MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary B
By: Representative Scoggin
AN ACT TO AMEND SECTIONS 97-32-5, 97-32-11, 97-32-15, AND 97-32-23, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE SALE OF TOBACCO TO ANY PERSON UNDER THE AGE OF 21 YEARS; TO BRING FORWARD SECTIONS 97-32-27 AND 97-32-29, MISSISSIPPI CODE OF 1972, WHICH REGULATE TOBACCO ON EDUCATIONAL PROPERTY, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-32-5, Mississippi Code of 1972, is amended as follows:
97-32-5. It shall be unlawful
for any person, or retailer, to sell, barter, deliver or give tobacco products
to any individual under * * *eighteen (18) twenty-one (21)
years of age unless the individual under * * * twenty-one (21) years of
age holds a retailer's license to sell tobacco under Section 27-69-1 et seq.,
Mississippi Code of 1972.
It shall be an absolute
affirmative defense that the person selling, bartering, delivering or giving
tobacco products over the counter in a retail establishment to an individual
under * * *
twenty-one (21) years of age in violation of this article had requested
and examined a government-issued photographic identification from such person
establishing his age as at least * * * twenty-one (21) years
prior to selling such person a tobacco product. The failure of a seller,
barterer, deliverer or giver of tobacco products over the counter in a retail
establishment to request and examine photographic identification from a person
under * * *
twenty-one (21) years of age prior to the sale of a tobacco product to
such person if the individual is not known to the seller, barterer, deliverer
or giver of the tobacco product to be over the age of * * * twenty-one (21) years,
shall be construed against the seller, barterer, deliverer or giver and form a
conclusive basis for the seller's violation of this section.
It shall be an absolute
affirmative defense that the person or entity giving tobacco products through
the mail to an individual under * * * twenty-one (21) years of
age in violation of this article had requested and received documentary or written
evidence from such person purportedly establishing his age to be at least * * * twenty-one (21) years of
age.
Any person who violates this section shall be liable as follows: For a first conviction, a fine of Fifty Dollars ($50.00); for a second conviction, a fine of Seventy-five Dollars ($75.00); and for all subsequent convictions, a fine of One Hundred Fifty Dollars ($150.00) shall be imposed.
Any person found in violation of this section shall be issued a citation and the holder of the retailer permit shall be sent notification of this citation by registered mail by the law enforcement agency issuing the citation. Notification shall include the opportunity for hearing before the appropriate court. For a first conviction, the retailer shall be sent a warning letter informing him of the retailer's responsibility in the selling of tobacco products. For a second conviction, the retailer, or retailer's designee, shall be required to enroll in and complete a "Retailer Tobacco Education Program."
For a third or subsequent violation of this section by any retailer, within one (1) year of the two (2) prior violations, any retailer's permit issued pursuant to Section 27-69-1 et seq., Mississippi Code of 1972, may be revoked or suspended for a period of at least one (1) year after notice and opportunity for hearing. If said permit is revoked by the Department of Revenue, the retailer may not reapply for a permit to sell tobacco for a period of six (6) months. For the purposes of this section, "subsequent violations" are those committed at the same place of business.
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.
It shall not be considered a
violation of this section on the part of any law enforcement officer or person
under * * *
twenty-one (21) years of age for any law enforcement officer of this state
to use persons under * * * twenty-one (21) years of age to purchase or attempt to
purchase tobacco products for the purpose of monitoring compliance with this
section, as long as those persons are supervised by duly authorized law
enforcement agency officials.
Any law enforcement agency conducting enforcement efforts undertaken pursuant to this article shall prepare a report as prescribed by the Attorney General which includes the number of unannounced inspections conducted by the agency, a summary of enforcement actions taken pursuant to this article, the name and permit number of the retailer pursuant to Section 27-69-1 et seq., Mississippi Code of 1972, and final judicial disposition on all enforcement actions. Reports shall be forwarded to the Office of the Attorney General within twenty (20) working days of the final judicial disposition.
On notification from local law enforcement that a retailer has violated this article so as to warrant a revocation of the retailer's permit, the Attorney General shall notify in writing the Department of Revenue within twenty (20) working days.
In accordance with the procedures of Section 27-69-9, Mississippi Code of 1972, the Department of Revenue shall initiate revocation procedures of the retailer's permit. The Office of the Attorney General shall provide legal assistance in revocation procedures when requested by the Department of Revenue.
SECTION 2. Section 97-32-11, Mississippi Code of 1972, is amended as follows:
97-32-11. Point of sale
warning signs are required, and each seller shall place and maintain in legible
condition, at each point of sale of tobacco products to consumers, a sign no
smaller than eight and one-half (8-1/2) by eleven (11) inches or ninety-three
(93) square inches stating: "STATE LAW PROHIBITS THE SALE OF TOBACCO PRODUCTS
TO PERSONS UNDER THE AGE OF * * * 21 YEARS. PROOF OF AGE
REQUIRED."
Any person who violates this section shall be punished by a penalty of not more than One Hundred Dollars ($100.00).
SECTION 3. Section 97-32-15, Mississippi Code of 1972, is amended as follows:
97-32-15. It shall be
unlawful for any person to sell tobacco products through a vending machine,
unless the vending machine is located in an establishment to which individuals
under the age of * * * twenty-one (21) years are denied access or are required
to be accompanied by an adult. A person who violates this section shall be
punished by a penalty of not more than Two Hundred Fifty Dollars ($250.00).
SECTION 4. Section 97-32-23, Mississippi Code of 1972, is amended as follows:
97-32-23. It shall be
unlawful to publish the name or identity of any person under the age of * * * twenty-one (21) years who
is convicted or adjudicated of any violation of this article.
SECTION 5. Section 97-32-27, Mississippi Code of 1972, is brought forward as follows:
97-32-27. (1) "Adult" means any natural person at least eighteen (18) years old.
(2) "Minor" means any natural person under the age of eighteen (18) years.
(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.
(5) "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; provided, however, that the term "educational property" shall not include any sixteenth section school land or lieu land on which is not located a public school building, public school campus, public school recreational area or public school athletic field. Educational property shall not include property owned or operated by the state institutions of higher learning, the public community and junior colleges, or vocational-technical complexes where only adult students are in attendance.
SECTION 6. Section 97-32-29, Mississippi Code of 1972, is brought forward as follows:
97-32-29. No person shall use any tobacco product on any educational property as defined in Section 97-32-27. 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 (c) for all subsequent convictions, a fine not to exceed One Hundred Fifty Dollars ($150.00) shall be imposed.
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.
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.
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 7. This act shall take effect and be in force from and after July 1, 2024.