Adopted
AMENDMENT NO 2 PROPOSED TO
Senate Bill No. 2596
BY: Representative Bain
AMEND by deleting lines 113 through 804 and inserting in lieu thereof, the following:
SECTION 2. The following shall be codified as Section 97-32-52, Mississippi Code of 1972:
97-32-52. (1) It shall be unlawful for any person who is in, on or within One Thousand Five Hundred (1,500) feet of a building or outbuilding which is all or part of educational property as defined by Section 97-37-17 to sell or furnish an alternative nicotine product as defined by Section 97-32-51, or any cartridge, component, liquid, capsule or powder thereof to any individual under twenty-one (21) years of age. Each violation of the provisions of this section shall be treated as a separate offense.
(2) Upon conviction for violation of the provisions in subsection (1), the offender shall be punished as follows:
(a) For a first offense, a fine of Five Hundred Dollars ($500.00), and no more than twenty (20) hours of community service;
(b) For a second offense, a fine of One Thousand Dollars ($1000.00), and no more than thirty (30) hours of community service;
(c) For a third offense or subsequent offense, a fine of One Thousand Five Hundred Dollars ($1500.00), and no more than fifty (50) hours of community service.
(3) If the alternative nicotine product as defined in this act contains any controlled substance that is otherwise prohibited by law, or any other substance that causes the recipient of such to require emergency medical care as a result of using the product, the penalty, upon conviction for such, shall be treble the fines and community service described in subsection (2) of this section, plus any other penalty provided by law for the sale, use, possession or furnishing of the controlled substance or other substance to a person.
(4) Any person who violates this section in, on or within One Thousand (1,000) feet of any church, public park, ballpark, public gymnasium, youth center or movie theater shall be punished, upon conviction for such violation, with treble the fines and community service described in subsection (2) of this section.
SECTION 3. Section 97-32-51, Mississippi Code of 1972, is amended as follows:
97-32-51. (1) For the purposes of this section:
(a) (i) "Alternative nicotine product" means:
1. An
electronic cigarette; * * *
2. Any other
product that consists of or contains nicotine that can be ingested into the
body by chewing, smoking, absorbing, dissolving, inhaling or by any other means * * *;
3. Any electronic device, cartridge component, liquid, capsule or powder thereof used to refill or resupply an electronic device that can be used to deliver nicotine to an individual inhaling from the device, including, but not limited to, liquid, powder or capsule; or
4. An electronic cigar or cigarillo.
(ii) Alternative nicotine product does not include:
1. A cigarette or other tobacco product as defined in Section 97-32-3;
2. A product that is a drug under 21 USCS 321(g)(1);
3. A product that is a device under 21 USCS 321(h); or
4. A combination product described in 21 USCS 353(g).
(b) (i) "Electronic cigarette" means an electronic product or device that produces a vapor that delivers nicotine or other substances to the person inhaling from the device to simulate smoking, and is likely to be offered to, or purchased by, consumers as an electronic cigarette, electronic cigar, electronic cigarillo or electronic pipe.
(ii) Electronic cigarette does not include:
1. A cigarette or other tobacco products as defined in Section 97-32-3;
2. A product that is a drug under 21 USCS 321(g)(1);
3. A product that is a device under 21 USCS 321(h); or
4. A combination product described in 21 USCS 353(g).
(2) No person, either
directly or indirectly by an agent or employee, or by a vending machine owned
by the person or located in the person's establishment, shall sell, offer for
sale, give or furnish any alternative nicotine product, or any cartridge * * *, component * * *, liquid,
capsule or powder thereof, to an individual under * * * twenty-one (21) years of
age. The penalties described in this subsection shall be treble the fines
described in this section, plus any other penalty provided by law for the sale,
use, possession, or furnishing of the controlled substance or other substance
to a person, if the alternative nicotine product contains any controlled
substance that is otherwise prohibited by law, or any other substance that
causes the recipient of such to require emergency medical care as a result of
using the product. Each violation of the provisions of this section shall be
treated as a separate offense. A violation of this subsection is
punishable as follows:
(a) By a fine of * * * Two Hundred Fifty
Dollars ($250.00) for a first offense;
(b) By a fine of * * * Five
Hundred Dollars ($500.00) for a second offense; and
(c) By a fine of * * * One Thousand
Dollars ($1000.00) for a third or subsequent offense.
(3) Before selling,
offering for sale, giving or furnishing an alternative nicotine product, or any
cartridge * * *,
component * * * liquid, capsule or powder thereof,
to an individual, a person shall verify that the individual is at least * * * twenty-one (21) years of
age by:
(a) Examining from any
individual that appears to be under twenty-seven (27) years of age a government-issued
photographic identification that establishes the individual is at least * * * twenty-one (21) years of
age; or
(b) For sales made
through the Internet or other remote sales methods, performing an age
verification through an independent, third-party age verification service that
compares information available from public records to the personal information
entered by the individual during the ordering process that establishes the
individual is * * * twenty-one (21) years of age or older.
SECTION 4. Section 97-32-9, Mississippi Code of 1972, is amended as follows:
97-32-9. No person under * * * twenty-one (21) years of
age shall purchase any tobacco or alternative nicotine product. No
student of any high school, junior high school or elementary school shall possess
tobacco or alternative nicotine on any educational property as defined
in Section 97-37-17.
(a) If a person under * * * twenty-one (21) years of
age is found by a court to be in violation of any other statute and is also
found to be in possession of a tobacco or alternative nicotine product,
the court * * * shall punish the minor
as follows:
(i) For a first offense, pay a fine of One Hundred Dollars ($100.00), and perform no more than fifteen (15) hours of community service;
(ii) For a second offense, a fine of Three Hundred Dollars ($300.00), and no more than twenty-five (25) hours of community service;
(iii) For a third offense or subsequent offense, a fine of Five Hundred Dollars ($500.00), and no more than forty (40) hours of community service.
(b) A violation under this section is not to be recorded on the criminal history of the minor and, upon proof of satisfaction of the court's order, the record shall be expunged from any records other than youth court records.
SECTION *. Section 97-32-7, Mississippi Code of 1972, is brought forward as follows:
97-32-7. (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 the prospective purchaser or recipient is 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 or similar form:
"I understand that state and federal law prohibit 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 under eighteen (18) years of age if the individual is not known to the seller, barterer, deliverer or giver of the tobacco product to be over 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 penalized not less than Fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00).
(3) No retailer who instructs his employee as provided in this section shall be liable for any violations committed by such employees.
AMEND FURTHER THE TITLE TO CONFORM