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 EDUCATIONAL PROPERTY AND TO PRESCRIBE CRIMINAL PENALTIES FOR VIOLATION 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.

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 educational property as defined in Section 97-37-17, Mississippi Code of 1972. Any adult who violates this section shall be guilty of a misdemeanor 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.