MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Judiciary B

By: Representative Moody

AN ACT TO CODIFY SECTIONS 97-32-25, 97-32-27 AND 97-32-29, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE USE OF TOBACCO BY ADULTS ON CERTAIN SCHOOL PROPERTY AND TO PRESCRIBE FINES FOR VIOLATIONS THEREOF; AND FOR RELATED PURPOSES.

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

SECTION 1. The following provision shall be codified as Section 97-32-25, Mississippi Code of 1972:

97-32-25. This act shall be known and cited as "Mississippi Adult Tobacco Use on Educational Property Act of 2000."

SECTION 2. The following provision shall be codified as Section 97-32-27, Mississippi Code of 1972:

97-32-27. (1) "Adult" means any natural person, age eighteen (18) years old.

(2) "Minor" means any natural person under the age of eighteen (18) years old.

(3) "Person" means any natural person.

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

(5) "School property" means any public or private school building or bus, public or private school campus, grounds, recreational area, athletic field, or other property owned, used or operated by any local school board, school, or directors for the administration of any public or private educational institution or during a school-related activity; provided, however, that the term "school property" shall not include any sixteenth section school land. School property shall not include property owned or operated by the state institutions of higher learning or the public community and junior colleges.

SECTION 3. The following provision shall be codified as Section 97-32-29, Mississippi Code of 1972:

97-32-29. No person shall use any tobacco product on any school property as defined in Section 2 of this act. Any adult who violates this section shall be subject to a fine and shall be liable as follows: (a) for a first conviction, a fine of Fifty Dollars ($50.00); (b) for a second conviction, fine of Seventy-five Dollars ($75.00); and (c) for all subsequent convictions, a fine of One Hundred Fifty Dollars ($150.00) shall be imposed.

Any adult found in violation of this section shall be issued a citation by the law enforcement agency issuing the citation. Notification shall include the opportunity for hearing before the appropriate court. For the purposes of this section, "subsequent violations" are those committed on any educational property within the State of Mississippi.

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

SECTION 4. This act shall take effect and be in force from and after July 1, 2000.