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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3315 By: Roe
COMMITTEE SUBSTITUTE
An Act relating to tobacco products; amend ing 10A
O.S. 2021, Section 2-8-224, which relates to underage
tobacco use; modifying penalty; and pro viding an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 2-8-224, is
amended to read as follows:
Section 2-8-224. A. It is unlawful for a person who is under
twenty-one (21) years of age to purchase, receive, or have in his or
her possession a tobacco product, nicotine product or vapor product,
or to present or offer to any person any purported proof of age
which is false or fraudulent, for the purpose of purchasi ng or
receiving any tobacco product , nicotine product or vapor product.
It shall not be unlawful for an employee under twenty -one (21) years
of age to handle tobacco products, nicotine products or vapor
products when required in the performance of the emp loyee's duties.
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B. When a person violates subsection A of this section, the
Alcoholic Beverage Laws Enforcement (ABLE) Commission shall impose
an administrative fine:
1. Not to exceed One Hundred Dollars ($100.00) for a first
offense; and
2. Not to exceed Two Hundred Dollars ($200.00) for a second or
subsequent offense within a one-year period following the first
offense.
Upon failure of the individu al to pay the administrative fine
within ninety (90) days of the day of the fine, the ABLE Commission
shall notify the Department of Public Safety, and the Department
shall suspend or not issue a driver license to the individual u ntil
proof of payment has been furnished to the Department of Public
Safety require the violator to complete an education or tobacco use
cessation program approved by the State Department of Health.
C. The ABLE Commission shall establish rules to provide for
notification to a parent or guardian of any minor cited for a
violation of this section.
D. Cities and towns may enac t and municipal police o fficers may
enforce ordinances prohibiting and penalizing conduct under
provisions of this section , but the provisions of such ordinances
shall be the same as provided for in this section, and the
enforcement provisions under such o rdinances shall not be m ore
stringent than those of this section.
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E. For the purposes of this section, the term "vapor products"
shall have the same meaning as provided in th e Prevention of Youth
Access to Tobacco Act.
SECTION 2. This act shall become effective November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED
SUBSTANCES, dated 03/03/2022 - DO PASS, As Amended.