Bill Text: MS HB49 | 2020 | Regular Session | Introduced


Bill Title: Alternative Nicotine Vaping; regulate with penalties for sale to persons under 21 years of age.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2020-03-03 - Died In Committee [HB49 Detail]

Download: Mississippi-2020-HB49-Introduced.html

MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Judiciary B

By: Representative Bain

House Bill 49

AN ACT TO CREATE NEW SECTION 97-32-52, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR A PERSON TO SELL OR FURNISH ALTERNATIVE NICOTINE PRODUCTS TO ANY PERSON UNDER 21 YEARS OF AGE WHILE ON EDUCATIONAL PROPERTY; TO PROVIDE PENALTIES FOR VIOLATIONS OF SUCH; TO CREATE ENHANCED PENALTIES FOR SELLING OR FURNISHING ALTERNATIVE NICOTINE PRODUCTS NEAR PLAYGROUNDS AND MOVIE THEATRES; TO AMEND SECTION 97-32-51, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF ALTERNATIVE NICOTINE PRODUCTS; TO AMEND SECTION 97-32-9, MISSISSIPPI CODE OF 1972, TO PROHIBIT POSSESSION OF ALTERNATIVE NICOTINE PRODUCTS BY ANY PERSON UNDER 21 YEARS OF AGE; TO PROVIDE PENALTIES FOR SUCH POSSESSION; TO AMEND SECTION 37-11-18, MISSISSIPPI CODE OF 1972, TO INCLUDE POSSESSION OF AN ALTERNATIVE NICOTINE PRODUCT ON EDUCATIONAL PROPERTY AS A GROUND FOR EXPULSION OF A STUDENT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  The following shall be codified as Section 97-32-52, Mississippi Code of 1972:

     97-32-52.  (1)  It shall be unlawful for any person who is in, on or within One Thousand Five Hundred (1,500) feet of a building or outbuilding which is all or part of educational property as defined by Section 97-37-17 to sell or furnish an alternative nicotine product as defined by Section 97-32-51, or any cartridge, component, liquid, capsule or powder thereof to any individual under twenty-one (21) years of age.  Each violation of the provisions of this section shall be treated as a separate offense.

     (2)  Upon conviction for violation of the provisions in subsection (1), the offender shall be punished as follows:

          (a)  For a first offense, a fine of Five Hundred Dollars ($500.00), and no more than twenty (20) hours of community service;

          (b)  For a second offense, a fine of One Thousand Dollars ($1000.00), and no more than thirty (30) hours of community service;

          (c)  For a third offense or subsequent offense, a fine of One Thousand Five Hundred Dollars ($1500.00), and no more than fifty (50) hours of community service. 

     (3)  If the alternative nicotine product as defined in this act contains any controlled substance that is otherwise prohibited by law, or any other substance that causes the recipient of such to require emergency medical care as a result of using the product, the penalty, upon conviction for such, shall be treble the fines and community service described in subsection (2) of this section, plus any other penalty provided by law for the sale, use, possession or furnishing of the controlled substance or other substance to a person.

     (4) Any person who violates this section in, on or within One Thousand (1,000) feet of any church, public park, ballpark, public gymnasium, youth center or movie theater  shall be punished, upon conviction for such violation, with treble the fines and community service described in subsection (2) of this section.

     SECTION 2.  Section 97-32-51, Mississippi Code of 1972, is amended as follows:

     97-32-51.  (1)  For the purposes of this section:

          (a)  (i)  "Alternative nicotine product" means:

                   1.  An electronic cigarette; * * *or

                   2.  Any other product that consists of or contains nicotine that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling or by any other means * * *.;

                   3.  Any electronic device, cartridge  component, liquid, capsule or powder thereof used to refill or resupply an electronic device that can be used to deliver nicotine to an individual inhaling from the device, including, but not limited to, liquid, powder or capsule; or

                   4.  An electronic cigar or cigarillo.

              (ii)  Alternative nicotine product does not include:

                   1.  A cigarette or other tobacco product as defined in Section 97-32-3;

                   2.  A product that is a drug under 21 USCS 321(g)(1);

                   3.  A product that is a device under 21 USCS 321(h); or

                   4.  A combination product described in 21 USCS 353(g).

          (b)  (i)  "Electronic cigarette" means an electronic product or device that produces a vapor that delivers nicotine or other substances to the person inhaling from the device to simulate smoking, and is likely to be offered to, or purchased by, consumers as an electronic cigarette, electronic cigar, electronic cigarillo or electronic pipe.

              (ii)  Electronic cigarette does not include:

                   1.  A cigarette or other tobacco products as defined in Section 97-32-3;

                   2.  A product that is a drug under 21 USCS 321(g)(1);

                   3.  A product that is a device under 21 USCS 321(h); or

                   4.  A combination product described in 21 USCS 353(g).

     (2)  No person, either directly or indirectly by an agent or employee, or by a vending machine owned by the person or located in the person's establishment, shall sell, offer for sale, give or furnish any alternative nicotine product, or any cartridge * * *or, component * * *of an alternative nicotine product, liquid, capsule or powder thereof, to an individual under * * *eighteen (18) twenty-one (21) years of age.  The penalties described in this subsection shall be treble the fines described in this section, plus any other penalty provided by law for the sale, use, possession, or furnishing of the controlled substance or other substance to a person, if the alternative nicotine product contains any controlled substance that is otherwise prohibited by law, or any other substance that causes the recipient of such to require emergency medical care as a result of using the product.  Each violation of the provisions of this section shall be treated as a separate offense.  A violation of this subsection is punishable as follows:

          (a)  By a fine of * * *Fifty Dollars ($50.00) Two Hundred Fifty Dollars ($250.00) for a first offense;

          (b)  By a fine of * * *Seventy-five Dollars ($75.00) Five Hundred Dollars ($500.00) for a second offense; and

          (c)  By a fine of * * *One Hundred Dollars ($100.00) One Thousand Dollars ($1000.00) for a third or subsequent offense.

     (3)  Before selling, offering for sale, giving or furnishing an alternative nicotine product, or any cartridge * * *or, component * * *of an alternative nicotine product liquid, capsule or powder thereof, to an individual, a person shall verify that the individual is at least * * *eighteen (18) twenty-one (21) years of age by:

          (a)  Examining from any individual that appears to be under twenty-seven (27) years of age a government-issued photographic identification that establishes the individual is at least * * *eighteen (18) twenty-one (21) years of age; or

          (b)  For sales made through the Internet or other remote sales methods, performing an age verification through an independent, third-party age verification service that compares information available from public records to the personal information entered by the individual during the ordering process that establishes the individual is * * *eighteen (18) twenty-one (21) years of age or older.

     SECTION 3.  Section 97-32-9, Mississippi Code of 1972, is amended as follows:

     97-32-9.  No person under * * *eighteen (18) 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 * * *eighteen (18) 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 * * *may order the minor to perform up to three (3) hours of community service, in addition to any other punishment imposed by the court shall punish the minor as follows:

          (a)  For a first offense, pay a fine of One Hundred Dollars ($100.00), and perform no more than fifteen (15) hours of community service;

          (b)  For a second offense, a fine of Three Hundred Dollars ($300.00), and no more than twenty-five (25) hours of community service;

          (c)  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 4.  Section 37-11-18, Mississippi Code of 1972, is amended as follows:

     37-11-18.  Any student in any school who possesses any controlled substance or alternative nicotine product as defined in Section 97-32-51, in violation of the Uniform Controlled Substances Law, a knife, handgun, other firearm or any other instrument considered to be dangerous and capable of causing bodily harm or who commits a violent act on educational property as defined in Section 97-37-17, Mississippi Code of 1972, shall be subject to automatic expulsion for a calendar year by the superintendent or principal of the school in which the student is enrolled; provided, however, that the superintendent of the school shall be authorized to modify the period of time for such expulsion on a case by case basis.  Such expulsion shall take effect immediately subject to the constitutional rights of due process, which shall include the student's right to appeal to the local school board.

     SECTION 5.  This act shall take effect and be in force from and after July 1, 2020.


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