Bill Text: MS SB2871 | 2024 | Regular Session | Engrossed
Bill Title: The Mississippi Juvenile Tobacco Access Prevention Act of 1997; amend to provide consistent reference to age.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-04-10 - Died On Calendar [SB2871 Detail]
Download: Mississippi-2024-SB2871-Engrossed.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Public Health and Welfare
By: Senator(s) Suber
Senate Bill 2871
(As Passed the Senate)
AN ACT TO AMEND SECTION 97-32-5, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE SALE OF TOBACCO OR TOBACCO PRODUCTS TO PERSONS UNDER 21 YEARS OF AGE; TO PROVIDE A CONSISTENT REFERENCE TO THE AGE IN THE MISSISSIPPI JUVENILE TOBACCO ACCESS PREVENTION ACT OF 1997; TO AMEND SECTIONS 97-32-9, 97-32-11, 97-32-15, 97-32-21 AND 97-32-23, MISSISSIPPI CODE OF 1972, TO CONFORM; 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 * * * 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 97-32-9, 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 * * *
person 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 3. 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 4. 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 5. Section 97-32-21, Mississippi Code of 1972, is amended as follows:
97-32-21. The Office of the
Attorney General or local law enforcement agencies shall at least annually
conduct random, unannounced inspections at locations where alternative nicotine
products, tobacco or tobacco products are sold or distributed to ensure
compliance with the Mississippi Juvenile Tobacco Access Prevention Act of
1997. Persons under the age of twenty-one (21) years may be enlisted by the
Office of the Attorney General or local law enforcement to test compliance with
the Mississippi Juvenile Tobacco Access Prevention Act of 1997, provided that
the parent or legal guardian of the person under twenty-one (21) years of age
so utilized has given prior written consent for the * * *
person's participation in unannounced inspections. The Office of the Attorney
General must prepare a report of the findings, and report these findings to the
Department of Health and Department of Mental Health. The Department of Mental
Health shall prepare the annual report required by Section 1926, subpart 1 of
Part B, Title XIX of the Federal Public Health Service Act (42 USCS 300X-26).
The report shall be approved by the Governor and then promptly transmitted to
the Secretary of the United States Department of Health and Human Services.
SECTION 6. 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 7. This act shall take effect and be in force from and after its passage.
