MISSISSIPPI LEGISLATURE

2002 Regular Session

To: Judiciary

By: Senator(s) Turner

Senate Bill 2640

AN ACT TO REPEAL SECTION 45-37-5, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE ENFORCEMENT AND SUPREMACY OF STATE LAW OVER LOCAL LAW OF A CHAPTER THAT HAS BEEN REPEALED IN ITS ENTIRETY EXCEPT FOR THIS SECTION; TO AMEND SECTION 97-32-2, MISSISSIPPI CODE OF 1972, TO SPECIFY THAT THE INTENT OF THE LEGISLATURE INCLUDES ENSURING ELIGIBILITY FOR FEDERAL FUNDS IN THE EFFORT TO RESTRICT JUVENILE ACCESS TO TOBACCO; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 45-37-5, Mississippi Code of 1972, which provides for the enforcement and supremacy of state law over local law of a chapter that has been repealed in its entirety except for this section, is repealed.

     SECTION 2.  Section 97-32-2, Mississippi Code of 1972, is amended as follows:

     97-32-2.  It is the intent of the Legislature that enforcement of this chapter be implemented in an equitable manner throughout the state so as to ensure the eligibility for and receipt of any federal funds or grants that the State of Mississippi now receives or may receive relating to the provisions of this chapter.  The provisions of Sections 97-32-5, 97-32-7, 97-32-11, 97-32-15, 97-32-17, 97-32-19 and 97-32-21 shall supersede any existing or subsequently enacted local law, ordinance or regulation which relates to the sale, promotion and distribution of tobacco and tobacco products.

     SECTION 3.  This act shall take effect and be in force from and after its passage.