Who sponsors SB 2596?

SB 2596 is sponsored by Scott DeLano (Republican).

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Mississippi 2020 Regular Session Status: Enacted 1 R cosponsors

SB 2596 — Alcoholic beverages; revise penalties for sale to minors.

Last action July 08, 2020 — Approved by Governor

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Introduced
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In Committee
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Passed Senate
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Passed House
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To Executive
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Enacted

This bill has been enacted into law. Introduced February 17, 2020. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

Enacted

Current position in the legislative process.
1 sponsor

1 primary, 0 co-sponsors signed on.
Single-party support

Sponsorship is currently within one party (1 R).
Cleared a recorded vote

Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

247 added · 11 removed

Plain-language change summary

The latest version of SB 2596 adds stricter regulations on selling alternative nicotine products to minors, specifically prohibiting sales within 1,500 feet of educational buildings and within 1,000 feet of locations like churches and parks. It also updates the definitions and penalties related to various offenses concerning these products and expands the rules to include alternative nicotine products alongside tobacco. This change is significant as it aims to reduce youth access to these products, thereby promoting public health and safety in communities.

SB2596 (As ~~Passed~~Sent ~~the~~to ~~Senate)~~Governor) - 2020 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Senator(s) DeLano Senate Bill 2596 (As ~~Passed~~Sent ~~the~~to ~~Senate)~~Governor) AN ACT TO AMEND SECTION 67-1-81, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTIES FOR THE SALE OR FURNISHING OF ALCOHOLIC BEVERAGES TO A MINOR, AND TO AUTHORIZE THE COMMISSIONER OF REVENUE TO IMPOSE CERTAIN ADMINISTRATIVE PENALTIES ON ALCOHOLIC BEVERAGE PERMITTEES FOR VIOLATIONS OF THIS SECTION;

TO CREATE NEW SECTION 97-32-52, MISSISSIPPI CODE OF 1972, TO DECLARE AS UNLAWFUL, AND TO PROVIDE THE PENALTIES FOR, THE SALE OR FURNISHING OF AN ALTERNATIVE NICOTINE PRODUCT TO A MINOR WITHIN 1,500 FEET OF A BUILDING ON EDUCATIONAL PROPERTY, OR WITHIN 1,000 FEET OF A CHURCH, PUBLIC PARK, BALLPARK, PUBLIC GYMNASIUM, YOUTH CENTER OR MOVIE THEATER ;

TO AMEND SECTION 97-32-51, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF "ALTERNATIVE NICOTINE PRODUCT," AND TO REVISE THE PENALTIES AND AGE LIMIT FOR OFFENSES CONCERNING THE DISTRIBUTION OF ALTERNATIVE NICOTINE PRODUCTS TO MINORS;

TO AMEND SECTION 97-32-9, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTIES AND AGE LIMIT FOR THE PURCHASE AND POSSESSION OF TOBACCO BY MINORS, AND TO EXPAND THE PROHIBITIONS TO THE PURCHASE AND POSSESSION OF ALTERNATIVE NICOTINE PRODUCTS;

TO AMEND SECTIONS 97-32-7, 97-32-13 AND 97-32-21, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE ABOVE;

TO AMEND SECTION 97-32-2, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR STATEWIDE UNIFORMITY WITH RESPECT TO CERTAIN LAWS CONCERNING THE SALE, PROMOTION AND DISTRIBUTION OF ALTERNATIVE NICOTINE PRODUCTS, TOBACCO AND TOBACCO PRODUCTS;

67-1-81. (1) (a) Any permittee or other person who shall sell, furnish, dispose of, give, or cause to be sold, furnished, disposed of, or given, any alcoholic beverage to any person under the age of twenty-one (21) years shall be guilty of a misdemeanor and shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) for a first offense. For a second or subsequent offense, such permittee or other person shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Two Thousand Dollars ($2,000.00), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment in the discretion of the ~~court. * * *Upon~~court. * * * Upon conviction of a second offense under the provisions of this section, the permit of any permittee so convicted shall be automatically and permanently revoked.

2.2. For a second offense occurring on the licensed premises within a twelve-month period, suspension of the permit for not more than two (2) weeks.

~~For a second offense occurring on the licensed premises within a twelve-month period, suspension of the permit for not more than two (2) weeks.~~

SECTION 2. ~~This~~The ~~act~~following shall ~~take~~ ~~effect~~ ~~and~~ be incodified ~~force~~as ~~from~~Section ~~and~~97-32-52, ~~after~~Mississippi ~~July~~Code 1,of ~~2020.~~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 to any individual under twenty-one (21) years of age. Each violation of the provisions of this subsection (1) shall be treated as a separate offense.

(2) Upon conviction for violation of the provisions in subsection (1) of this section, 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 ($1,000.00), and no more than thirty (30) hours of community service;

and (c) For a third offense or subsequent offense, a fine of One Thousand Five Hundred Dollars ($1,500.00), and no more than fifty (50) hours of community service.

(3) It shall be unlawful for any person who is in, on or within one thousand (1,000) feet of any church, public park, ballpark, public gymnasium, youth center or movie theater to sell or furnish an alternative nicotine product to any individual under twenty-one (21) years of age. Each violation of the provisions of this subsection (3) shall be treated as a separate offense.

(4) Upon conviction for violation of the provisions in subsection (3) of this section, the offender shall be punished with treble the fines and community service described in subsection (2) of this section.

(5) If the alternative nicotine product sold or furnished in violation of this section contains any controlled substance that is otherwise prohibited by law, or any other substance that causes the recipient to require emergency medical care as a result of using the product, the penalty, upon conviction, 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 or furnishing of the controlled substance or other substance.

SECTION 3. Section 97-32-51, Mississippi Code of 1972, is amended as follows:

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

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

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 a 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 ($1,000.00) for a third or subsequent offense.

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(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 4. 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:

(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 5. Section 97-32-7, Mississippi Code of 1972, is amended as follows:

97-32-7. (1) Every person engaged in the business of selling tobacco products or alternative nicotine products at retail shall notify each individual employed by that person as a retail sales clerk that state law:

(a) Prohibits the sale or distribution of tobacco products or alternative nicotine products, including samples, to any person under * * * eighteen (18) twenty-one (21) years of age and the purchase or receipt of tobacco products or alternative nicotine products by any person under * * * eighteen (18) twenty-one (21) years of age * * *,;

and (b) Requires that proof of age be demanded from a prospective purchaser or recipient if the prospective purchaser or recipient is under the age of * * * eighteen (18) twenty-one (21) years. Every person employed by a person engaged in the business of selling tobacco products or alternative nicotine products at retail shall sign an agreement with his employer in substantially the following or similar form:

"I understand that state and federal law prohibit the sale or distribution of tobacco products and alternative nicotine products to persons under the age of * * * eighteen (18) twenty-one (21) years and out-of-package sales, and requires that proof of age be demanded from a prospective purchaser or recipient under * * * eighteen (18) twenty-one (21) years of age if the individual is not known to the seller, barterer, deliverer or giver of the tobacco product or alternative nicotine product to be over the age of * * * eighteen (18) twenty-one (21) years. I promise, as a condition of my employment, to observe this law." (2) Any person violating the provisions of this section shall be penalized not less than Fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00). (3) No retailer who instructs his employee as provided in this section shall be liable for any violations committed by such employees.

SECTION 6. Section 97-32-13, Mississippi Code of 1972, is amended as follows:

97-32-13. Any person under the age of * * * eighteen (18) twenty-one (21) years who falsely states he is * * * eighteen (18) twenty-one (21) years of age or older, or presents any document that indicates he is * * * eighteen (18) twenty-one (21) years of age or older, for the purpose of purchasing or possessing any alternative nicotine product, tobacco or tobacco product shall be penalized not less than Twenty-five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00) or required to complete at least thirty (30) days' community service, or both.

SECTION 7. 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 * * * Youth Access Prevention Act of 1997. Persons under the age of * * * eighteen (18) 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 * * * eighteen (18) twenty-one (21) years of age so utilized has given prior written consent for the minor'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 8. Section 97-32-2, Mississippi Code of 1972, is amended as follows:

97-32-2. It is the intent of the Legislature that enforcement of this chapter be implemented in an equitable manner throughout the state. The provisions of Sections 97-32-5, 97-32-7, 97-32-9, 97-32-11, 97-32-13, 97-32-15, 97-32-17, 97-32-19 * * * and, 97-32-21 and 97-32-51 shall supersede any existing or subsequently enacted local law, ordinance or regulation which relates to the sale, promotion and distribution of alternative nicotine products, tobacco and tobacco products.

SECTION 9. This act shall take effect and be in force from and after its passage.

Latest

SB2596 (As ~~Passed~~ ~~the~~ ~~Senate)~~ - 2020 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

SB2596 (As Sent to Governor) - 2020 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Senator(s) DeLano Senate Bill 2596 (As ~~Passed~~ ~~the~~ ~~Senate)~~ AN ACT TO AMEND SECTION 67-1-81, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTIES FOR THE SALE OR FURNISHING OF ALCOHOLIC BEVERAGES TO A MINOR, AND TO AUTHORIZE THE COMMISSIONER OF REVENUE TO IMPOSE CERTAIN ADMINISTRATIVE PENALTIES ON ALCOHOLIC BEVERAGE PERMITTEES FOR VIOLATIONS OF THIS SECTION;

Senator(s) DeLano Senate Bill 2596 (As Sent to Governor) AN ACT TO AMEND SECTION 67-1-81, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTIES FOR THE SALE OR FURNISHING OF ALCOHOLIC BEVERAGES TO A MINOR, AND TO AUTHORIZE THE COMMISSIONER OF REVENUE TO IMPOSE CERTAIN ADMINISTRATIVE PENALTIES ON ALCOHOLIC BEVERAGE PERMITTEES FOR VIOLATIONS OF THIS SECTION;

TO AMEND SECTIONS 97-32-7, 97-32-13 AND 97-32-21, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE ABOVE;

67-1-81. (1) (a) Any permittee or other person who shall sell, furnish, dispose of, give, or cause to be sold, furnished, disposed of, or given, any alcoholic beverage to any person under the age of twenty-one (21) years shall be guilty of a misdemeanor and shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) for a first offense. For a second or subsequent offense, such permittee or other person shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Two Thousand Dollars ($2,000.00), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment in the discretion of the ~~court. * * *Upon~~ conviction of a second offense under the provisions of this section, the permit of any permittee so convicted shall be automatically and permanently revoked.

67-1-81. (1) (a) Any permittee or other person who shall sell, furnish, dispose of, give, or cause to be sold, furnished, disposed of, or given, any alcoholic beverage to any person under the age of twenty-one (21) years shall be guilty of a misdemeanor and shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) for a first offense. For a second or subsequent offense, such permittee or other person shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Two Thousand Dollars ($2,000.00), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment in the discretion of the court. * * * Upon conviction of a second offense under the provisions of this section, the permit of any permittee so convicted shall be automatically and permanently revoked.

2. For a second offense occurring on the licensed premises within a twelve-month period, suspension of the permit for not more than two (2) weeks.

~~For a second offense occurring on the licensed premises within a twelve-month period, suspension of the permit for not more than two (2) weeks.~~

SECTION 2. ~~This~~ ~~act~~ shall ~~take~~ ~~effect~~ ~~and~~ be in ~~force~~ ~~from~~ ~~and~~ ~~after~~ ~~July~~ 1, ~~2020.~~

SECTION 2. The following shall be codified as Section 97-32-52, Mississippi Code of 1972:

(2) Upon conviction for violation of the provisions in subsection (1) of this section, 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 ($1,000.00), and no more than thirty (30) hours of community service;

and (c) For a third offense or subsequent offense, a fine of One Thousand Five Hundred Dollars ($1,500.00), and no more than fifty (50) hours of community service.

SECTION 3. Section 97-32-51, Mississippi Code of 1972, is amended as follows:

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

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

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).

(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).

(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 ($1,000.00) for a third or subsequent offense.

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