Senate Bill 2859

(As Passed the Senate)

AN ACT TO PROHIBIT THE SALE OR DISTRIBUTION OF NOVELTY LIGHTERS IN MISSISSIPPI; TO PROVIDE DEFINITIONS; TO PROVIDE FOR ENFORCEMENT OF THIS ACT; TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS OF THIS ACT; TO CREATE NEW SECTION 9-13-125, MISSISSIPPI CODE OF 1972, TO CREATE THE MISDEMEANOR OF PRACTICING COURT REPORTING WITHOUT A LICENSE OR TEMPORARY PERMIT; TO AMEND SECTION 9-13-123, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

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

SECTION 1. Definition. For purposes of this act, "novelty lighter" means a mechanical or electrical device typically used for lighting cigarettes, cigars or pipes, grills, fireplaces, campfires or campfire stoves that is designed to resemble a cartoon character, toy, gun, watch, musical instrument, vehicle, animal, food or beverage, or similar articles, or that plays musical notes, or has flashing lights for entertainment or has other entertaining features. A novelty lighter may operate on any fuel, including butane, isobutane or liquid fuel. "Novelty lighter" does not include:

(a) A lighter manufactured prior to January 1, 1980;

(b) A lighter incapable of being fueled or lacking a device necessary to produce combustion or a flame;

(c) Standard disposable and refillable lighters that are printed or decorated with logos, labels, decals or artwork, or heat shrinkable sleeves.

SECTION 2. Prohibition; penalty. A person may not sell at retail, offer for retail sale or distribute for retail sale or promotion in this state a novelty lighter. A person who violates this section commits a civil violation for which a fine of not more than Five Hundred Dollars ($500.00) may be imposed.

SECTION 3. Exception. The prohibition specified in Section 2 of this act does not apply to the transportation of novelty lighters through this state or the storage of novelty lighters in a warehouse or distribution center in this state that is closed to the public for purposes of retail sales.

SECTION 4. Enforcement. This section may be enforced by the State Fire Marshal's office; a state, county or municipal law enforcement officer; or a municipal code enforcement officer.

SECTION 5. The following shall be codified as Section 9-13-125, Mississippi Code of 1972:

9-13-125. Any person who engages in the practice of court reporting in this state, except as authorized in Sections 9-13-101 through 9-13-123, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Hundred Dollars ($200.00) or by imprisonment in the county jail not less than three (3) months nor more than twelve (12) months; and such person, upon conviction of the second offense against this section shall be punished by a fine of not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment in the custody of the Department of Corrections not less than one (1) year nor more than two (2) years; and such person, upon conviction of any succeeding offense, shall be punished in the discretion of the court; provided, however, that such punishment shall in no case exceed the payment of a fine of Five Thousand Dollars ($5,000.00) or imprisonment for five (5) years.

SECTION 6. Section 9-13-123, Mississippi Code of 1972, is amended as follows:

9-13-123. * * * As used in Sections 9-13-101 through 9-13-121:

"Courts" shall include all courts. Nothing in this chapter shall be construed as a limitation upon the power of the Supreme Court or of the trial courts to govern the conduct of, and to discipline, official court reporters, nor shall this chapter be construed as any limitation upon the rights of any individual to seek any remedy afforded by law, nor as any exclusive mode of regulating court reporters.

"The practice of court reporting" means the making of a verbatim record by means of written symbols or abbreviations in pen shorthand, machine shorthand, or oral stenography, also known as steno mask, of testimony or proceedings relevant to matters under the jurisdiction of the courts of the State of Mississippi, all state agencies or the Legislature or any committee or subcommittee thereof, or where appeal to any court of the State of Mississippi is allowable by law.

"The making of a verbatim record" includes the taking of a deposition.

SECTION 7. This act shall take effect and be in force from and after July 1, 2010.