall, unless the jurisdiction of the offense has been transferred to such court as provided in this chapter, or unless the child has previously been the subject of a transfer from the youth court to the circuit court for trial as an adult and was convicted, immediately dismiss the proceeding without prejudice and forward all documents pertaining to the cause to the youth court; and all entries in permanent records shall be expunged. The youth court shall have the power to order and supervise the expunction or the destruction of such records in accordance with Section 43-21-265. The youth court is authorized to expunge the record of any case within its jurisdiction in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped or there was no disposition of such case. In cases where the child is charged with a hunting or fishing violation or a traffic violation whether it be any state or federal law, a violation of the Mississippi Implied Consent Law, or municipal ordinance or county resolution or where the child is charged with a violation of Section 67-3-70, or where the child is charged with a violation of the Mississippi Juvenile Tobacco Access and Prevention Act of 1997, the appropriate criminal court shall proceed to dispose of the same in the same manner as for other adult offenders and it shall not be necessary to transfer the case to the youth court of the county. Unless the cause has been transferred, or unless the child has previously been the subject of a transfer from the youth court to the circuit court for trial as an adult, except for violations under the Implied Consent Law, and was convicted, the youth court shall have power on its own motion to remove jurisdiction from any criminal court of any offense including a hunting or fishing violation, a traffic violation, or a violation of Section 67-3-70, committed by a child in a matter under the jurisdiction of the youth court and proceed therewith in accordance with the provisions of this chapter.

(2) After conviction and sentence of any child by any other court having original jurisdiction on a misdemeanor charge, and within the time allowed for an appeal of such conviction and sentence, the youth court of the county shall have the full power to stay the execution of the sentence and to release the child on good behavior or on other order as the youth court may see fit to make unless the child has previously been the subject of a transfer from the youth court to the circuit court for trial as an adult and was convicted. When a child is convicted of a misdemeanor and is committed to, incarcerated in or imprisoned in a jail or other place of detention by a criminal court having proper jurisdiction of such charge, such court shall notify the youth court judge or the judge's designee of the conviction and sentence prior to the commencement of such incarceration. The youth court shall have the power to order and supervise the destruction of any records involving children maintained by the criminal court in accordance with Section 43-21-265. However, the youth court shall have the power to set aside a judgment of any other court rendered in any matter over which the youth court has exclusive original jurisdiction, to expunge or destroy the records thereof in accordance with Section 43-21-265, and to order a refund of fines and costs.

(3) Nothing in subsections (1) or (2) shall apply to a youth who has a pending charge or a conviction for any crime over which circuit court has original jurisdiction.

(4) In any case wherein the defendant is a child as defined in this chapter and of which the circuit court has original jurisdiction, the circuit judge, upon a finding that it would be in the best interest of such child and in the interest of justice, may at any stage of the proceedings prior to the attachment of jeopardy transfer such proceedings to the youth court for further proceedings unless the child has previously been the subject of a transfer from the youth court to the circuit court for trial as an adult and was convicted or has previously been convicted of a crime which was in original circuit court jurisdiction, and the youth court shall, upon acquiring jurisdiction, proceed as provided in this chapter for the adjudication and disposition of delinquent child proceeding proceedings. If the case is not transferred to the youth court and the youth is convicted of a crime by any circuit court, the trial judge shall sentence the youth as though such youth was an adult. The circuit court shall not have the authority to commit such child to the custody of the Department of Youth Services for placement in a state-supported training school.

(5) In no event shall a court sentence an offender over the age of eighteen (18) to the custody of the Division of Youth Services for placement in a state-supported training school.

(6) When a child's driver's license is suspended by the youth court for any reason, the clerk of the youth court shall report the suspension, without a court order under Section 43-21-261, to the Commissioner of Public Safety in the same manner as such suspensions are reported in cases involving adults.

(7) No offense involving the use or possession of a firearm by a child who has reached his fifteenth birthday and which, if committed by an adult would be a felony, shall be transferred to the youth court.

SECTION 19. Section 45-37-7, Mississippi Code of 1972, is amended as follows:

45-37-7. The Attorney General's office shall at least annually conduct random, unannounced inspections at locations where tobacco products are sold or distributed to ensure compliance with the Mississippi Juvenile Tobacco Access and Prevention Act of 1997. Persons under the age of nineteen (19) years may be enlisted by such organization authorized by the Attorney General's office; provided, however, that such persons may be used to test compliance of the Mississippi Juvenile Tobacco Access and Prevention Act of 1997. Written parental or guardian consent must be provided. The Attorney General's office must prepare a report of the findings and report these findings to the Department of Health. The Department of Health 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 USCS 300x-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 20. Section 63-1-55, Mississippi Code of 1972, is amended as follows:

63-1-55. A trial judge, in his discretion, if the person so convicted or who has entered a plea of guilty for violations of the Mississippi Juvenile Tobacco Access and Prevention Act of 1997, any traffic violation, except the offenses enumerated in paragraphs (a) through (e) of subsection (1) of Section 63-1-51 and violations of the Implied Consent Law and the Uniform Controlled Substances Law, is a minor and dependent upon and subject to the care, custody and control of his parents or guardian, may, in lieu of the penalties otherwise provided by law and the provision of said section, suspend such minor's driver's license by taking and keeping same in custody of the court for a period of time not to exceed ninety (90) days. The judge so ordering such suspension shall enter upon his docket "DEFENDANT'S DRIVER'S LICENSE SUSPENDED FOR ______ DAYS IN LIEU OF CONVICTION" and such action by the trial judge shall not constitute a conviction. The trial judge also may require the minor to successfully complete a defensive driving course approved by the judge as a condition of the suspension. Costs of court and penalty assessment for driver education and training program may be imposed in such actions within the discretion of the court. Should a minor appeal, in the time and manner as by law provided, the decision whereby his license is suspended, the trial judge shall then return said license to the minor and impose the fines and/or penalties that he would have otherwise imposed and same shall constitute a conviction.

SECTION 21. Sections 45-37-1, 45-37-3 and 45-37-5, Mississippi Code of 1972, which provide for the title and intent of the prevention of Youth Access to Tobacco Act, are repealed.

SECTION 22. Sections 97-5-25, 97-5-43, 97-5-45, 97-5-47 and 97-27-35, Mississippi Code of 1972, which regulate the sale of tobacco to minors and the sale of tobacco not in sealed containers, are repealed.

SECTION 23. This act shall take effect and be in force from and after July 1, 1997.