Senate Bill 2723

AN ACT TO AMEND SECTION 97-32-29, MISSISSIPPI CODE OF 1972, TO REVISE THE FINE FOR THE USE OF TOBACCO PRODUCTS ON EDUCATIONAL PROPERTY; TO CREATE SECTION 97-32-31, MISSISSIPPI CODE OF 1972, TO REQUIRE SCHOOL EMPLOYEES TO REPORT SUCH VIOLATIONS TO LAW ENFORCEMENT OFFICERS; TO CREATE SECTION 97-32-33, MISSISSIPPI CODE OF 1972, TO REQUIRE LOCAL SCHOOL BOARDS TO ADOPT POLICIES REQUIRING NO-SMOKING SIGNS TO BE PLACED ON EDUCATIONAL PROPERTY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-32-29, Mississippi Code of 1972, is amended as follows:

97-32-29. (1) No person shall use any tobacco product on any educational property as defined in Section 97-32-27. Except as provided in subsection (2), any adult who violates this section shall be subject to a fine and shall be liable as follows:

(a) For a first conviction, a warning;

(b) For a second conviction, a fine of Seventy-five Dollars ($75.00); and

(2) Any adult employed by a public school district as a teacher, principal or superintendent who violates this section shall be subject to a fine and shall be liable as follows:

(a) For any teacher, a fine of Two Hundred Fifty Dollars ($250.00) for any conviction;

(b) For any principal, a fine of Seven Hundred Fifty Dollars ($750.00) for any conviction; and

(3) Any adult found in violation of this section shall be issued a citation by a law enforcement officer, which citation shall include notice of the date, time and location for hearing before the * * *~~justice~~ court having jurisdiction where the violation is alleged to have occurred. For the purposes of this section, "subsequent convictions" are for violations committed on any educational property within the State of Mississippi.

(4) Anyone convicted under this article shall be recorded as being fined for a civil violation of this article and not for violating a criminal statute.

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

SECTION 2. The following shall be codified as Section 97-32-31, Mississippi Code of 1972:

97-32-31. Any school employee who has knowledge of any activity in violation of Section 37-32-29 shall report such activity to the appropriate law enforcement officials.

SECTION 3. The following shall be codified as Section 97-32-33, Mississippi Code of 1972:

97-32-33. Each school board shall adopt a policy requiring the posting of signs in the school district that explain the prohibitions in this article. Such signs shall be substantially in the following form:

NO SMOKING

Mississippi State law prohibits the use of ANY tobacco product on any educational property. Violations are subject to a fine of up to Five Thousand Dollars ($5,000.00).

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

"Educational property" means any public school building or bus, public 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 educational institution or during a school-related activity.

SECTION 4. This act shall take effect and be in force from and after July 1, 2014.